[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4265 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4265

     To provide that when a company makes a charitable donation of 
equipment, the company is generally not liable for harm later caused by 
                that equipment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2004

    Mr. Green of Wisconsin introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To provide that when a company makes a charitable donation of 
equipment, the company is generally not liable for harm later caused by 
                that equipment, and for other purposes.

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

SECTION 1. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND CORPORATE 
              CONTRIBUTIONS.

    (a) Definitions.--For purposes of this section:
            (1) Aircraft.--The term ``aircraft'' has the meaning 
        provided that term in section 40102(6) of title 49, United 
        States Code.
            (2) Business entity.--The term ``business entity'' means a 
        firm, corporation, association, partnership, consortium, joint 
        venture, or other form of enterprise.
            (3) Equipment.--The term ``equipment'' includes mechanical 
        equipment, electronic equipment, and office equipment.
            (4) Facility.--The term ``facility'' means any real 
        property, including any building, improvement, or appurtenance.
            (5) Gross negligence.--The term ``gross negligence'' means 
        voluntary and conscious conduct by a person with knowledge (at 
        the time of the conduct) that the conduct is likely to be 
        harmful to the health or well-being of another person.
            (6) Intentional misconduct.--The term ``intentional 
        misconduct'' means conduct by a person with knowledge (at the 
        time of the conduct) that the conduct is harmful to the health 
        or well-being of another person.
            (7) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning provided that term in section 30102(6) of title 49, 
        United States Code.
            (8) Nonprofit organization.--The term ``nonprofit 
        organization'' means--
                    (A) any organization described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 and exempt from 
                tax under section 501(a) of such Code; or
                    (B) any not-for-profit organization organized and 
                conducted for public benefit and operated primarily for 
                charitable, civic, educational, religious, welfare, or 
                health purposes.
            (9) State.--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.
    (b) Liability.--
            (1) Liability of business entities that donate equipment to 
        nonprofit organizations.--
                    (A) In general.--Subject to subsection (c), a 
                business entity shall not be subject to civil liability 
                relating to any injury or death that results from the 
                use of equipment donated by a business entity to a 
                nonprofit organization.
                    (B) Application.--This paragraph shall apply with 
                respect to civil liability under Federal and State law.
            (2) Liability of business entities providing use of 
        facilities to nonprofit organizations.--
                    (A) In general.--Subject to subsection (c), a 
                business entity shall not be subject to civil liability 
                relating to any injury or death occurring at a facility 
                of the business entity in connection with a use of such 
                facility by a nonprofit organization, if--
                            (i) the use occurs outside of the scope of 
                        business of the business entity;
                            (ii) such injury or death occurs during a 
                        period that such facility is used by the 
                        nonprofit organization; and
                            (iii) the business entity authorized the 
                        use of such facility by the nonprofit 
                        organization.
                    (B) Application.--This paragraph shall apply--
                            (i) with respect to civil liability under 
                        Federal and State law; and
                            (ii) regardless of whether a nonprofit 
                        organization pays for the use of a facility.
            (3) Liability of business entities providing use of a motor 
        vehicle or aircraft.--
                    (A) In general.--Subject to subsection (c), a 
                business entity shall not be subject to civil liability 
                relating to any injury or death occurring as a result 
                of the operation of aircraft or a motor vehicle of a 
                business entity loaned to a nonprofit organization for 
                use outside of the scope of business of the business 
                entity, if--
                            (i) such injury or death occurs during a 
                        period that such motor vehicle or aircraft is 
                        used by a nonprofit organization; and
                            (ii) the business entity authorized the use 
                        by the nonprofit organization of motor vehicle 
                        or aircraft that resulted in the injury or 
                        death.
                    (B) Application.--This paragraph shall apply--
                            (i) with respect to civil liability under 
                        Federal and State law; and
                            (ii) regardless of whether a nonprofit 
                        organization pays for the use of the aircraft 
                        or motor vehicle.
    (c) Exceptions.--Subsection (b) shall not apply to an injury or 
death that results from an act or omission of a business entity that 
constitutes gross negligence or intentional misconduct.
    (d) Superseding Provision.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (e), this section preempts the laws of any State to the extent 
        that such laws are inconsistent with this section, except that 
        this section shall not preempt any State law that provides 
        additional protection for a business entity for an injury or 
        death described in a paragraph of subsection (b) with respect 
        to which the conditions specified in such paragraph apply.
            (2) Limitation.--Nothing in this section shall be construed 
        to supersede any Federal or State health or safety law.
    (e) Election of State Regarding Nonapplicability.--A provision of 
this section shall not apply to any civil action in a State court 
against a business entity in which all parties are citizens of the 
State if such State enacts a statute--
            (1) citing the authority of this section;
            (2) declaring the election of such State that such 
        provision shall not apply to such civil action in the State; 
        and
            (3) containing no other provisions.
    (f) Effective Date.--This section shall apply to injuries (and 
deaths resulting therefrom) occurring on or after the date of the 
enactment of this Act.
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