West Virginia Code § 55-7C-2

Definitions
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For purposes of this article, unless a different meaning plainly is required:
(1) "Managerial function" means the act or acts of a qualified director, whereby such
qualified director, through direction, regulation or administration, exercises government,
control, or superintendence of the affairs of a volunteer organization or entity. Managerial
functions shall include ministerial acts and acts involving the exercise of discretion and
judgment, but shall not include the physical or manual handling or use of tangible property,
including, but not limited to, motor vehicles, or the direct guidance or supervision of
persons. u
(2) "Nonprofit hospital" means a nonprofit organization, the principal purpose or function of
which is the providing of medical or hospital care, and includes general, tuberculosis, and
other types of hospitals, and related facilities, such as laboratories, outpatient departments,
nurses' home facilities, extended care facilities, facilities related to programs for home
health services, self-care units, and central servicel facilities, operated in connection with
hospitals, and also includes education or trainsing facilities for health professional personnel
operated as an integral part of a hospital and medical research organizations directly
engaged in the continuous active conduct of medical research in conjunction with a hospital,
but does not include any hospital furgnishing primarily domiciliary care.
(3) "Qualified director" means an individual who serves without compensation for personal
services as an officer, member or director of a board, commission, committee, agency or
other nonprofit organization which is a volunteer organization or entity. For purposes of this
article, "compensation" does not include reimbursement for expenses, incidental meals,
lodging or other accommodations, and does not include per diem compensation fixed by
statute.
(4) "Volunteer organization or entity" means:
(A) The state or any political subdivision or subdivisions thereof;
(B) Nonprofit corporations as defined in section six, article one, chapter thirty-one of this
code, and other nonprofit organizations, which such corporations or organizations provide or
promote:
(i) Religion;
(ii) Charity;
(iii) Music, art or other literary or cultural activities;
(iv) Benevolence;
(v) Child placement or child care;
(vi) Indigent or elderly care;
(vii) Education;
(viii) Scientific activity;
(ix) Community or economic development;
(x) Recreation;
(xi) Maintenance and repair of community owned real property or of real property
maintained by a homeowners' association;
(xii) Legal services for the indigent; t
(xiii) Conservation of natural resources or animal habitat; or
(xiv) Firefighting services and other public safety services.
(C) Any organization that acts as an advocate for its members and that has as its members
individuals or organizations that are:
(i) Members of a particular trade or industry; or
(ii) Members of the business community; or
(iii) Members of armed services veteran associations.
"Volunteer organizat ion or entity" shall not include a nonprofit hospital which maintains one
hundred fifty Vor more beds for hospitalization of the sick or injured.

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