187.33 Limited liability of volunteers.
(1) Definition. In this section, “volunteer" means an individual, other than an employee of the incorporated Roman Catholic church, who provides services to or on behalf of the incorporated Roman Catholic church without compensation.
(2) Immunity. Except as provided in sub. (3), a volunteer is not liable to any person for damages, settlements, fees, fines, penalties or other monetary liabilities arising from any act or omission as a volunteer, unless the person asserting liability proves that the act or omission constitutes any of the following:
(a) A violation of criminal law, unless the volunteer had reasonable cause to believe his or her conduct was lawful or no reasonable cause to believe his or her conduct was unlawful.
(b) Willful misconduct.
(c) If the volunteer is a director or officer of the incorporated Roman Catholic church, an act or omission within the scope of the volunteer's duties as a director or officer.
(e) An act or omission for which the volunteer received compensation or anything of substantial value in lieu of compensation.
(3) Exceptions.
(a) Except as provided in par. (b), this section does not apply to any of the following:
1. A civil or criminal proceeding brought by or on behalf of any governmental unit, authority or agency.
2. A proceeding brought by any person for a violation of state or federal law where the proceeding is brought pursuant to an express private right of action created by state or federal statute.
3. Claims arising from the negligent operation of an automobile, truck, train, airplane or other vehicle by a volunteer.
4. A proceeding against a volunteer who is licensed, certified, permitted or registered under state law and which is based upon an act or omission within the scope of practice under the volunteer's license, certificate, permit or registration.
5. Proceedings based upon a cause of action for which the volunteer is immune from liability under s. 146.31 (2) and (3), 146.37, 895.475, 895.48, 895.4802, 895.4803, 895.482, 895.51, or 895.52.
(b) Paragraph (a) 1. and 2. does not apply to a proceeding brought by or on behalf of a governmental unit, authority or agency in its capacity as a contractor.
History: 1989 a. 306; 1991 a. 318; 1993 a. 213; 2005 a. 155.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 187 - Religious societies.
187.02 - Existing societies confirmed; may reorganize.
187.03 - Failure to elect trustees.
187.05 - Organizations other than churches.
187.06 - May take title to property.
187.07 - Title to vest in trustees.
187.08 - Devolution of property of defunct societies.
187.09 - Existing organizations legalized.
187.10 - Congregational church.
187.11 - Property of Church of Christ or Christian Church.
187.13 - Missionary corporations.
187.14 - Consolidation of church corporations or congregations.
187.17 - Eastern Orthodox Church.
187.19 - Roman Catholic church.
187.20 - Indemnification by incorporated Roman Catholic church; definitions.
187.21 - Indemnification of directors and officers.
187.22 - Determination of voluntary indemnification.
187.23 - Allowance of expenses as incurred.
187.24 - Authority to limit indemnification.
187.25 - Additional rights to indemnification and allowance of expenses.
187.26 - Court-ordered indemnification.
187.27 - Indemnification and allowance of expenses of employees and agents.
187.30 - Definitions applicable to liability-related provisions.
187.31 - Reliance by directors or officers.
187.32 - Limited liability of directors and officers.
187.33 - Limited liability of volunteers.
187.41 - Reliance by directors or officers.
187.42 - Limited liability of directors and officers.