S 543 in Congressional Session 105

Official Summary

 

Bill Number : S 543

 

Title : A bill to provide certain protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers.

 

SUMMARY AS OF:
5/21/1997--Passed House amended.    (There are 2 other summaries) 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 in the performance of services for a nonprofit organization or governmental entity. Makes this Act inapplicable 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 declaring its election that this Act not apply. 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) the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; (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; 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 owner to possess an operator's license or maintain insurance. Specifies conditions of State laws limiting volunteer liability which shall not be construed as inconsistent with this Act. Prohibits the award of punitive damages against a volunteer 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 that the volunteer liability limitations of this Act shall not apply to any misconduct: (1) that constitutes a crime of violence, an act of international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of civil rights law; or (3) where the defendant was under the influence of intoxicating alcohol or any drug. Makes each volunteer 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 that defendant is liable. Requires the trier of fact to determine such percentage of responsibility.

Votes

Title : A bill to provide certain protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers.
Votes in the US Senate
Roll NumberVote DateQuestionDescriptionVote Result
551997-05-01On Passage of the Bills. 543 as amended; Volunteer Protection Act of 1997Passed
531997-04-30On the Cloture Motioncloture motion on the motion to proceed to s.543; Volunteer Protection Act of 1997Rejected
521997-04-29On the Cloture MotionMotion to invoke cloture on the motion to proceed to S. 543; Volunteer Protection Act of 1997Rejected
Votes in the US House
This Bill was not Voted in the US House

Sponsors

 
Congressional Sponsors of S 543
 
Bill Number : S 543
Title : A bill to provide certain protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers.
Sponsor: Sen Coverdell, Paul [GA] (introduced 4/9/1997)      
ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Sen Abraham, Spencer [MI] - 4/9/1997

    Sen Ashcroft, John [MO] - 4/9/1997

    Sen Enzi, Michael B. [WY] - 4/28/1997

    Sen Gramm, Phil [TX] - 4/16/1997

    Sen Gregg, Judd [NH] - 4/28/1997

    Sen Hutchinson, Tim [AR] - 4/22/1997

    Sen Kyl, Jon [AZ] - 4/22/1997

    Sen McConnell, Mitch [KY] - 4/9/1997

    Sen Santorum, Rick [PA] - 4/9/1997

    Sen Sessions, Jeff [AL] - 4/28/1997

Other Info

Bill Number : S 543
Title : A bill to provide certain protections to volunteers, nonprofit organizations, and governmental entities in lawsuits based on the activities of volunteers.
 
 
ALL ACTIONS:
(Floor Actions/Congressional Record Page References)
 
4/9/1997:Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
 
4/10/1997:Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 38.
 
4/25/1997:Cloture motion on the motion to proceed to consideration presented in Senate. (consideration: CR S3738-3739)
 
4/25/1997:Motion to proceed to consideration of measure made in Senate. (consideration: CR S3738)
 
4/25/1997:Motion to proceed to consideration of measure withdrawn in Senate.
 
4/28/1997:Motion to proceed to consideration of measure considered in Senate. (consideration: CR S3744-3748)
 
4/28/1997:Second cloture motion on the motion to proceed presented in Senate. (consideration: CR S3748)
 
4/29/1997:Motion to proceed to consideration of measure considered in Senate. (consideration: CR S3763-3773, S3778-3797)
 
4/29/1997:Cloture on the motion to proceed to consideration not invoked in Senate by Yea-Nay Vote. 53-46. Record Vote No: 52. (consideration: CR S3782)
 
4/29/1997:Third cloture motion on the motion to proceed to consideration presented in Senate. (consideration: CR S3797)
 
4/29/1997:Forth cloture motion on the motion to proceed to consideration presented in Senate. (consideration: CR S3797)
 
4/30/1997:Motion to proceed to consideration of measure considered in Senate. (consideration: CR S3810-3819, S3824-3831, S3833-3836)
 
4/30/1997:Second cloture motion on the motion to proceed not invoked in Senate by Yea-Nay Vote. 55-44. Record Vote No: 53. (consideration: CR S3818)
 
5/1/1997:Measure laid before Senate. (consideration: CR S3861-3867, S3870-3880)
 
5/1/1997:Passed Senate with an amendment by Yea-Nay Vote. 99-1. Record Vote No: 55.
 
5/2/1997:Message on Senate action sent to the House.
 
5/5/1997 2:16pm:Received in the House.
 
5/5/1997:Referred to the House Committee on the Judiciary.
 
5/21/1997 3:26pm:Committee on Judiciary discharged.
 
5/21/1997 3:26pm:Mr. Inglis asked unanimous consent to discharge from committee and consider.
 
5/21/1997 3:26pm:Considered by unanimous consent. (consideration: CR H3118-3120)
 
5/21/1997 3:26pm:The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 911. Agreed to without objection.
 
5/21/1997 3:27pm:On passage Passed without objection.
 
5/21/1997 3:27pm:Motion to reconsider laid on the table Agreed to without objection.
 
5/21/1997 3:27pm:A similar measure H.R. 911 was laid on the table without objection.
 
5/21/1997:Message on House action received in Senate and at desk: House amendment to Senate bill.
 
5/21/1997:Senate agreed to the House amendment to the Senate bill by Unanimous Consent. (consideration: CR S4918)
 
5/21/1997:Cleared for White House.
 
5/22/1997:Message on Senate action sent to the House.
 
6/12/1997:Presented to President.
 
6/18/1997:Signed by President.
 
6/18/1997:Became Public Law No: 105-19.