,,ii #aadth ,,congress #ast ,session ,s4 #afhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjae,mr4 ,kirk 7for himself and ,mr4 ,hoeven7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,volunteer ,protection ,act of #aiig to provide for liability protection for organizations and entities4 #a4 ,short title ,this ,act may be cited as the ,volunteer ,organization ,protection ,act of #bjae4 #b4 ,liability protection for organization or entity ,the ,volunteer ,protection ,act of #aiig 7#db ,u4,s4,c4 #adeja et seq47 is amended-- 7#a7 in section #c 7#db ,u4,s4,c4 #adejb7-- 7,a7 in subsection 7a71 by inserting after relating to volunteers the following3 or volunteer nonprofit organizations2 and 7,b7 in subsection 7b71 in the matter preceding paragraph 7#a71 by inserting after against a volunteer the following3 or a volunteer nonprofit organization2 7#b7 in section #d 7#db ,u4,s4,c4 #adejc7-- 7,a7 in the heading1 by inserting and volunteer nonprofit organizations after volunteers2 7,b7 by striking subsection 7c7 and inserting the following3 7c7 ,liability protection for organization or entity 7#a7 ,in general ,no volunteer nonprofit organization shall be liable for harm caused by an act or omission of a volunteer on behalf of the organization unless-- 7,a7 the organization would be liable for the act or omission under generally applicable laws governing the direct or vicarious liability of organizations2 and 7,b7 the organization itself has expressly authorized the specific conduct constituting the act or omission4 7#b7 ,government request or authorization ,notwithstanding paragraph 7#a71 no volunteer nonprofit organization shall be liable for harm caused by an act or omission of the organization or of a volunteer acting on behalf of the organization if-- 7,a7 the organization or the volunteer engaged in the act or omission at the request of or pursuant to an authorization by the ,federal ,government1 a ,state government1 or any agency or subdivision thereof2 and 7,b7 7i7 the requesting or authorizing governmental entity would have been immune from suit or from liability in damages if the entity had engaged in the act or omission itself or through an employee1 agent1 or independent contractor2 or 7ii7 any governmental employee1 agent1 or contractor who had engaged in the act or omission on behalf of the requesting or authorizing governmental entity would have been immune from suit or from liability in damages by virtue of immunity extended to individual governmental actors4 7#c7 ,rule of construction ,except as provided in paragraphs 7#a7 and 7#b71 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 person4 2 7,c7 in subsection 7d7-- 7i7 by striking paragraph 7#b72 and 7ii7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 7,d7 in subsection 7e77#a7-- 7i7 by striking against a volunteer and inserting the following3 against-- 7,a7 a volunteer 2 and 7ii7 by striking the period at the end and inserting the following3 2 or 7,b7 a volunteer nonprofit organization in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer's responsibilities to the organization unless the claimant establishes by clear and convincing evidence that the organization itself expressly authorized the volunteer's action and did so with a conscious1 flagrant indifference to the rights or safety of the individual harmed4 2 and 7,e7 in subsection 7f77#a71 by inserting or of a volunteer nonprofit organization after liability of a volunteer2 7#c7 in section #e 7#db ,u4,s4,c4 #adejd7-- 7,a7 in subsection 7a7-- 7i7 by inserting or a volunteer nonprofit organization after action against a volunteer2 and 7ii7 by inserting or volunteer nonprofit organization after liability of the volunteer2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by inserting or a volunteer nonprofit organization after who is a volunteer2 and 7ii7 in paragraph 7#b71 by inserting or a volunteer nonprofit organization after who is a volunteer2 and 7#d7 in section #f 7#db ,u4,s4,c4 #adeje7-- 7,a7 by striking ,for purposes of this ,act and inserting 7a7 ,in general4--,for purposes of this ,act2 and 7,b7 by adding at the end the following3 7b7 ,volunteer nonprofit organizations 7#a7 ,qualification as a volunteer nonprofit organization 7,a7 ,actions conducted through volunteers ,a nonprofit organization that conducts substantially all of its activities solely through the actions of volunteers or of independent contractors is a volunteer nonprofit organization for purposes of this ,act4 7,b7 ,organization with no employees ,a nonprofit organization that has no employees is conclusively presumed to be a volunteer nonprofit organization for purposes of this ,act4 7,c7 ,local affiliated organizations with no employees 7i7 ,presumption ,a nonprofit organization is presumed to be a volunteer nonprofit organization for purposes of this ,act if the primary office and the majority of the employees of the organization function primarily to provide support to local affiliated organizations that do not have employees and that act in furtherance of the organization's nonprofit mission4 7ii7 ,rebuttal ,the presumption under clause 7i7 may be rebutted only by clear and convincing evidence that the board of the nonprofit organization expressly authorized the employees of the nonprofit organization to assert active control over the local affiliated organization with respect to the act or omission in question4 7,d7 ,public charities2 private foundations2 social welfare organizations ,a nonprofit organization is a volunteer nonprofit organization for purposes of this ,act if the organization-- 7i7 has fewer than #ej employees2 7ii7 has annual gross receipts of less than #bjj1jjj2 and 7iii7 is-- 7,i7 an organization described in paragraph 7#a71 7#b71 or 7#c7 of section #eji7;a7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of such ,code2 7,,ii7 a private foundation1 as defined in section #eji of the ,internal ,revenue ,code of #aihf1 that is exempt from taxation under section #eja7;a7 of such ,code2 or 7,,iii7 an organization operated exclusively for the promotion of social welfare that is described in section #eja7;c77#d7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7#b7 ,acts by a volunteer nonprofit organization 7,a7 ,governing documents of organization ,a volunteer nonprofit organization acts itself for purposes of this ,act only if the person or body that is authorized by the governing documents of the organization to act in the name of and on behalf of the organization expressly acts in accordance with those documents4 7,b7 ,applicable ,state law ,if the governing documents of a volunteer nonprofit organization do not identify the person or body that is authorized to act in the name of and on behalf of the organization1 the organization acts itself for purposes of this ,act only if the person or body whose action is required under the applicable ,state law in order to bind the organization acts strictly in accordance with that ,state law4 4