[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2903 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2903

 To provide immunity for nonprofit athletic organizations in lawsuits 
 arising from claims of ordinary negligence relating to the passage or 
       adoption of rules for athletic competitions and practices.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2004

   Mr. Lugar introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide immunity for nonprofit athletic organizations in lawsuits 
 arising from claims of ordinary negligence relating to the passage or 
       adoption of rules for athletic competitions and practices.

    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 ``Nonprofit Athletic Organization 
Protection Act of 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Amateur Sports and education-based athletics are an 
        important part of our culture. Sports provide a tremendous 
        opportunity for the youth of America to learn the skills of 
        leadership, teamwork, and discipline. Studies have shown that 
        participation in these activities is directly connected to 
        academic achievement and overall social development.
            (2) Amateur athletics are integral to the good health and 
        overall well-being of American society. Nonprofit organizations 
        put forward their best efforts to enact rules that are in the 
        best interests of young people. Injuries will occur as a result 
        of the inherent risks involved in sports. These risks, however, 
        should not work to the detriment of the greater good served by 
        amateur athletics.
            (3) Young people who participate in school sports and other 
        amateur competition have lower levels of obesity.
            (4) Young people who participate in sports tend to be 
        fitter adults, and suffer fewer health problems as they age.
            (5) Playing rules in amateur sports are necessary to 
        provide the opportunity for young people to participate in age- 
        and skill level-appropriate competition.
            (6) Sport involves intense physical activity. It also 
        involves a certain element of danger. Rules making is 
        anticipatory, and it involves tradeoffs and balancing acts. 
        Rules makers must draw unambiguous lines; they do not have the 
        luxury of self-protective vagueness. Given the large number of 
        participants and the risks inherent in sport, injuries cannot 
        be avoided. By deciding to partake in competition, athletes 
        assume such risks. Allowing lawsuits based merely on the good 
        faith development of the rules is wrong and unfair.
            (7) Rules makers have been the target of an increasing 
        number of lawsuits claiming negligence due to the adoption, or 
        failure to adopt, particular rules for amateur sports.
            (8) Repeatedly defending claims will have a detrimental 
        impact on the ability of rules makers to continue to provide 
        these services, and will discourage the best and brightest 
        coaches, officials, and administrators from serving on rules 
        committees.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Economic loss.--The term ``economic loss'' means any 
        pecuniary loss resulting from harm (including the loss of 
        earnings or other benefits related to employment, medical 
        expense loss, replacement services loss, loss due to death, 
        burial costs, and loss of business or employment opportunities) 
        to the extent recovery for such loss is allowed under 
        applicable State law.
            (2) Harm.--The term ``harm'' includes physical, 
        nonphysical, economic, and noneconomic losses.
            (3) Noneconomic loss.--The term ``noneconomic loss'' means 
        any loss resulting from 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) Nonprofit organization.--The term ``nonprofit 
        organization'' means--
                    (A) any organization which is 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 which is 
                organized and conducted for public benefit and operated 
                primarily for charitable, civic, educational, 
                religious, welfare, or health purposes.
            (5) Nonprofit athletic organization.--The term ``nonprofit 
        athletic organization'' means a nonprofit organization that has 
        as one of its primary functions the adoption of rules for 
        sanctioned or approved athletic competitions and practices. The 
        term includes the employees, agents, and volunteers of such 
        organization, provided such individuals are acting within the 
        scope of their duties with the nonprofit athletic organization.
            (6) State.--The term ``State'' includes the District of 
        Columbia, and any commonwealth, territory, or possession of the 
        United States.

SEC. 4. LIMITATION ON LIABILITY FOR NONPROFIT ATHLETIC ORGANIZATIONS.

    (a) Liability Protection for Nonprofit Athletic Organizations.--
Except as provided in subsections (b) and (c), a nonprofit athletic 
organization shall not be liable for harm caused by an act or omission 
of the nonprofit athletic organization in the adoption of rules for 
sanctioned or approved athletic competitions or practices if--
            (1) the nonprofit athletic organization was acting within 
        the scope of the organization's duties at the time of the 
        adoption of the rules at issue;
            (2) the nonprofit athletic organization was, if required, 
        properly licensed, certified, or authorized by the appropriate 
        authorities for the competition or practice in the State in 
        which the harm occurred or where the competition or practice 
        was undertaken; and
            (3) the harm was not caused by willful or criminal 
        misconduct, gross negligence, or reckless misconduct on the 
        part of the nonprofit athletic organization.
    (b) Responsibility of Employees, Agents, and Volunteers to 
Nonprofit Athletic Organizations.--Nothing in this section shall be 
construed to affect any civil action brought by any nonprofit athletic 
organization against any employee, agent, or volunteer of such 
organization.
    (c) Exceptions to Nonprofit Athletic Organization Liability 
Protection.--If the laws of a State limit nonprofit athletic 
organization liability subject to one or more of the following 
conditions, such conditions shall not be construed as inconsistent with 
this section:
            (1) A State law that requires a nonprofit athletic 
        organization to adhere to risk management procedures, including 
        mandatory training of its employees, agents, or volunteers.
            (2) A State law that makes the nonprofit athletic 
        organization liable for the acts or omissions of its employees, 
        agents, and volunteers to the same extent as an employer is 
        liable for the acts or omissions of its employees.
            (3) A State law that makes a limitation of liability 
        inapplicable if the civil action was brought by an officer of a 
        State or local government pursuant to State or local law.
    (d) Nonapplicability to Certain Claims.--The limitation on 
liability provided by subsection (a) does not apply to an action or 
claim arising out of a Federal, State, or local antitrust, labor, 
environmental, defamation, tortious interference of contract law, or 
civil rights law, or any other Federal, State, or local law providing 
protection from discrimination.

SEC. 5. 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 protection from 
liability relating to the rule-making activities of nonprofit athletic 
organizations.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect on the date of 
enactment of this Act.
    (b) Application.--This Act applies to any claim for harm caused by 
an act or omission of a nonprofit athletic organization that is filed 
on or after the effective date of this Act but only if the harm that is 
the subject of the claim or the conduct that caused the harm occurred 
on or after such effective date.
                                 <all>