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Legislation to address liability issues for MRC volunteers:

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005 

HOUSE BILL 1297

RATIFIED BILL 

AN ACT to provide qualified immunity from civil liability for any volunteer who serves in a medical reserve corps unit or on a community emergency response team while engaged in providing emergency services. 

The General Assembly of North Carolina enacts: 

SECTION 1.  G.S. 1-539.10 reads as rewritten:

"§ 1-539.10.  Immunity from civil liability for volunteers.

(a)       A volunteer who performs services for a charitable organization or a volunteer engaged in providing emergency services is not liable in civil damages for any acts or omissions resulting in any injury, death, or loss to person or property arising from the volunteer services rendered if:

(1)       The volunteer was acting in good faith and the services rendered were reasonable under the circumstances; and

(2)       The acts or omissions do not amount to gross negligence, wanton conduct, or intentional wrongdoing.

(3)       The acts or omissions did not occur while the volunteer was operating or responsible for the operation of a motor vehicle.

(b)       To the extent that any charitable organization or volunteer has liability insurance, that charitable organization or volunteer shall be deemed to have waived the qualified immunity herein to the extent of indemnification by insurance for the negligence by any volunteer.

(c)       Nothing herein shall be construed to alter the standard of care requirement or liability of persons rendering professional services."

SECTION 2.  G.S. 1-539.11 reads as rewritten:

"§ 1-539.11.  Definitions.

As used in this Article:

(1)       "Charitable Organization" means an organization that has humane and philanthropic objectives, whose activities benefit humanity or a significant rather than limited segment of the community without expectation of pecuniary profit or reward and is exempt from taxation under either G.S. 105-130.11(a)(3) or G.S. 105-130.11(a)(5) or Section 501(c)(3) of the Internal Revenue Code of 1954.

(1a)     "Emergency services" means the preparation for and the carrying out of functions to prevent, minimize, and repair injury and damage resulting from natural or man‑made disasters and all other activities necessary or incidental to the preparation for and carrying out of these functions. These functions include firefighting services, police services, medical and health services, rescue services, engineering services, land surveying services, warning services and communications, radiological, chemical and other special weapons defense services, evacuation of persons from stricken areas, emergency welfare services, including providing emergency shelter, emergency transportation, and emergency resource management services, existing or properly assigned plant protection services, temporary restoration of public utility services, services performed as a function of a Medical Reserve Corps (MRC) unit or a Community Emergency Response Team (CERT), and other functions related to civilian protection, including the administration of approved State and federal disaster recovery and assistance programs.

(2)       "Volunteer" means an individual, serving as a direct service volunteer performing services for a charitable, nonprofit organization, who does not receive compensation, or anything of value in lieu of compensation, for the services, other than reimbursement for expenses actually incurred. incurred or any person providing emergency services without any financial gain."

SECTION 3.  This act becomes effective October 1, 2005, and applies to causes of action that arise on or after that date.

In the General Assembly read three times and ratified this the 1^st day of August, 2005.