[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1435 Introduced in Senate (IS)]

  1st Session
                                S. 1435

    To grant immunity from personal civil liability, under certain 
      circumstances, to volunteers working on behalf of nonprofit 
                organizations and governmental entities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 1995

  Mr. McConnell (for himself and Mr. Warner) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
    To grant immunity from personal civil liability, under certain 
      circumstances, to volunteers working on behalf of nonprofit 
                organizations and governmental entities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Volunteer Protection Act of 1995''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds and declares that--
            (1) the willingness of volunteers to offer their services 
        is deterred by potential for liability actions against them and 
        the organizations they serve;
            (2) as a result, many nonprofit public and private 
        organizations and governmental entities, including voluntary 
        associations, social service agencies, educational 
        institutions, and other civic programs, have been adversely 
        affected by the withdrawal of volunteers from boards of 
        directors and service in other capacities;
            (3) the contribution of these programs to their communities 
        is thereby diminished, resulting in fewer and higher cost 
        programs than would be obtainable if volunteers were 
        participating; and
            (4) because Federal funds are expended on useful and cost-
        effective social service programs, many of which are national 
        in scope, depend heavily on volunteer participation, and 
        represent some of the most successful public-private 
        partnerships, protection of volunteerism through clarification 
        and limitation of the personal liability risks assumed by the 
        volunteer in connection with such participation is an 
        appropriate subject for Federal legislation.
    (b) Purpose.--The purpose of this Act is to promote the interests 
of social service program beneficiaries and taxpayers and to sustain 
the availability of programs, nonprofit organizations, and governmental 
entities that depend on volunteer contributions by reforming the laws 
to provide protection from personal financial liability to volunteers 
serving nonprofit organizations and governmental entities for actions 
undertaken in good faith on behalf of such organizations.

SEC. 3. PREEMPTION.

    This Act preempts the laws of any State to the extent that such 
laws are inconsistent with this Act, except that this Act shall not 
preempt any State law that provides additional incentives or 
protections to volunteers, or category of volunteers.

SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS.

    (a) Liability Protection for Volunteers.--Except as provided in 
subsections (b) and (d), no volunteer of a nonprofit organization or 
governmental entity shall be liable for harm caused by an act or 
omission of the volunteer on behalf of the organization or entity if--
            (1) the volunteer was acting within the scope of his or her 
        responsibilities in the nonprofit organization or governmental 
        entity at the time of the act or omission;
            (2) if appropriate or required, the volunteer was properly 
        licensed, certified, or authorized by the appropriate 
        authorities for the activities or practice in the State 
        undertaken within the scope of his or her responsibilities in 
        the nonprofit organization or governmental entity; and
            (3) the harm was not caused by willful and wanton 
        misconduct by the volunteer.
    (b) Concerning Responsibility of Volunteers With Respect to 
Organizations.--Nothing in this section shall be construed to affect 
any civil action brought by any nonprofit organization or any 
governmental entity against any volunteer of such organization or 
entity.
    (c) No Effect on Liability of Organization.--Nothing in this 
section shall be construed to affect the liability of any nonprofit 
organization or governmental entity with respect to harm caused to any 
person.
    (d) Exceptions to Volunteer Liability Protection.--If the laws of a 
State limit volunteer liability subject to one or more of the following 
conditions, such conditions shall not be construed as inconsistent with 
this Act:
            (1) A State law that requires the organization or entity to 
        adhere to risk management procedures, including mandatory 
        training of volunteers.
            (2) A State law that makes the organization or entity 
        liable for the acts or omissions of its volunteers to the same 
        extent as an employer is liable for the acts or omissions of 
        its employees.
            (3) A State law that the limitation of liability does not 
        apply if the volunteer was operating a motor vehicle, vessel, 
        aircraft, or other vehicle for which the State requires the 
        operator or vehicle owner to possess an operator's license or 
        to maintain insurance.
            (4) A State law that the limitation of liability does not 
        apply if the civil action was brought by an officer of a State 
        or local government pursuant to State or local law.
            (5) A State law that the limitation of liability shall 
        apply only if the nonprofit organization or governmental entity 
        provides a financially secure source of recovery for 
        individuals who suffer harm as a result of actions taken by a 
        volunteer on behalf of the organization or entity. A 
        financially secure source of recovery may be an insurance 
        policy within specified limits, comparable coverage from a risk 
        pooling mechanism, equivalent assets, or alternative 
        arrangements that satisfy the State that the entity will be 
        able to pay for losses up to a specified amount. Separate 
        standards for different types of liability exposure may be 
        specified.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``economic losses'' means objectively 
        verifiable monetary losses, including past and future medical 
        expenses, loss of past and future earnings, cost of obtaining 
        replacement services in the home (including child care, 
        transportation, food preparation, and household care), cost of 
        making reasonable accommodations to a personal residence, loss 
        of employment, and loss of business or employment 
        opportunities;
            (2) the term ``harm'' includes physical, nonphysical, 
        economic, and noneconomic losses;
            (3) the term ``noneconomic losses'' means losses for 
        physical and emotional pain, suffering, inconvenience, physical 
        impairment, mental anguish, disfigurement, loss of enjoyment of 
        life, loss of society and companionship, loss of consortium 
        (other than loss of domestic service), hedonic damages, injury 
        to reputation and all other nonpecuniary losses of any kind or 
        nature;
            (4) the term ``nonprofit organization'' means any 
        organization described in section 501(c) of the Internal 
        Revenue Code of 1986 and exempt from tax under section 501(a) 
        of such Code;
            (5) the term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Northern Mariana 
        Islands, any other territory or possession of the United 
        States, or any political subdivision of any such State, 
        territory, or possession; and
            (6) the term ``volunteer'' means an individual performing 
        services for a nonprofit organization or a governmental entity 
        who does not receive--
                    (A) compensation (other than reimbursement or 
                allowance for expenses actually incurred); or
                    (B) any other thing of value in lieu of 
                compensation,
        in excess of $300 per year, and such term includes a volunteer 
        serving as a director, officer, trustee, or direct service 
        volunteer.

SEC. 6. EFFECTIVE DATE.

    This Act applies to any claim for harm caused by an act or omission 
of a volunteer filed on or after the date of enactment of this Act, 
without regard to whether the harm that is the subject of the claim or 
the conduct that caused the harm occurred before such date of 
enactment.
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