Bill Text: MI SB0230 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Torts; liability; liability of volunteer drivers of seniors, disabled, and low-income individuals; provide immunity. Creates new act.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2011-03-03 - Referred To Committee On Health Policy [SB0230 Detail]

Download: Michigan-2011-SB0230-Introduced.html

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SENATE BILL No. 230

 

 

March 3, 2011, Introduced by Senators MARLEAU, ROBERTSON, KOWALL, EMMONS, JONES, HUNE, PAPPAGEORGE and SCHUITMAKER and referred to the Committee on Health Policy.

 

 

 

     A bill to provide immunity from liability for personal injury

 

and property damage to individuals providing driving services

 

without compensation to certain individuals.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"volunteer driver's protection act".

 

     Sec. 2. As used in this act:

 

     (a) "Compensation" does not include any of the following:

 

     (i) Reimbursement for actual expenses.

 

     (ii) A stipend under the domestic volunteer service act of

 

1973, Public Law 93-113.

 

     (iii) Financial assistance, valued at less than two-thirds of

 

the federal hourly minimum wage standard, if the individual would

 

not be financially able to operate the vehicle for the senior

 

citizen or disabled individual without the assistance.

 

     (b) "Low-income level" means an income that is at or below the

 

poverty guidelines published annually in the federal register by

 

the United States department of health and human services under its

 

authority to revise the poverty line under 42 USC 9902.

 

     (c) "Nonprofit organization" means an organization that is

 

exempt from taxation under 26 USC 501.

 

     (d) "Person with a disability" means an individual with a

 

physical or mental disability that causes the person to have a

 

functional limitation in 1 or more of the following:

 

     (i) Ambulation.

 

     (ii) Self-care.

 

     (iii) Communication.

 

     (iv) Transportation.

 

     (v) Education.

 

     (vi) Socialization.

 

     (vii) Employment.

 

     (e) "Senior citizen" means an individual 65 years of age or

 

older.

 

     Sec. 3. (1) An individual acting for a nonprofit organization,

 

including an officer or director of the organization, who operates

 

a motor vehicle without compensation for the benefit of a passenger

 

who is a senior citizen, is a person with a disability, or has a

 

low-income level is not liable for any act or omission by the

 

individual that results in personal injury to the passenger or

 

damage to the passenger's property if both of the following apply:

 

     (a) At the time of the act or omission, the individual was

 

acting in good faith within the scope of his or her duties related

 

to the operation of the motor vehicle.

 

     (b) The injury or damage was not caused by willful or wanton

 

misconduct on the part of the individual.

 

     (2) The protection from liability provided by subsection (1)

 

does not affect any liability of the nonprofit organization for

 

which the individual was acting.