To repeal section 537.118, RSMo 1994, relating to civil liability of volunteers, and to enact in lieu thereof one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 537.118, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 537.118, to read as follows:

537.118. 1. As used in this section, the following terms mean:

(1) ["Nonprofit organization", an entity which operates under the standards of section 501(c) of the Internal Revenue Code of 1986 as amended;] "Organization", any corporation, partnership, nonprofit organization, limited liability company, proprietorship, or fraternal or religious group;

(2) "Prorated equivalent basis", any other basis for compensation except that used to compensate for expenses actually incurred; [and]

(3) "Special transportation", free transportation provided to persons age sixty or over or to persons who are handicapped or disabled and who are receiving social security disability benefits; and

[(3)] (4) "Volunteer", an individual performing services for [a nonprofit organization or a governmental entity] any organization or governmental entity who is not compensated for his services on a salary or prorated equivalent basis. The term shall not include those covered by section 537.117.

2. Any volunteer [of a nonprofit organization or governmental entity] shall be immune from personal liability for any act or omission resulting in damage or injury to any person intended to receive benefit from such volunteer's service if:

(1) The volunteer acted in good faith and within the scope of his services [official functions and duties with the organization or entity]; and

(2) The damage or injury was not caused by the intentional or malicious conduct or by the negligence of such volunteer.

3. Notwithstanding the provisions of subsection 2 of this section, any volunteer who is providing special transportation by motor vehicle shall be immune from liability for damages to passengers which exceed the limits of the liability coverage carried by the volunteer if:

(1) The minimum financial responsibility requirements of section 303.025, RSMo, have been met;

(2) The volunteer acted in good faith and within the scope of his services; and

(3) The damage or injury was not caused by the intentional or malicious conduct or by the negligence of such volunteer.

[3.] 4. Nothing in this section shall be construed to create or abolish an immunity in favor of [a nonprofit organization or a governmental entity] any organization or governmental entity.

[4.] 5. The provisions of this section shall apply to all causes of action accruing after August 28, [1989] 1996.