HB390: relative to liability of nonprofit organizations.

HB 390 - AS INTRODUCED

2003 SESSION

03-0341

06/09

HOUSE BILL 390

AN ACT relative to liability of nonprofit organizations.

SPONSORS: Rep. N. Johnson, Straf 68; Rep. Rodeschin, Sull 20; Rep. Konys, Hills 65; Sen. Kenney, Dist 3

COMMITTEE: Judiciary

ANALYSIS

This bill makes a nonprofit organization or government entity immune from civil liability in an action based on volunteer activity related to transportation, if the organization or entity verified that the volunteer has motor vehicle insurance, has passed a criminal and motor vehicle background check, and has a valid driver's license.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0341

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to liability of nonprofit organizations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Volunteers; Liability Limited; Actions Related to Transportation. Amend RSA 508:17, II to read as follows:

II.(a) Liability of a nonprofit organization for damage or injury sustained by any one person in actions brought against the organization alleging negligence on the part of an organization volunteer is limited to $250,000. Such limit applies in the aggregate to any and all actions to recover for damage or injury sustained by one person in a single incident or occurrence.

(b) Liability of a nonprofit organization for damage or injury sustained by any number of persons in a single incident or occurrence involving negligence on the part of an organization volunteer is limited to $1,000,000.

(c) A nonprofit organization or government entity shall be immune from civil liability in any action brought on the basis of volunteer activity related to transportation if the organization or entity verified that the volunteer was covered by a current motor vehicle liability insurance policy, passed a criminal and motor vehicle background check, and had a valid driver's license for the class or type of vehicle being driven.

2 Activity Performed by Volunteers Subject to Liability. Amend RSA 508:17, IV to read as follows:

IV. [Volunteer] Activity performed by volunteers and related to transportation or to care of the organization's premises shall be excepted from the provisions of paragraph I of this section.

3 Effective Date. This act shall take effect January 1, 2004.