(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 VOLUNTEERS—Except as provided in subsections (b) and (d), no FOR 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 in the volunteer’s responsibilities 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 in the nonprofit organization or volunteer’s responsibilities 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 or operator’s license; (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) 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 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:
7-VOLUNTEER-PROTECTION-ACT-OF-1997.docx