Any person who serves as a director, officer or trustee of a nonprofit organization qualified as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and who is not compensated for such services on a salary or prorated equivalent basis, shall be immune from civil liability for damage or injury occurring on or after October 1, 1987, resulting from any act, error or omission made in the exercise of such person's policy or decision-making responsibilities if such person was acting in good faith and within the scope of such person's official functions and duties, unless such damage or injury was caused by the reckless, wilful or wanton misconduct of such person.
(P.A. 86-338, S. 10; P.A. 87-227, S. 7; P.A. 88-364, S. 68, 123; P.A. 89-211, S. 50.)
History: P.A. 87-227 replaced provision granting immunity for “any act or omission resulting in damage or injury occurring on or after October 1, 1986” with immunity for “damage or injury occurring on or after October 1, 1987, resulting from any act, error or omission made in the exercise of such person's policy or decision-making responsibilities” and excluded damage or injury caused by “reckless” misconduct; P.A. 88-364 made technical change; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986.
Cited. 214 C. 1; 228 C. 375; 238 C. 653; Id., 687.
Section provides greater protections to director, officer or trustee of nonprofit organization than does federal Volunteer Protection Act of 1997 and so is not preempted by said act. 140 CA 40.