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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6362 May 15, 1986 BLOCK PARENT VOLUNTEERS: Immunity from liability while assisting minors when schools are not in regular session Immunity from civil damages as provided in MCL 691.1505; MSA 14.563(15), is available to a volunteer member of a nonprofit volunteer organization, which has as its primary function assisting minors in getting safely to and from school, while acting as a block parent assisting minor persons during days or months when schools are not in regular session. Honorable Lad S. Stacey State Representative The Capitol Lansing, Michigan You have requested my opinion on a question which can be phrased as: Whether MCL 691.1505; MSA 14.563(15), which relieves certain volunteers from civil liability under specific circumstances, extends immunity from civil liability to those volunteers during months that schools are not in regular session. MCL 691.1505; MSA 14.563(15), provides: '(1) A block parent volunteer who in good faith and while acting as a block parent volunteer renders assistance to a minor during an emergency shall not be liable for civil damages resulting from an act or omission in the rendering of that assistance, except an act or omission amounting to gross negligence or wilful and wanton misconduct. '(2) As used in this section: '(a) 'Block parent volunteer' means a person who is a member of a nonprofit volunteer organization which has as its primary function assisting minors in getting safely to and from school. '(b) 'Minor' means a person who is less than 18 years of age.' This office has been informed that there are a number of volunteer nonprofit organizations whose focus is the safety of children, such as the Community Child Watch Program, the Helping Hands Program, and Block Parent Volunteers. Many of these organizations carry out various other child safety functions in addition to helping children get to and from school safely and are in operation throughout the year. A basic principle of statutory construction is that the Legislature intended the meaning plainly expressed in legislation and there is no room for construction or interpretation to vary clearly expressed language. Mason County Civic Research Council v Mason County, 343 Mich 313, 331; 72 NW2d 292 (1955). MCL 691.1505; MSA 14.563(15), clearly defines which volunteers are covered by the Act. The person must be 'a member of a nonprofit volunteer organization.' The volunteer organization must have, 'as its primary function, assisting minors in getting safely to and from school.' If a person is a member of a nonprofit volunteer organization which meets this criterion, there is nothing in MCL 691.1505; MSA 14.563(15), which restricts the statutory immunity to only those days or months schools are in session. It is my opinion, therefore, that if a volunteer is a member of a nonprofit volunteer organization which has as its primary function assisting minors in getting safely to and from school, the immunity provided by MCL 691.1505; MSA 14.563(15), is available to such volunteer while assisting such minors during days or months that schools are not in regular session. Frank J. Kelley Attorney General
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