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Version 35 · Passed Senate amended · May 1, 1997
Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers in the performance of services for a nonprofit organization or governmental entity. Makes this Act inapplicable 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 declaring its election that this Act not apply. Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; (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; 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 owner to possess an operator's license or maintain insurance. Specifies conditions of State laws limiting volunteer liability which shall not be construed as inconsistent with this Act. Prohibits the award of punitive damages against a volunteer unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides that the volunteer liability limitations of this Act shall not apply to any misconduct: (1) that constitutes a crime of violence, an act of international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of civil rights law; or (3) where the defendant was under the influence of intoxicating alcohol or any drug. Makes each volunteer liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which that defendant is liable. Requires the trier of fact to determine such percentage of responsibility.
People & committees
Sen. Coverdell, Paul [R-GA] · R–GA
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Became Public Law No: 105-19.
Became Public Law No: 105-19.
Signed by President.
Signed by President.
Presented to President.
Presented to President.
Message on Senate action sent to the House.
Senate agreed to the House amendment to the Senate bill by Unanimous Consent. (consideration: CR S4918)
Resolving differences -- Senate actions: Senate agreed to the House amendment to the Senate bill by Unanimous Consent.(consideration: CR S4918)
Message on House action received in Senate and at desk: House amendment to Senate bill.
Motion to reconsider laid on the table Agreed to without objection.
A similar measure H.R. 911 was laid on the table without objection.
On passage Passed without objection.
Passed/agreed to in House: On passage Passed without objection.
The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 911. Agreed to without objection.
Considered by unanimous consent. (consideration: CR H3118-3120)
Mr. Inglis asked unanimous consent to discharge from committee and consider.
Committee on Judiciary discharged.
Committee on Judiciary discharged.
Referred to the House Committee on the Judiciary.
Received in the House.
Message on Senate action sent to the House.
Passed Senate with an amendment by Yea-Nay Vote. 99-1. Record Vote No: 55.
Senate roll call 55 · Individual votesPassed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 99-1. Record Vote No: 55.
Senate roll call 55 · Individual votesMeasure laid before Senate. (consideration: CR S3861-3867, S3870-3880)
Second cloture motion on the motion to proceed not invoked in Senate by Yea-Nay Vote. 55-44. Record Vote No: 53. (consideration: CR S3818)
Senate roll call 53 · Individual votesMotion to proceed to consideration of measure considered in Senate. (consideration: CR S3810-3819, S3824-3831, S3833-3836)
Forth cloture motion on the motion to proceed to consideration presented in Senate. (consideration: CR S3797)
Third cloture motion on the motion to proceed to consideration presented in Senate. (consideration: CR S3797)
Cloture on the motion to proceed to consideration not invoked in Senate by Yea-Nay Vote. 53-46. Record Vote No: 52. (consideration: CR S3782)
Senate roll call 52 · Individual votesMotion to proceed to consideration of measure considered in Senate. (consideration: CR S3763-3773, S3778-3797)
Second cloture motion on the motion to proceed presented in Senate. (consideration: CR S3748)
Motion to proceed to consideration of measure considered in Senate. (consideration: CR S3744-3748)
Motion to proceed to consideration of measure withdrawn in Senate.
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3738)
Cloture motion on the motion to proceed to consideration presented in Senate. (consideration: CR S3738-3739)
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 38.
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Introduced in Senate
Primary sources
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Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
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