Article 36.--IMMUNITY FROM LIABILITY FOR VOLUNTEERS
60-3601.Immunity from liability for volunteers of certain nonprofitorganizations, limitations.(a) As used in this section:
(1) "Nonprofit organization" means those nonprofitorganizations exempt from federal income tax pursuant to section 501(c)of the Internal Revenue Code of 1986, as in effect on the effective date of this act.
(2) "Compensation" does not include actual and necessary expenses thatare incurred by a volunteer in connection with the services that thevolunteer performs for a nonprofit organization and that are reimbursedto the volunteer or otherwise paid.
(3) "Volunteer" means an officer, director, trustee or other person who performsservices for a nonprofit organization but does not receive compensation,either directly or indirectly, for those services.Volunteer does not include a person who delivers health care services topatients in a medical care facility as defined in K.S.A. 65-425 and amendments thereto.
(b) If a nonprofit organization carries general liability insurancecoverage, a volunteer of such organization shall not be liable for damagesin a civil action foracts or omissions as such volunteer unless: (1) Such conduct constituteswillful or wanton misconduct or intentionally tortious conduct; or (2) such volunteer isrequired to be insured by law or isotherwise insured against such acts or omissions but, in such case,liability shall be only to the extent of the insurance coverage.
(c) If a nonprofit organization carries general liability insurancecoverage, a volunteer of such organization shall not be liable for damagesin a civil action for theactions or omissions of any of the officers, directors, trustees, employeesor other volunteers of the nonprofit organization unless: (1) The volunteerauthorizes, approves, ratifies or otherwise actively participates in theaction or omission and the action or omission constitutes willful or wantonmisconduct orintentionally tortious conduct; or (2) such volunteer is required to be insured by law or is otherwise insured against suchacts or omissions but, in such case, liability shall be only to the extentof the insurance coverage.
(d) Nothing in this section shall be construed to affect the liabilityof a nonprofit organization for damages caused by the negligent orwrongful act or omission of its volunteer and a volunteer's negligence orwrongful act or omission, when acting as a volunteer, shall be imputed tothe nonprofit organization for the purpose of apportioning liability fordamages to a third party pursuant to K.S.A. 60-258a and amendments thereto.
(e) The provisions of this act shall apply only to causes ofaction accruing on or after July 1, 1987.
History: L. 1987, ch. 215, § 1;L. 1988, ch. 223, § 1; April 28.
Article 36.--IMMUNITY FROM LIABILITY FOR VOLUNTEERS
60-3601.Immunity from liability for volunteers of certain nonprofitorganizations, limitations.(a) As used in this section:
(1) "Nonprofit organization" means those nonprofitorganizations exempt from federal income tax pursuant to section 501(c)of the Internal Revenue Code of 1986, as in effect on the effective date of this act.
(2) "Compensation" does not include actual and necessary expenses thatare incurred by a volunteer in connection with the services that thevolunteer performs for a nonprofit organization and that are reimbursedto the volunteer or otherwise paid.
(3) "Volunteer" means an officer, director, trustee or other person who performsservices for a nonprofit organization but does not receive compensation,either directly or indirectly, for those services.Volunteer does not include a person who delivers health care services topatients in a medical care facility as defined in K.S.A. 65-425 and amendments thereto.
(b) If a nonprofit organization carries general liability insurancecoverage, a volunteer of such organization shall not be liable for damagesin a civil action foracts or omissions as such volunteer unless: (1) Such conduct constituteswillful or wanton misconduct or intentionally tortious conduct; or (2) such volunteer isrequired to be insured by law or isotherwise insured against such acts or omissions but, in such case,liability shall be only to the extent of the insurance coverage.
(c) If a nonprofit organization carries general liability insurancecoverage, a volunteer of such organization shall not be liable for damagesin a civil action for theactions or omissions of any of the officers, directors, trustees, employeesor other volunteers of the nonprofit organization unless: (1) The volunteerauthorizes, approves, ratifies or otherwise actively participates in theaction or omission and the action or omission constitutes willful or wantonmisconduct orintentionally tortious conduct; or (2) such volunteer is required to be insured by law or is otherwise insured against suchacts or omissions but, in such case, liability shall be only to the extentof the insurance coverage.
(d) Nothing in this section shall be construed to affect the liabilityof a nonprofit organization for damages caused by the negligent orwrongful act or omission of its volunteer and a volunteer's negligence orwrongful act or omission, when acting as a volunteer, shall be imputed tothe nonprofit organization for the purpose of apportioning liability fordamages to a third party pursuant to K.S.A. 60-258a and amendments thereto.
(e) The provisions of this act shall apply only to causes ofaction accruing on or after July 1, 1987.
History: L. 1987, ch. 215, § 1;L. 1988, ch. 223, § 1; April 28.
Article 36.--IMMUNITY FROM LIABILITY FOR VOLUNTEERS
60-3601.Immunity from liability for volunteers of certain nonprofitorganizations, limitations.(a) As used in this section:
(1) "Nonprofit organization" means those nonprofitorganizations exempt from federal income tax pursuant to section 501(c)of the Internal Revenue Code of 1986, as in effect on the effective date of this act.
(2) "Compensation" does not include actual and necessary expenses thatare incurred by a volunteer in connection with the services that thevolunteer performs for a nonprofit organization and that are reimbursedto the volunteer or otherwise paid.
(3) "Volunteer" means an officer, director, trustee or other person who performsservices for a nonprofit organization but does not receive compensation,either directly or indirectly, for those services.Volunteer does not include a person who delivers health care services topatients in a medical care facility as defined in K.S.A. 65-425 and amendments thereto.
(b) If a nonprofit organization carries general liability insurancecoverage, a volunteer of such organization shall not be liable for damagesin a civil action foracts or omissions as such volunteer unless: (1) Such conduct constituteswillful or wanton misconduct or intentionally tortious conduct; or (2) such volunteer isrequired to be insured by law or isotherwise insured against such acts or omissions but, in such case,liability shall be only to the extent of the insurance coverage.
(c) If a nonprofit organization carries general liability insurancecoverage, a volunteer of such organization shall not be liable for damagesin a civil action for theactions or omissions of any of the officers, directors, trustees, employeesor other volunteers of the nonprofit organization unless: (1) The volunteerauthorizes, approves, ratifies or otherwise actively participates in theaction or omission and the action or omission constitutes willful or wantonmisconduct orintentionally tortious conduct; or (2) such volunteer is required to be insured by law or is otherwise insured against suchacts or omissions but, in such case, liability shall be only to the extentof the insurance coverage.
(d) Nothing in this section shall be construed to affect the liabilityof a nonprofit organization for damages caused by the negligent orwrongful act or omission of its volunteer and a volunteer's negligence orwrongful act or omission, when acting as a volunteer, shall be imputed tothe nonprofit organization for the purpose of apportioning liability fordamages to a third party pursuant to K.S.A. 60-258a and amendments thereto.
(e) The provisions of this act shall apply only to causes ofaction accruing on or after July 1, 1987.
History: L. 1987, ch. 215, § 1;L. 1988, ch. 223, § 1; April 28.
