Volunteer Protection Act of 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 inconsisten…

Congressional Research Service · 1997-05-01