0001|                           SENATE BILL 200
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          LEONARD LEE RAWSON
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO VOLUNTEER LIABILITY PROTECTION; ENACTING THE
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0012|     VOLUNTEER SERVICE ACT; PROVIDING CIVIL LIABILITY PROTECTION
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0013|     FOR CERTAIN ACTS.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  SHORT TITLE.--This act may be cited as the
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0017|     "Volunteer Service Act".
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0018|          Section 2.  FINDINGS AND DECLARATION.--The legislature
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0019|     finds and declares that:
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0020|               A.  the willingness of volunteers to offer their
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0021|     services has been increasingly deterred by a perception that
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0022|     they put personal assets at risk in the event of tort actions
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0023|     seeking damages arising from their activities as volunteers;
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0024|               B.  the contributions of programs, activities and
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0025|     services to communities is diminished and worthwhile programs,
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0001|     activities and services are deterred by the unwillingness of
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0002|     volunteers to serve either as volunteers or as officers,
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0003|     directors or trustees of nonprofit public and private
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0004|     organizations;
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0005|               C.  it is in the public interest to strike a
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0006|     balance between the right of a person to seek redress for
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0007|     injury and the right of an individual to freely give of his
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0008|     time and energy without compensation as a volunteer in service
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0009|     to his community without fear of personal liability for acts
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0010|     undertaken in good faith absent willful or wanton conduct on
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0011|     the part of the volunteer; and
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0012|               D.  the provisions of the Volunteer Service Act are
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0013|     intended to encourage volunteers to contribute their services
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0014|     for the good of their communities and at the same time provide
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0015|     a reasonable basis for redress of claims that arise relating
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0016|     to those services.
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0017|          Section 3.  DEFINITIONS.--As used in the Volunteer
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0018|     Service Act:
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0019|               A.  "governmental entity" means a county,
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0020|     municipality, school district, special district or similar
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0021|     entity; an association; an authority, board or commission; a
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0022|     division, office, task force or other agency of the state; or
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0023|     an officer of the state;
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0024|               B.  "nonprofit corporation"  means any corporation
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0025|     that is exempt from taxation pursuant to Section 501(a) of the
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0001|     Internal Revenue Code of 1986, as amended;
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0002|               C.  "nonprofit organization" means any organization
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0003|     that is exempt from taxation pursuant to Section 501(c) of the
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0004|     Internal Revenue Code of 1986, as amended; and
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0005|               D.  "volunteer" means a person performing services
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0006|     for a nonprofit organization, nonprofit corporation, hospital
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0007|     or governmental entity without compensation, other than
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0008|     reimbursement for actual expenses incurred, and includes a
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0009|     volunteer serving as a director, officer, trustee or direct
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0010|     service volunteer.
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0011|          Section 4.  SCOPE OF IMMUNITY.--
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0012|               A.  A volunteer shall be immune from civil
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0013|     liability in any action on the basis of any act or omission of
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0014|     a volunteer resulting in damage or injury if:
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0015|                    (1)  the volunteer was acting in good faith
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0016|     and within the scope of the volunteer's official functions and
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0017|     duties for a nonprofit organization, nonprofit corporation,
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0018|     hospital or governmental entity; and
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0019|                    (2)  the damage or injury was not caused by
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0020|     willful and wanton misconduct by the volunteer.
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0021|               B.  In a suit against a nonprofit organization,
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0022|     nonprofit corporation or hospital for civil damages based upon
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0023|     the negligent act or omission of a volunteer, proof of the act
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0024|     or omission is sufficient to establish the responsibility of
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0025|     the organization for the act or omission under the doctrine of
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0001|     respondeat superior, notwithstanding the immunity granted to
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0002|     the volunteer with respect to an act or omission included
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0003|     under Subsection A of this section.
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0004|          Section 5.  APPLICABILITY.--The Volunteer Service Act
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0005|     shall be effective as to any civil suit for damages commenced
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0006|     on or after one hundred eighty days from the effective date of
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0007|     this act regardless of whether the claim arose prior to that
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0008|     effective date.
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0009|          Section 6.  EFFECTIVE DATE.--The effective date of the
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0010|     provisions of this act is July 1, 1998.
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0011|                              
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