H. R To amend the Volunteer Organization Protection Act of 1997, to provide for liability protection for organizations or entities.

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1 I TH CONGRESS 1ST SESSION H. R. 0 To amend the Volunteer Organization Protection Act of 1, to provide for liability protection for organizations or entities. IN THE HOUSE OF REPRESENTATIVES MAY, 1 Mr. CHABOT (for himself, Mr. FRANKS of Arizona, Mr. FORBES, Mr. KING of Iowa, Mr. ROSKAM, Mr. PETERSON, Mr. MARINO, and Mr. KLINE) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Volunteer Organization Protection Act of 1, to provide for liability protection for organizations or entities. 1 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 Organization Protection Act of 1. SEC.. LIABILITY PROTECTION FOR ORGANIZATION OR emcdonald on DSKQTVN1PROD with BILLS 8 ENTITY. The Volunteer Protection Act of 1, Public Law 10 1, is amended as follows: VerDate Sep 1 0: May 1, 1 Jkt 00 PO Frm Fmt Sfmt 1 E:\BILLS\H0.IH H0

2 emcdonald on DSKQTVN1PROD with BILLS 1 (1) In section (a), by inserting after relating to volunteers the following: or volunteer nonprofit organizations. () In section (b), in the matter preceding paragraph (1), by inserting after against a volun- teer the following: or a volunteer nonprofit organi- zation. 8 () In section, in the heading, by inserting AND VOLUNTEER NONPROFIT ORGANIZA- TIONS after VOLUNTEERS. () In section, by amending subsection (c) to read as follows: (c) LIABILITY PROTECTION FOR ORGANIZATION OR ENTITY. (1) No volunteer nonprofit organization shall be liable for harm caused by an act or omission of a volunteer on behalf of the organization unless (A) the organization would be liable for the act or omission under generally applicable laws governing the direct or vicarious liability of organizations; and (B) the organization itself has expressly authorized the specific conduct constituting the act or omission. VerDate Sep 1 00: May 1, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\H0.IH H0

3 emcdonald on DSKQTVN1PROD with BILLS 1 () Notwithstanding section (c)(1), no volun- teer nonprofit organization shall be liable for harm caused by an act or omission of the organization or of a volunteer acting on behalf of the organization if (A) the organization or the volunteer en- gaged in the act or omission at the request of 8 or pursuant to an authorization by a state or the united states or any agency or subdivision 10 of either; and (B) either 1 (i) the requesting or authorizing gov- ernmental entity would have been immune 1 either from suit or from liability in dam- 1 ages if it had engaged in the acts or omis- 1 sions itself or through employees or inde- 1 pendent contractors; or (ii) the governmental employee, 1 agent, or contractor who engaged in the acts would have been immune either from suit or from liability in damages by virtue of immunity extended to individual govern- mental actors. () Except as provided in paragraphs (1) and (), nothing in this section shall be construed to af- VerDate Sep 1 0: May 1, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\H0.IH H0

4 emcdonald on DSKQTVN1PROD with BILLS 1 fect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person.. () In section (d), by striking paragraph () and redesignating paragraphs () and () as para- graphs () and (), respectively. () In section (e), in paragraph (1), by adding 8 the following after the period: Punitive damages may not be awarded against a volunteer nonprofit 10 organization in an action brought for harm based on the action of a volunteer acting within the scope of 1 the volunteer s responsibilities to the organization unless the claimant establishes by clear and con- 1 vincing evidence that the organization itself ex- 1 pressly authorized the volunteer s action and did so 1 with a conscious, flagrant indifference to the rights 1 or safety of the individual harmed.. () In section (f), by inserting or of a volun- 1 teer nonprofit organization after liability of a vol- unteer. (8) In section (A) in subsection (a) (i) by inserting or a volunteer non- profit organization after action against a volunteer ; and VerDate Sep 1 0: May 1, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\H0.IH H0

5 emcdonald on DSKQTVN1PROD with BILLS 1 (ii) by inserting or volunteer non- profit organization after liability of the volunteer ; and (B) in subsection (b) (i) in paragraph (1), by inserting or a volunteer nonprofit organization after who is a volunteer ; and 8 (ii) in paragraph (), by inserting or volunteer nonprofit organization after 10 who is a volunteer. () In section, by adding at the end the fol- 1 lowing: () VOLUNTEER NONPROFIT ORGANIZATION. An entity is a volunteer nonprofit organization if it is any one or more of the following: (A) A nonprofit organization that conducts substantially all of its activities solely through the actions of volunteers or of independent contractors. A nonprofit organization is conclusively presumed to be a volunteer nonprofit organization if the organization has no employees. (B) A nonprofit organization is presumed to be a volunteer nonprofit organization if the organization s primary office and the majority VerDate Sep 1 0: May 1, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\H0.IH H0

6 emcdonald on DSKQTVN1PROD with BILLS 1 of its employees function primarily to provide support to local affiliated organizations that do not have employees and who act in furtherance of the organization s nonprofit mission. This presumption can be rebutted only by a clear and convincing showing that the organization s board expressly authorized its employees to as- 8 sert active control over the local affiliated orga- nization with respect to the act or omission in 10 question. (C) A nonprofit organization that has 1 fewer than 0 employees, that has annual gross receipts of less than $0,000, and that is any 1 of the following: 1 (i) A public charity that is exempt 1 from taxation under section 01(c)() of 1 the internal revenue code. (ii) A private foundation that is ex- 1 empt from taxation under section 01(c)() of the internal revenue code but that does not qualify as a public charity. (iii) A social welfare organization that is exempt from taxation under section 01(c)() of the internal revenue code. VerDate Sep 1 0: May 1, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\H0.IH H0

7 (8) A volunteer nonprofit organization acts itself for purposes of this act only when the person or body who is authorized by the organization s governing documents to act in the name of and on behalf of the organization expressly acts in accordance with those documents. If the organization s governing documents do not identify the person or body who is authorized to act in the name of and on behalf of the organization, the organization acts itself for the purposes of this Act only when the person or body whose action is required under the applicable State law in order to bind the organization acts strictly in accordance with such State law.. Æ emcdonald on DSKQTVN1PROD with BILLS VerDate Sep 1 0: May 1, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

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