Volunteer Protection Act

AYSO Section 5 Area D

Volunteer Protection Act of 1997

This is the text of Public Law 105-19; the Volunteer Protection Act

of 1997 as signed into law by President Clinton on June 18,

1997:

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday, the seventh

day of January, one thousand nine hundred and ninety-seven
One Hundred Fifth Congress of the United States of America
An Act

To provide certain protections to volunteers, nonprofit organizations, and

governmental entities in lawsuits based on the activities of volunteers.

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 1997'.

SECTION 2. FINDINGS AND PURPOSE.

(a) FINDINGS- The Congress finds and declares that--

(1) the willingness of volunteers to offer their services is deterred by the potential

for liability actions against them;

(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;

(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;

(5) services and goods provided by volunteers and nonprofit organizations

would often otherwise be provided by private entities that operate in interstate

commerce;

(6) due to high liability costs and unwarranted litigation costs, volunteers and

nonprofit organizations face higher costs in purchasing insurance, through

interstate insurance markets, to cover their activities; and

(7) clarifying and limiting the liability risk assumed by volunteers is an appropriate

subject for Federal legislation because--

(A) of the national scope of the problems created by the legitimate fears of

volunteers about frivolous, arbitrary, or capricious lawsuits;

(B) the citizens of the United States depend on, and the Federal Government

expends funds on, and provides tax exemptions and other consideration to,

numerous social programs that depend on the services of volunteers;

(C) it is in the interest of the Federal Government to encourage the continued

operation of volunteer service organizations and contributions of volunteers

because the Federal Government lacks the capacity to carry out all of the services

provided by such organizations and volunteers; and

(D)(i) liability reform for volunteers, will promote the free flow of goods and

services, lessen burdens on interstate commerce and uphold constitutionally

protected due process rights; and (ii) therefore, liability reform is an appropriate

use of the powers contained in article 1, section 8, clause 3 of the United States

Constitution, and the fourteenth amendment to the United States Constitution.

(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 certain protections from liability

abuses related to volunteers serving nonprofit organizations and governmental

entities.

SECTION 3. PREEMPTION AND ELECTION OF STATE

NONAPPLICABILITY.

(a) 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

volunteers or to any category of volunteers in the performance of services for a

nonprofit organization or governmental entity.

(b) ELECTION OF STATE REGARDING NONAPPLICABILITY- This Act shall

not apply to any civil action in a State court against a volunteer in which all

parties are citizens of the State if such State enacts a statute in accordance with

State requirements for enacting legislation--

(1) citing the authority of this subsection;

(2) declaring the election of such State that this Act shall not apply, as of a date

certain, to such civil action in the State; and

(3) containing no other provisions.

SECTION 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 the volunteer's 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

in which the harm occurred, where the activities were or practice was undertaken

within the scope of the volunteer's responsibilities in the nonprofit organization

or governmental entity;

(3) the harm was not caused by willful or criminal misconduct, gross negligence,

reckless misconduct, or a conscious, flagrant indifference to the rights or safety of

the individual harmed by the volunteer; and

(4) the harm was not caused by the volunteer operating a motor vehicle, vessel,

aircraft, or other vehicle for which the State requires the operator or the owner of

the vehicle, craft, or vessel to--

(A) possess an operator's license; or

(B) maintain insurance.

(b) CONCERNING RESPONSIBILITY OF VOLUNTEERS TO

ORGANIZATIONS AND ENTITIES- 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 OR ENTITY- 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 section:

(1) A State law that requires a nonprofit organization or governmental 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 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.

(4) A State law that makes a limitation of liability applicable 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 organization or entity will be able to pay for losses up to

a specified amount. Separate standards for different types of liability exposure

may be specified.

(e) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS OF

VOLUNTEERS-

(1) GENERAL RULE- Punitive damages may not be awarded against a volunteer

in an action brought for harm based on the action of a volunteer acting within the

scope of the volunteer's responsibilities to a nonprofit organization or

governmental entity unless the claimant establishes by clear and convincing

evidence that the harm was proximately caused by an action of such volunteer

which constitutes willful or criminal misconduct, or a conscious, flagrant

indifference to the rights or safety of the individual harmed.

(2) CONSTRUCTION- Paragraph (1) does not create a cause of action for

punitive damages and does not preempt or supersede any Federal or State law to

the extent that such law would further limit the award of punitive damages.

(f) EXCEPTIONS TO LIMITATIONS ON LIABILITY-

(1) IN GENERAL- The limitations on the liability of a volunteer under this Act

shall not apply to any misconduct that--

(A) constitutes a crime of violence (as that term is defined in section 16 of title 18,

United States Code) or act of international terrorism (as that term is defined in

section 2331 of title 18) for which the defendant has been convicted in any court;

(B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act

(28 U.S.C. 534 note));

(C) involves a sexual offense, as defined by applicable State law, for which the

defendant has been convicted in any court;

(D) involves misconduct for which the defendant has been found to have

violated a Federal or State civil rights law; or

(E) where the defendant was under the influence (as determined pursuant to

applicable State law) of intoxicating alcohol or any drug at the time of the

misconduct.

(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to

effect subsection (a)(3) or (e).

SECTION 5. LIABILITY FOR NONECONOMIC LOSS.

(a) GENERAL RULE- In any civil action against a volunteer, based on an action

of a volunteer acting within the scope of the volunteer's responsibilities to a

nonprofit organization or governmental entity, the liability of the volunteer for

noneconomic loss shall be determined in accordance with subsection (b).

(b) AMOUNT OF LIABILITY-

(1) IN GENERAL- Each defendant who is a volunteer, shall be liable only for the

amount of noneconomic loss allocated to that defendant in direct proportion to

the percentage of responsibility of that defendant (determined in accordance with

paragraph (2)) for the harm to the claimant with respect to which that defendant

is liable. The court shall render a separate judgment against each defendant in an

amount determined pursuant to the preceding sentence.

(2) PERCENTAGE OF RESPONSIBILITY- For purposes of determining the

amount of noneconomic loss allocated to a defendant who is a volunteer under

this section, the trier of fact shall determine the percentage of responsibility of

that defendant for the claimant's harm.

SECTION 6. DEFINITIONS.

For purposes of 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 LOSSES- 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) 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

and which does not practice any action which constitutes a hate crime referred to

in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C.

534 note); 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 and which does not practice any action which constitutes a

hate crime referred to in subsection (b)(1) of the first section of the Hate Crime

Statistics Act (28 U.S.C. 534 note).

(5) 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.

(6) VOLUNTEER- The term `volunteer' means an individual performing services

for a nonprofit organization or a governmental entity who does not receive--

(A) compensation (other than reasonable reimbursement or allowance for

expenses actually incurred); or

(B) any other thing of value in lieu of compensation, in excess of $500 per year,

and such term includes a volunteer serving as a director, officer, trustee, or direct

service volunteer.

SECTION 7. EFFECTIVE DATE.

(a) IN GENERAL- This Act shall take effect 90 days after 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 volunteer where that claim 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 such harm occurred after such effective date.

Failure happens all the time. It happens every day in practice. What makes you better is how you react to it.
- Mia Hamm