HOUSE STATE GOVERNMENT, INDIAN AND VETERANS AFFAIRS

 COMMITTEE SUBSTITUTE FOR

HOUSE BILL 224

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO NONPROFIT ORGANIZATIONS; LIMITING THE PERSONAL LIABILITY OF VOLUNTEERS PERFORMING SERVICES FOR A NONPROFIT ORGANIZATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] VOLUNTEERS--LIMITED PERSONAL LIABILITY--NONPROFIT ORGANIZATIONS.--

          A. As used in this section:

                (1) "nonprofit organization" means an entity that operates under the standards of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and

                (2) "volunteer" means an individual performing services for a nonprofit organization who is not compensated for those services, except that a meal or meal stipend provided by the nonprofit organization to the individual shall not constitute compensation. "Volunteer" does not include a board member or a person with a fiduciary responsibility to the nonprofit organization.

          B. A volunteer of a nonprofit organization shall be immune from personal liability for any act or omission resulting in damage or injury to any person intended to receive benefit from the volunteer's service if:

                (1) the volunteer acted in good faith and within the scope of the volunteer's official functions and duties with the organization;

                (2) the volunteer was properly licensed, certified or authorized by the state, if appropriate or required, to engage in the activity that was engaged in when the damage or injury occurred to the person intended to receive benefit from the volunteer's service; and

                (3) the damage or injury was not caused by the intentional or malicious conduct of the volunteer.

          C. Nothing in this section shall limit the liability of a volunteer who possesses a business license pursuant to Chapter 60 NMSA 1978 or a professional or occupational license pursuant to Chapter 61 NMSA 1978 and who is engaging in the activity for which that person is licensed.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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