1.
This Act may be cited as the
Nonprofit Athletic Organization
Protection Act of 2005
.
2.
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. Rule making is
anticipatory, and hence a difficult balancing act. Rules committee members face
a constant struggle to balance the tradeoffs of limiting risk and preserving
the key elements and sound traditions of the sport. 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. Additionally,
some children may lose the opportunity to participate in organized sports if
higher insurance premiums compel amateur athletic organizations to raise
fees.
3.
In this Act:
(1)
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)
The term harm
includes physical, nonphysical, economic, and noneconomic losses.
(3)
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)
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)
The term State
includes the District of Columbia, and any commonwealth, territory, or
possession of the United States.
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 of play 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.
5.
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.
6.
(a)
This Act shall take effect on
the date of enactment of this Act.
(b)
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.