Volunteer Protection Act of 1997
Public Law 105-19 · S. 543 · 105th Congress · began in the Senate
Signed by Bill Clinton (D) on Jun 18, 1997 · Law
Sponsor: Sen. Paul Coverdell (R-GA)
Cosponsors (10): Sen. Mitch McConnell, Sen. Spencer Abraham,
Passage votes
- HouseUnanimous consent
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
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.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 16 actions.
- Jun 18, 1997Became lawBecame law · Became Public Law No: 105-19.
- Became lawBecame law · Signed by President.
- Jun 12, 1997PresidentPresident · Presented to President.
- May 21, 1997Resolving differencesResolving differences · Senate agreed to the House amendment to the Senate bill by Unanimous Consent.
- FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · A similar measure H.R. 911 was laid on the table without objection.
- FloorFloor · On passage Passed without objection.
- FloorFloor · 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.
- FloorFloor · Considered by unanimous consent.
- FloorFloor · Mr. Inglis asked unanimous consent to discharge from committee and consider.
- CommitteeCommittee · Discharged from House Judiciary Committee
- May 5, 1997CommitteeCommittee · Referred to House Judiciary Committee
- May 1, 1997FloorFloor · Passed Senate with an amendment by Yea-Nay Vote. 99-1. Record Vote No: 55.Senate roll call 55
- Apr 30, 1997FloorFloor · Second cloture motion on the motion to proceed not invoked in Senate by Yea-Nay Vote. 55-44. Record Vote No: 53.Senate roll call 53
- Apr 29, 1997FloorFloor · Cloture on the motion to proceed to consideration not invoked in Senate by Yea-Nay Vote. 53-46. Record Vote No: 52.Senate roll call 52
- Apr 9, 1997IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.