hb1160I-Introduced Bill Text
SECOND REGULAR SESSION
HOUSE BILL NO. 1160
90TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GROSS.
Pre-filed December 2, 1999, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
To repeal section 537.118, RSMo 1994, relating to volunteers' liability, and to enact in lieu thereof one new section relating
to the same subject.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 537.118, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section
537.118 to read as follows:
537.118. 1. As used in this section, the following terms mean:
(1) "Nonprofit organization", an entity which operates under the standards of section 501(c) of the Internal Revenue Code
of 1986 as amended;
(2) "Prorated equivalent basis", any other basis for compensation except that used to compensate for expenses actually
(3) "Volunteer", an individual performing services for a nonprofit organization or a governmental entity who is not
compensated for [his] such individual's services on a salary or prorated equivalent basis. The term shall not include those
covered by section 537.117.
2. Any volunteer of a nonprofit organization or governmental entity shall be immune from personal liability for any act or
omission resulting in damage or injury to any person intended to receive benefit from such volunteer's service if:
(1) The volunteer acted in good faith and within the scope of [his] such volunteer's official functions and duties with the
organization or entity; and
(2) The damage or injury was not caused by the intentional or malicious conduct or by the gross negligence of such
3. Nothing in this section shall be construed to create or abolish an immunity in favor of a nonprofit organization or a
[4. The provisions of this section shall apply to all causes of action accruing after August 28,
Missouri House of