II
109th CONGRESS
1st Session
S. 1125
IN THE SENATE OF THE UNITED STATES
May 25, 2005
Mr. Santorum introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To reform liability for certain charitable contributions and services.
Short title
This Act may be cited as the
Expanding Charitable and Volunteer
Opportunities Act
.
Definitions
In this Act:
Aircraft
The term aircraft has the meaning provided that term in section 40102(6) of title 49, United States Code.
Business entity
The term business entity means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise.
Equipment
The term Equipment includes mechanical equipment, electronic equipment, and office equipment.
Facility
The term facility means any real property, including any building, improvement, or appurtenance.
Fire control or fire rescue equipment
The term fire control or fire rescue equipment includes any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.
Gross negligence
The term gross negligence means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person.
Intentional misconduct
The term intentional misconduct means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person.
Motor vehicle
The term motor vehicle has the meaning provided that term in section 30102(6) of title 49, United States Code.
Nonprofit organization
The term nonprofit organization means—
any organization 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
any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes.
Person
The term person includes any governmental or other entity.
Volunteer fire company
The term volunteer fire company means an association of individuals who provide fire protection and other emergency services, where at least 30 percent of the individuals receive little or no compensation compared with an entry level full-time paid individual in that association or in the nearest such association with an entry level full-time paid individual.
State
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.
Charitable donations liability reform for in-kind corporate contributions
In general
Liability of business entities that donate equipment to nonprofit organizations
In general
Subject to subsection (b), a business entity shall not be subject to civil liability relating to any injury or death that results from the use of equipment donated by such business entity to a nonprofit organization.
Application
This paragraph shall apply with respect to civil liability under Federal and State law.
Liability of business entities providing use of facilities to nonprofit organizations
In general
Subject to subsection (b), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization, if—
the use occurs outside of the scope of business of the business entity;
such injury or death occurs during a period that such facility is used by the nonprofit organization; and
the business entity authorized the use of such facility by the nonprofit organization.
Application
This paragraph shall apply—
with respect to civil liability under Federal and State law; and
regardless of whether a nonprofit organization pays for the use of a facility.
Liability of business entities providing use of a motor vehicle or aircraft
In general
Subject to subsection (b), a business entity shall not be subject to civil liability relating to any injury or death occurring as a result of the operation of an aircraft or a motor vehicle of the business entity loaned to a nonprofit organization for use outside of the scope of business of the business entity, if—
such injury or death occurs during a period that such motor vehicle or aircraft is used by a nonprofit organization; and
the business entity authorized the use by the nonprofit organization of motor vehicle or aircraft that resulted in the injury or death.
Application
This paragraph shall apply—
with respect to civil liability under Federal and State law; and
regardless of whether a nonprofit organization pays for the use of the aircraft or motor vehicle.
Exceptions
Subsection (a) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct.
Superseding provision
In general
Subject to paragraph (2) and subsection (d), this section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that this section shall not preempt any State law that provides additional protection for a business entity for an injury or death described in a paragraph of subsection (a) with respect to which the conditions specified in such paragraph apply.
Limitation
Nothing in this section shall be construed to supersede any Federal or State health or safety law.
Election of State regarding nonapplicability
A provision of this section shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute—
citing the authority of this section;
declaring the election of such State that such provision shall not apply to such civil action in the State; and
containing no other provisions.
Effective date
This section shall apply to liability for injury or death caused by equipment donated, facilities used, or aircraft or motor vehicles loaned on or after the date of the enactment of this Act.
Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies
Liability protection
A person who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable for civil damages under any State or Federal law for personal injuries, property damage or loss, or death caused by the equipment after the donation.
Exceptions
Subsection (a) does not apply to a person if—
the person’s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or
the person is the manufacturer of the fire control or fire rescue equipment.
Preemption
This section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that notwithstanding subsection (b) this section shall not preempt any State law that provides additional protection from liability for a person who donates fire control or fire rescue equipment to a volunteer fire company.
Effective date
This section shall apply to liability for injury, damage, loss, or death caused by fire control or fire rescue equipment donated on or after the date of the enactment of this Act.
Health centers under Public Health Service Act; liability protections for volunteer practitioners
Liability protection
Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended—
in subsection (g)(1)(A)—
in the first
sentence, by striking or employee
and inserting employee,
or (subject to subsection (k)(4)) volunteer practitioner
; and
in the second
sentence, by inserting and subsection (k)(4)
after
subject to paragraph (5)
; and
in each of
subsections (g), (i), (j), (k), (l), and (m), by striking employee, or
contractor
each place such term appears and inserting employee,
volunteer practitioner, or contractor
.
Applicability; definition
Section 224(k) of the Public Health Service Act (42 U.S.C. 233(k)) is amended by adding at the end the following paragraph:
Subsections (g) through (m) apply with respect to volunteer practitioners beginning with the first fiscal year for which an appropriations Act provides that amounts in the fund under paragraph (2) are available with respect to such practitioners.
For purposes of subsections (g) through (m), the term volunteer practitioner means a practitioner who, with respect to an entity described in subsection (g)(4), meets the following conditions:
The practitioner is a licensed physician or a licensed clinical psychologist.
At the request of such entity, the practitioner provides services to patients of the entity, at a site at which the entity operates or at a site designated by the entity. The weekly number of hours of services provided to the patients by the practitioner is not a factor with respect to meeting conditions under this subparagraph.
The practitioner does not for the provision of such services receive any compensation from such patients, from the entity, or from third-party payors (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program).
.
Effective date
The amendments made by this section shall take effect on the date of the enactment of this Act.