S.544 - Volunteer Protection Act of 1997105th Congress (1997-1998)
|Sponsor:||Sen. Coverdell, Paul [R-GA] (Introduced 04/09/1997)|
|Committees:||Senate - Judiciary|
|Latest Action:||10/13/1998 Referred to Subcommittee on Oversight and Courts.|
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Summary: S.544 — 105th Congress (1997-1998)All Bill Information (Except Text)
Introduced in Senate (04/09/1997)
Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers, nonprofit organizations, or governmental entities.
Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) if appropriate or required, the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; and (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.
Prohibits the award of punitive damages against a volunteer, organization, or 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. Provides exceptions.
Makes each volunteer, organization, or entity liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which the defendant is liable. Requires the trier of fact to determine such percentage of responsibility.