[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2903 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2903
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 SENATE OF THE UNITED STATES
October 6, 2004
Mr. Lugar introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Amateur Sports and education-based athletics are an
important part of our culture. Sports provide a tremendous
opportunity for the youth of America to learn the skills of
leadership, teamwork, and discipline. Studies have shown that
participation in these activities is directly connected to
academic achievement and overall social development.
(2) Amateur athletics are integral to the good health and
overall well-being of American society. Nonprofit organizations
put forward their best efforts to enact rules that are in the
best interests of young people. Injuries will occur as a result
of the inherent risks involved in sports. These risks, however,
should not work to the detriment of the greater good served by
amateur athletics.
(3) Young people who participate in school sports and other
amateur competition have lower levels of obesity.
(4) Young people who participate in sports tend to be
fitter adults, and suffer fewer health problems as they age.
(5) Playing rules in amateur sports are necessary to
provide the opportunity for young people to participate in age-
and skill level-appropriate competition.
(6) Sport involves intense physical activity. It also
involves a certain element of danger. Rules making is
anticipatory, and it involves tradeoffs and balancing acts.
Rules makers must draw unambiguous lines; they do not have the
luxury of self-protective vagueness. Given the large number of
participants and the risks inherent in sport, injuries cannot
be avoided. By deciding to partake in competition, athletes
assume such risks. Allowing lawsuits based merely on the good
faith development of the rules is wrong and unfair.
(7) Rules makers have been the target of an increasing
number of lawsuits claiming negligence due to the adoption, or
failure to adopt, particular rules for amateur sports.
(8) Repeatedly defending claims will have a detrimental
impact on the ability of rules makers to continue to provide
these services, and will discourage the best and brightest
coaches, officials, and administrators from serving on rules
committees.
SEC. 3. 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. 4. 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.
(d) Nonapplicability to Certain Claims.--The limitation on
liability provided by subsection (a) does not apply to an action or
claim arising out of a Federal, State, or local antitrust, labor,
environmental, defamation, tortious interference of contract law, or
civil rights law, or any other Federal, State, or local law providing
protection from discrimination.
SEC. 5. 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. 6. 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.
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