April 22, 2010, Introduced by Reps. Denby, Meekhof, Wayne Schmidt, Lund, Marleau, Haines, Knollenberg, Green, Meltzer, Walsh, Robert Jones and Huckleberry and referred to the Committee on Judiciary.
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 disable individual without the assistance.
(b) "Nonprofit organization" means an organization that is
exempt from taxation under 26 USC 501.
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 senior
citizen or disabled individual is not liable for any act or
omission by the individual that results in personal injury or
property damage 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.