6-1605. LIMITATION ON LIABILITY OF VOLUNTEERS, OFFICERS AND DIRECTORS OF NONPROFIT CORPORATIONS AND ORGANIZATIONS AND TRUSTEES OF CHARITABLE TRUSTS. (1) In any nonprofit corporation or organization or charitable trust as defined in section 6-1601(6), Idaho Code, officers, directors, and volunteers who serve the nonprofit corporation or organization without compensation and trustees of the charitable trust who serve without compensation shall be personally immune from civil liability arising out of their conduct as an officer, director, trustee or volunteer, if such conduct is within the course and scope of the duties and functions of the individual officer, director, trustee or volunteer and at the direction of the corporation or organization or charitable trust. The provisions of this section shall not eliminate or limit, and no immunity is hereby granted for the liability of an officer, director, trustee or volunteer:

(a) For conduct which is willful, wanton, or which involves fraud or knowing violation of the law;

(b) To the extent of coverage for such conduct under a policy of liability insurance, whether the policy is purchased by the corporation or organization or charitable trust, the individual officer, director, trustee, volunteer or some third party;

(c) For any intentional breach of a fiduciary duty or duty of loyalty owed by the officer, director or volunteer to the corporation, organization or the members thereof, or owed by the trustee to the charitable trust or the members thereof;

(d) For acts or omissions not in good faith or which involve intentional misconduct, fraud or a knowing violation of law;

(e) For any transaction from which the officer, director, trustee or volunteer derived an improper personal benefit;

(f) For any violation of the provisions of section 30-3-82, Idaho Code; or

(g) For damages which result from the operation of a motor vehicle.

(2) Reimbursement of an officer, director or volunteer of a nonprofit corporation or organization or of a trustee of a charitable trust for costs and expenses actually incurred shall not be considered compensation.

(3) Nothing in this section shall be construed to supersede, abrogate, or limit any immunities or limitation of liability otherwise provided by law.

History:

[6-1605, added 1987, ch. 278, sec. 1, p. 576; am. 1990, ch. 105, sec. 2, p. 212; am. 2003, ch. 59, sec. 1, p. 205; am. 2008, ch. 83, sec. 2, p. 214.]