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Session Laws

1989

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CHAPTER 443 AN ACT LIMITING THE LIABILITY OF OFFICERS OF CERTAIN NONPROFIT CEMETERIES.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 114 of the General Laws is hereby amended by inserting after section 1, as appearing in the 1988 Official Edition, the following section:-

Section 1A. No person who serves as director, officer or trustee of a nonprofit cemetery qualified as a tax exempt organization under Section 501(c) of the Internal Revenue Code and who is not compensated for such services shall be liable for any act or omission resulting in damages or injury to another if such person was acting in good faith and within the scope of his official functions or duties unless said damage was caused by an act or omission intentionally designed to harm or by any gross negligent act or omission which results in harm to the person.

Nothing in this section shall be construed as affecting or modifying the liability of any person subject to this section for any cause of action arising out of such person's operation of a motor vehicle.

SECTION 2. The provisions of section one of this act shall apply to any act or omission occurring on or after the effective date of this act.

Approved October 23, 1989.