美国志愿服务法(全英文版)

美国志愿服务法
VOLUNTEER PROTECTION ACT OF 1997
Public Law 105-19; The V olunteer Protection Act of 1997, as signed into law by President
Clinton on June 18, 1997.One Hundred Fifth Congress of the United States of America.
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the seventh
day of January, one thousand nine hundred and ninety-seven.
An Act
To provide certain protections to volunteers, nonprofit organizations, and governmental
entities in lawsuits based on the activities of volunteers. 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 `V olunteer Protection Act of 1997'.
SECTION 2. FINDINGS AND PURPOSE.
(a) FINDINGS- The Congress finds and declares that--
(1) the willingness of volunteers to offer their services is deterred by the potential for liability actions against them;
(2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities;
(3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating;
(4) because Federal funds are expended on useful and cost-effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation;
(5) services and goods provided by volunteers and nonprofit organizations would often otherwise be provided by private entities that operate in interstate commerce;
(6) due to high liability costs and unwarranted litigation costs, volunteers and nonprofit organizations face higher costs in purchasing insurance, through interstate insurance markets, to cover their activities; and
(7) clarifying and limiting the liability risk assumed by volunteers is an appropriate subject for Federal legislation because--
(A) of the national scope of the problems created by the legitimate fears of volunteers about frivolous, arbitrary, or capricious lawsuits;
(B) the citizens of the United States depend on, and the Federal Government expends funds on, and provides tax exemptions and other consideration to, numerous social programs that depend on the services of volunteers;
(C) it is in the interest of the Federal Government to encourage the continued operation of volunteer service organizations and contributions of volunteers because the Federal Government lacks the capacity to carry out all of the services provided by such organizations and volunteers; and
(D)(i) liability reform for volunteers, will promote the free flow of goods and services, lessen burdens
on interstate commerce and uphold constitutionally protected due process rights; and (ii) therefore, liability reform is an appropriate use of the powers contained in article 1, section 8, clause 3 of the United States Constitution, and the fourteenth amendment to the United States Constitution.
(b) PURPOSE- The purpose of this Act is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide certain protections from liability abuses related to volunteers serving nonprofit organizations and governmental entities.
SECTION 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) 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 volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity.
(b) ELECTION OF STATE REGARDING NONAPPLICABILITY- This Act shall not apply 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 in accordance with State requirements for enacting legislation--
(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.
SECTION 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:
(1) A State law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers.
(2) A State law that makes the organization or entity liable for the acts or omissions of its 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.
(4) A State law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the organization or entity will be able to pay for losses up to a specified amount.
Separate standards for different types of liability exposure may be specified.
(e) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS OF VOLUNTEERS-
(1) GENERAL RULE- Punitive damages may not be awarded against a volunteer in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer's responsibilities to a nonprofit organization or governmental entity 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.
(2) CONSTRUCTION- Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages.
(f) EXCEPTIONS TO LIMITA TIONS ON LIABILITY-
(1) IN GENERAL- The limitations on the liability of a volunteer under this Act shall not apply to any misconduct that--
(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court;
(B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note));
(C) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court;
(D) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or
(E) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.
(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to effect subsection
(a)(3) or (e).
SECTION 5. LIABILITY FOR NONECONOMIC LOSS.
(a) GENERAL RULE- In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer's responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss shall be determined in accordance with subsection (b).
(b) AMOUNT OF LIABILITY-
(1) IN GENERAL- Each defendant who is a volunteer, shall be liable only for the amount of
noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence.
(2) PERCENTAGE OF RESPONSIBILITY- For purposes of determining the amount of noneconomic loss allocated to a defendant who is a volunteer under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant's harm.
SECTION 6. DEFINITIONS.
For purposes of 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 LOSSES- The term `noneconomic losses' means losses for 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 and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); 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 and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note).
(5) 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 Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.
(6) VOLUNTEER- The term `volunteer' means an individual performing services for a nonprofit organization or a governmental entity who does not receive--
(A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or
(B) any other thing of value in lieu of compensation, in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.
SECTION 7. EFFECTIVE DA TE.
(a) IN GENERAL- This Act shall take effect 90 days after 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 volunteer where that claim 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 such harm occurred after such effective date.
公法105-19; 1997年志愿者保护法“，由总统签署成为法律
1997.One百美利坚合众国的第五次代表大会于6月18日，克林顿。

在第一届会议
开始，上周二在华盛顿市举行，第七
一天，一月，一千九百九十七名。

一项法令
志愿者，非营利组织和政府提供一定的保护
根据志愿者活动诉讼的实体。

无论是由参议院通过
和美利坚合众国的代表在国会众议院组装，
第1节。

的简称。

`1997年志愿者保护法“，该法可引。

第2节。

结果和目的。

（一）调查结果，美国国会认为，并宣布-
（1）愿意提供服务的志愿者望而却步的潜在责任对他们的行动;
（2）作为一个结果，很多非营利性的公营及私营机构和政府实体，包括志愿团体，社会服务机构，教育机构，和其他公民的方案，已造成不利影响退出董事会的志愿者和其他服务能力; （3）这些方案的贡献，他们的社区，从而减少，导致较少和成本较高的方案，比索取，如果志愿者参加;
（4），因为联邦基金支出对社会有用的和符合成本效益的服务计划，其中许多是国家范围内，在很大程度上依赖志愿者参与和代表的一些最成功的公私合作伙伴关系，通过澄清和保护志愿服务限制是由志愿者承担个人责任的风险，在这种参与联邦立法的一个适当的主题;
（5）志愿者和非营利组织提供的服务和货物往往会否则将在州际贸易的私营实体;
（6）由于高负债成本和不必要的诉讼费用，志愿者和非营利组织在购买保险时面临更高的成本，通过州际保险市场，以弥补他们的活动;
（7）澄清和限制由志愿者承担的责任风险，是一项联邦法律，因为适当的主题-
（一）全国范围内的志愿者约轻浮，任意或反复无常的诉讼合法的恐惧所造成的问题;
（二）美国公民的依赖，联邦政府消费资金，并提供免税和其他考虑，许多依赖志愿者服务的社会福利计划;
（三）它是在联邦政府的利益，鼓励志愿服务组织和志愿者的捐款继续运作，因为联邦政府没有能力开展所有这些组织和志愿者提供的服务;
（四）（一）志愿者责任的改革，将促进商品和服务的自由流动，减轻负担州际贸易和维护宪法所保障的正当程序权利;及（ii）因此，法律责任改革是一个包含权力的适当使用第1条，第8，美国宪法第3条，美国宪法第十四修正案。

（二）目的该法的目的是为了促进社会服务计划的受益者和纳税人的利益和维持方案，非营利组织和志愿人员的贡献取决于政府改革提供一定的保护，从法律实体的可用性有关义工服务的非营利组织和政府实体的责任的滥用。

第3节。

抢占和，国有NONAPPLICABILITY选举。

（一）之优先该法优先于任何国家的法律，这些法律与本法不一致的程度，但该法不得抢占任何国家的法律，提供额外保护的法律责任有关的志愿者或任何类别的志愿者一个非营利性组织或政府机构的服务表现。

（二）选举关于NONAPPLICABILITY此法状态，不得适用于任何一国法院对志愿者在各方的国家的公民的民事行为，如国家颁布按照国家立法规定的章程-
（1）援引本款的权威;
（2）宣告该法不适用于该国的选举日期一定，如在该国的民事诉讼;
（3）不包含其他规定。

第4节。

关于志愿者的责任限制。

（一）责任保护志愿者除提供第（二）及（d），没有志愿者的非营利组织或政府实体应代表该
组织对志愿者的行为或遗漏导致的损害承担责任，或实体，如果-
（1）志愿者在非营利组织或政府实体的行为或遗漏时，志愿者的职责范围内行事;
（2）如果合适或所需，志愿者是正确的许可，认证，或在该国的活动或实践中发生的伤害，在那里活动的人或实践，志愿者的范围内进行有关当局授权在非营利组织或政府机构的责任; （3）的危害没有造成故意或犯罪的不当行为，严重疏忽，鲁莽的不当行为，或有意识地，公然漠视志愿者损害个人的权利或安全;
（4）损害是不是由经营机动车辆，船只，航空器，国家要求经营者或车主，工艺，或船只或其他车辆的志愿者-
（一）具有经营执照;
（b）维持保险。

（二）有关的组织和实体没有在本节志愿者的责任，不得解释为影响任何非营利组织或任何政府实体反对任何这样的组织或实体的志愿者所带来的任何民事诉讼。

（三）组织或实体在本节中无责任没有任何影响，应解释为影响方面伤害到任何人造成任何非营利组织或政府机构的责任。

（四）例外，志愿者责任的保护，如果国家限制志愿者的责任主体，以一个或多个下列条件的法律，这种情况下，不得被视为违反本条解释：
（1）一国的法律，需要一个非盈利性组织或政府实体，坚持以风险管理程序，包括强制性的志愿者培训。

（2）一国的法律，使组织或实体的行为或遗漏的志愿者到相同的程度作为一个雇主承担责任，是其雇员的行为或遗漏承担责任。

（3）一国的法律，如果是由一个国家或当地政府按照国家或地方法律人员所带来的民事行为的责任不适用的限制。

（4）一个国家的法律，使责任限制仅适用于非营利组织或政府实体提供了一个恢复那些遭受伤害所采取的行动所代表的组织或实体的志愿者为个人财务安全。

财务安全的恢复源可能是从指定的范围内，按可比口径汇集机制，相当于资产，或另作安排，满足国家，组织或实体将能够支付损失达指定金额的风险保险。

可以指定单独的标准为不同类型的责任风险。

（五）基于作者行动的志愿者，惩罚性损害赔偿的限制
（1）一般规律的惩罚性赔偿不得授予对损害带来基于1志愿者的职责范围内行事1非营利组织或政府实体志愿者行动1行动，除非索赔人明确和建立对志愿者令人信服的证据，等志愿者行动，构成故意或犯罪行为不当，或有意识地，公然损害个人的权利或安全的冷漠造成的危害是近因。

（2）建设（1）款不建立惩罚性赔偿的行动的原因，并没有抢占或取代任何联邦或州法律的程度，这样的法律将进一步限制惩罚性赔偿的裁决。

（六）限制的例外责任，
（1）一般根据该法对志愿者的责任限制不适用于任何不当行为-
（一）构成的暴力犯罪（这个词是在标题18，“美国法典”第16条所界定）或国际恐怖主义行为（这个词是在标题18第2331定义）被告已被定罪在任何法庭;
（二）构成仇恨犯罪（这个词是在仇恨犯罪统计法“（28 USC 534注））;
（三）涉及性罪行，所适用的国家法律规定，被告已在任何法庭定罪;
（四）涉及不当行为，而被告已发现有违反联邦或州的公民权利的法律;
（e）如被告不当行为时醉人的酒精或药物的影响下（如根据适用的国家法律确定）。

（2）本款的建设没有规律，应解释为效果（a）款（3）或（e）。

第5节。

非经济损失的法律责任。

（一）一般规则在任何对基于1志愿者的职责范围内行事1非营利组织或政府实体志愿者的诉讼1志愿者，民间的行动，“非经济损失志愿者的责任应被确定按照（b）款。

（二）责任限额
（1）一般每名被告是一个志愿者，应当承担责任的唯一的非经济损失的数额分配给被告，被告的责任比例成正比（在按照第（2）确定）伤害索赔被告是责任。

人民法院应当根据上一句金额单独针对每名被告人的判决。

（2）责任比例确定非经济损失的数额分配给被告，谁是志愿者根据本条的目的，其实特里尔应确定索赔的损害的，被告的责任比例。

第6节。

定义。

对于该法案的目的：
（1）经济损失一词的经济损失“是指任何金钱损失，损害（包括盈利或与就业有关的其他利益的损失，医疗费用损失，更换服务的损失，造成的损失死亡，埋葬费用，损失根据适用的国家法律允许企业或就业机会）对这种损失的程度恢复。

（2）危害长期的'伤害'包括物理，非物质的，经济和非经济损失。

（3）非经济损失的长期`身体和精神上的痛苦，痛苦，不便，肢体障碍，精神痛苦，毁容，享受生活的损失，社会损失和陪伴，财团的损失（除非经济损失的手段亏损家政服务的亏损），享乐损害，声誉和所有其他非金钱损失的任何种类或性质的伤害。

（4）非营利组织的长期`非营利组织“是指-
（一）这样的代码和描述在1986年国内税收法典第501（c）（3）和501条获豁免缴税的组织（一）不从事任何行动称为构成仇恨犯罪在仇恨犯罪统计法“（28 USC 534注）的第一部分第（二）（1）;
（二）任何不以营利为目的的机构，组织和进行公共利益，并为慈善团体，公民教育，宗教，社会福利，或健康的目的和主要经营不构成仇恨犯罪中提到的任何行动实践（b）款（1）第一部分的仇恨犯罪统计法“（28 USC 534注）。

（5）国家长期的'国家'是指几个国家，哥伦比亚特区，波多黎各联邦，维尔京群岛，关岛，北马里亚纳群岛，美属萨摩亚，任何其他地区或美国拥有国家或任何国家，领土，或拥有任何政治细分。

（6）志愿者长期'志愿者'是指非营利组织或政府实体，谁没有收到个人表演服务-
（一）补偿（比实际支付的费用合理报销或津贴除外）;
（B）任何其他东西代替补偿价值，包括担任董事，高级职员，受托人，或直接服务的志愿者超过每年500美元，和这些长期志愿者。

第7条。

生效日期。

（一）一般情况下，该法应采取本法颁布之日起90天之后生效。

（b）应用该法适用于这种说法是该法的生效日期或之后提出的一个志愿者的行为或遗漏导致的任何损害索赔，但只有当的危害，这是索赔的主题或行为，造成这种损害发生后的生效日期。

维基百科介绍
Introduction
People who volunteer to assist nonprofit organizations or government agencies or programs[2] run the risk that their actions, while well-intentioned, may cause harm to another. If those actions are deemed negligent, the volunteer may face civil liability for damages caused by the negligent conduct.[3]
For instance, suppose a volunteer—Vicki V olunteer, let us say—loves dogs and works for free in her local animal shelter, a community nonprofit organization. Unfortunately, Vicki unintentionally but negligently fails to properly secure a dog cage, resulting in the escape of a dangerous stray dog which then bites and seriously injures a child. A lawsuit is filed against both the shelter[4] (which has only a small amount of insurance[5] and no real assets) and Vicki (who is rich and has plenty of free time to
volunteer).
Potential damages arising from such an incident can obviously be large, and the risks of such liabilities may inhibit volunteerism.[6] The VPA was motivated by such concerns.
[edit] General
The Act generally eliminates[7] the liability of an individual volunteer for damage caused by his or her simple or ordinary negligence, so long as the individual was acting within the scope of his or her responsibility to the eligible organization[8] and was not grossly negligent or intentionally trying to cause harm.[9] The Act provides protection to the individual volunteer only; it does not immunize or otherwise limit or affect the liability of the nonprofit organization or government entity itself.[10] However, as explained below in more detail, the Act's protection for volunteers does not extend to damage caused by acts involving motor vehicles, crimes of violence, hate crimes, sexual offenses, violations of Civil Rights, or misconduct involving intoxication or drugs.
The volunteer's protection under the VPA is not an absolute immunity, but rather a qualified immunity against liability for certain tort claims. In particular, the Act only provides immunity against claims that the volunteer caused harm by his or her "simple" or "ordinary" negligence. Claims that the injury was caused by gross negligence, or by willful or criminal misconduct, or by a conscious and flagrant indifference to the victim's rights or safety, are not within the scope of the protection afforded to volunteers by the Act.
In some interesting provisions that evoke cooperative federalism, the Act allows a state to impose conditions upon a volunteer's immunity under the Act. Specifically, a state might by legislation require that, as a condition of a volunteer's immunity under the Act, the nonprofit must provide a "financially secure source of recovery" for potential victims who are harmed by the nonprofit's volunteers. In such a state, only an adequately insured nonprofit would be able to offer the Act's immunities to its volunteers.[11]
The VPA's exclusions of liability should be distinguished from the doctrine of charitable immunity, which provides an exclusion in some circumstances to charitable organizations, rather than specifically to the individual actors.[12]
The Act's exclusions are related to, but still different from, the limitations provided under Good Samaritan laws, which are often available to individuals acting in medical emergencies and acting on their own[13] rather than on behalf of any organization.
[edit] Detailed analysis of the Act
The Act[14]contains five sections, numbered as 14501 through 14505. The first section (14501) defines the nature and purpose of the Act, and then the remaining four sections set out the legal parameters which define the scope and effect of the Act. A section by section review follows. [edit] Section 14501
The Congress makes its findings in subsection (a) of section 14501, basically determining that the Act is needed to promote volunteerism[15]and that "liability reform" under the VPA is an appropriate exercise of its powers under both Constitution's Commerce Clause[16]and the Fourteenth Amendment.[17]
In subsection (b) the Congress stated its purpose was to promote and sustain social service programs, and the associated nonprofit organizations and governmental entities that depend on volunteers, by reforming the tort laws to prevent liability abuses against such volunteers.
[edit] Section 14502
[edit] Subsection (a): federal preemption
This subsection expressly preempts and nullifies any state[18] tort laws, "to the extent that such laws are inconsistent with [the VPA]."
To illustrate, under the general tort law of a state, a person who negligently and proximately causes harm to another[19] is liable in damages for the amount of the damage caused.[20] However, under the Act, this state law is completely displaced or preempted by the federal VPA immunities, and the volunteer avoids legal liability if he or she fits within the scope of the Act's protections.[21] However, if a state law provides additional protection to volunteers,[22] then the state law continues to operate and is not preempted. In short, the federal VPA protections for volunteers can be expanded, but not contracted, by the state law.[23]
[edit] Subsection (b): state opt-out
The Act is in many ways an exercise in cooperative federalism. It establishes, on the one hand, a national rule with preemptive force, and on the other hand allows the states to override the national rule by express legislative decision. This state-federal cooperation is evident in subsection (b), which allows a state to opt-out—entirely and without reservation, and without any necessity of passing its own state volunteer act—from the VPA. All the state legislature must do is to enact a special law stating, in effect, that "we opt out of the VPA."[24]
New Hampshire has in fact so opted out of the VPA, and the federal VPA has no effect in New Hampshire so long as the associated lawsuit is conducted "in a State court against a volunteer [and] all parties [to the lawsuit] are citizens of the State," section 14502(b) of the Act.[25]
[edit] Section 14503
This Section's six subsections form the complex heart of the statute. They generally define the immunities and exclusions from liability that a volunteer enjoys under the Act, and then define the limits on, and exceptions to, these immunities and exclusions.
[edit] Subsection (a)
This subsection is the heart of the Act and defines the basic liability protection for a volunteer. It excludes[26]liability for harm caused by a volunteer, based on any of the volunteer's acts or omissions on behalf of an eligible organization, so long as:
1 - the volunteer was (at the time of the error or omission) acting within the scope of his or her responsibilities in the organization;
2 - the volunteer was properly licensed, certified or authorized by the appropriate authorities, if required or appropriate;[27]
3 - the harm was caused by simple or ordinary negligence rather than by gross negligence (or worse);[28] and
4 - the harm did not result from the volunteer's operating a vehicle, vessel or aircraft for which either an operator’s license or insurance is required under stat e law.[29]
[edit] Subsection (b)
The protection provided under subsection (a), however, does not extend to any legal actions taken by the volunteer's organization itself against the volunteer. These are unaffected by the Act.[30]
[edit] Subsection (c)
As previously mentioned, the Act only provides an immunity to the volunteer, not to the organization for which the work is done. Subsection (c) says exactly this.[31]
[edit] Subsection (d)
Under the cooperative federalism approach mentioned above, a state is entitled, under the terms of the VPA, to set conditions on the volunteer's obtaining the liability protections of the Act. By such an action, the state can limit the operation of the VPA, and provide (for instance) that it will be in effect to protect volunteers, but only if the supervising organization has a certain level of liability insurance.
A state may make the VPA liability protections subject to any one (or more) of the following rules:
1- the organization must implement risk management procedures, including volunteer training, and if
it fails to do so, the protection does not apply;[32]
2 - the nonprofit is liable for the errors and omissions of its volunteers to the same extent as a private employer is liable for those of its employees;
3 - the protection does not apply to civil actions brought by the state itself;[33]
4 - the protection only applies if the organization provides a "financially secure source of recovery" for individuals who are harmed by volunteers.[34]
[edit] Subsection (e)
The preceding rules of section 14503 (subsections (a) through (d)) apply to any type of damages that an injured party may seek against a volunteer, whether those are denominated as compensatory damages, punitive damages or by some other label. Subsection (e), by contrast, establishes an additional barrier for an injured party trying to win punitive damages against a volunteer.
On top of those other exclusions and conditions specified in the preceding subsections, punitive damages may not be awarded unless the claimant shows, by clear and convincing evidence,[35] that the harm resulted from the volunteer's willful or criminal misconduct, or from a conscious and flagrant indifference to the rights of the injured party.[36]
[edit] Subsection (f)
Congress decided that some volunteer actions should never enjoy any immunity or protection under the Act. Accordingly, it established the following categories of conduct which are always unaffected by any privileges that might otherwise be enjoyed by volunteers under the VPA:
Crimes of Violence.[37]
Acts of international terrorism.[38]
Hate Crimes.[39]
Sexual Offenses.[40]
Civil Rights Violations.[41]
Claims Involving Use of Alcohol or Drugs.[42]
[edit] Section 14504
If, despite the protections of the VPA, a volunteer is nevertheless held liable for harm caused by his or her actions in furtherance of responsibilities to the eligible entity, this section provides some protections to the extent the damages recovered by the injured party are for a "noneconomic" loss.[43] This section overrides any applicable state rule of joint and several liability and establishes instead a federal rule of proportionate liability: a volunteer is in any event only liable for damage to the extent of his or her proportionate responsibility or fault.[44]
[edit] Section 14505
The final section of the VPA sets out important definitions. The most critical definitions are described below.
[edit] Who is a "volunteer"?
A volunteer (subsection 6 of 14505) is an individual who provides services to the eligible organization and whose "compensation" is at most $500.00 per year.[45][46] A volunteer's title or office does not matter in determining status: he or she may be an officer or director or trustee of the organization, or may just be a regular "direct service volunteer."
The definition raises the further question of what constitutes "compensation" or things received "in lieu of compensation." For instance, suppose the nonprofit animal shelter provides lunch (average value of $4.00) to all its volunteers, and Vicki V olunteer performs services (and thus receives the lunch) fifteen days every month (for a total of 180 lunches per year with a "value" of $720.00). Is this value of $720.00 then "compensation" to Vicki? If so, then she is no longer a statutory "volunteer" and will not have the protections of the Act.[47]。