[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3369 Reported in House (RH)]
108th CONGRESS
2d Session
H. R. 3369
[Report No. 108-681]
To provide immunity for nonprofit athletic organizations in lawsuits
arising from claims of ordinary negligence relating to the passage or
adoption of rules for athletic competitions and practices.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 21, 2003
Mr. Souder (for himself, Mr. Wynn, Mr. Osborne, Mr. Hastings of
Washington, Mr. Keller, and Mrs. Musgrave) introduced the following
bill; which was referred to the Committee on the Judiciary
September 13, 2004
Additional sponsors: Mr. Ramstad, Mr. Rehberg, Mr. Wamp, Mr. Smith of
Texas, Mr. Bradley of New Hampshire, Mr. Norwood, Mr. Burton of
Indiana, Mr. Carter, Mr. Chabot, Mr. Pence, Mr. Hostettler, and Mr.
Cantor
September 13, 2004
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To provide immunity for nonprofit athletic organizations in lawsuits
arising from claims of ordinary negligence relating to the passage or
adoption of rules for athletic competitions and practices.
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 ``Nonprofit Athletic Organization
Protection Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic loss.--The term ``noneconomic loss'' means
any loss resulting from physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code; or
(B) any not-for-profit organization which is
organized and conducted for public benefit and operated
primarily for charitable, civic, educational,
religious, welfare, or health purposes.
(5) Nonprofit athletic organization.--The term ``nonprofit
athletic organization'' means a nonprofit organization that has
as one of its primary functions the adoption of rules for
sanctioned or approved athletic competitions and practices. The
term includes the employees, agents, and volunteers of such
organization, provided such individuals are acting within the
scope of their duties with the nonprofit athletic organization.
(6) State.--The term ``State'' includes the District of
Columbia, and any commonwealth, territory, or possession of the
United States.
SEC. 3. LIMITATION ON LIABILITY FOR NONPROFIT ATHLETIC ORGANIZATIONS.
(a) Liability Protection for Nonprofit Athletic Organizations.--
Except as provided in subsections (b) and (c), a nonprofit athletic
organization shall not be liable for harm caused by an act or omission
of the nonprofit athletic organization in the adoption of rules for
sanctioned or approved athletic competitions or practices if--
(1) the nonprofit athletic organization was acting within
the scope of the organization's duties at the time of the
adoption of the rules at issue;
(2) the nonprofit athletic organization was, if required,
properly licensed, certified, or authorized by the appropriate
authorities for the competition or practice in the State in
which the harm occurred or where the competition or practice
was undertaken; and
(3) the harm was not caused by willful or criminal
misconduct, gross negligence, or reckless misconduct on the
part of the nonprofit athletic organization.
(b) Responsibility of Employees, Agents, and Volunteers to
Nonprofit Athletic Organizations.--Nothing in this section shall be
construed to affect any civil action brought by any nonprofit athletic
organization against any employee, agent, or volunteer of such
organization.
(c) Exceptions to Nonprofit Athletic Organization Liability
Protection.--If the laws of a State limit nonprofit athletic
organization liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a nonprofit athletic
organization to adhere to risk management procedures, including
mandatory training of its employees, agents, or volunteers.
(2) A State law that makes the nonprofit athletic
organization liable for the acts or omissions of its employees,
agents, and volunteers to the same extent as an employer is
liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
SEC. 4. 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 the rule-making activities of nonprofit athletic
organizations.
SEC. 5. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on the date of
enactment of this Act.
(b) Application.--This Act applies to any claim for harm caused by
an act or omission of a nonprofit athletic organization that is filed
on or after the effective date of this Act but only if the harm that is
the subject of the claim or the conduct that caused the harm occurred
on or after such effective date.
Union Calendar No. 420
108th CONGRESS
2d Session
H. R. 3369
[Report No. 108-681]
_______________________________________________________________________
A BILL
To provide immunity for nonprofit athletic organizations in lawsuits
arising from claims of ordinary negligence relating to the passage or
adoption of rules for athletic competitions and practices.
_______________________________________________________________________
September 13, 2004
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed