00CS FOR SENATE BILL NO. 184(L&C)                                                                                         
01 "An Act relating to civil liability of certain nonprofit corporations and of                                            
02 volunteers of certain nonprofit corporations; and providing for an effective date."                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                   
05  Sec. 09.65.098.  CIVIL LIABILITY OF CERTAIN VOLUNTEERS AND                                                            
06 CORPORATIONS.  (a)  A person working as a volunteer for a nonprofit corporation                                         
07 is not liable for civil damages resulting from an act or omission that occurs while the                                 
08 person is acting in good faith and within the scope of the person's functions and duties                                
09 as a volunteer for the nonprofit corporation if the nonprofit corporation is insured as                                 
10 required under (b) of this section or is exempt from the insurance requirement under                                    
11 (b) of this section.                                                                                                    
12  (b)  Immunity provided under (a) of this section does not apply unless the                                            
13 nonprofit corporation purchases and maintains a policy of liability insurance with a                                    
14 limit of coverage of at least $200,000 per individual claim and $500,000 for all claims                                 

01 arising from the same occurrence.  This subsection does not apply to a nonprofit                                        
02 corporation that had administrative operating costs of less than $100,000 in the                                        
03 previous calendar year and that is exempt from taxation under 26 U.S.C. 501(c)(3)                                       
04 (Internal Revenue Code of 1954).                                                                                        
05  (c)  In an action against a nonprofit corporation to recover damages resulting                                        
06 from an act or omission of a volunteer of the nonprofit corporation, if the nonprofit                                   
07 corporation is insured as described under (b) of this section, the court or jury may not                                
08 award damages in an amount that exceeds the limit of coverage under the nonprofit                                       
09 corporation's policy of liability insurance.  This subsection does not apply to a                                       
10 nonprofit corporation that is not insured as described under (b) of this section.                                       
11  (d)  This section does not preclude liability for civil damages as a result of                                        
12 gross negligence, recklessness, or intentional misconduct.                                                              
13  (e)  Except as provided under (c) of this section, this section does not affect the                                   
14 liability of a nonprofit corporation.                                                                                   
15  (f)  In this section,                                                                                                 
16   (1)  "administrative operating costs" do not include money awarded as                                                
17 a grant;                                                                                                                
18   (2)  "nonprofit corporation" means a corporation                                                                     
19   (A)  incorporated under AS 10.20; or                                                                                
20   (B)  exempt from taxation under 26 U.S.C. 501(c)(3) (Internal                                                       
21 Revenue Code of 1954);                                                                                                  
22   (3)  "volunteer" means a person who does not receive financial                                                       
23 consideration, except for reimbursement for expenses actually incurred, for services                                    
24 performed for a nonprofit corporation.                                                                                  
25    * Sec. 2.  This Act applies to civil actions that accrue on or after the effective date of this                      
26 Act.                                                                                                                    
27    * Sec. 3.  This Act takes effect July 1, 1994.