Page:United States Statutes at Large Volume 111 Part 1.djvu/243

 PUBLIC LAW 105-19-^JUNE 18, 1997 111 STAT. 219 (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 socied service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit orgsmizations, 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. SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABDLITY. 42 USC 14502. (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. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) LIABILITY PROTECTION FOR VOLUNTEERS. —Except as provided in subsections (b) and (d), no volunteer of a nonprofit orgsinization 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 42 USC 14503.

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