Policy Identification and Explanation
Public Law 105-19, also known as the Volunteer Protection Act of 1997, was passed by Congress on May 1, 1997 and went into effect on June 18, 1997. The need for this bill became evident as litigation against volunteers for negligence increased. The goal of this bill has been to protect volunteers from becoming involved in situations out of their control. In an attempt to reach this goal, this law has placed conditions on volunteers to reduce litigation attempts. The law exempts a volunteer of a nonprofit organization from liability for harm caused by an act of negligence of the volunteer on behalf of such organization or governmental entity under certain conditions (Congress, 1997). By reforming the laws …show more content…
A volunteer is defined as an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation or any other thing of compensation, in excess of $500 per year (Congress, 1997). Almost anyone can get involved in a nonprofit organization or governmental entity. A nonprofit organization is defined as, “Any organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax; or 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” (Congress, 1997). Section 501 (c)(3) of the Internal Revenue Code states that organizations, other than testing for public safety organizations, are eligible to receive tax-deductible contributions. The organization must not be organized or operated for the benefit of private interests, and no part of the organization's net earnings may inure to the benefit of any private shareholder or individual” (Internal Revenue Service, 2015). Although the Volunteer Protection Act of 1997 provides protection for volunteers, the nonprofit will not receive protection from …show more content…
The volunteer must be properly licensed, certified, or authorized for the activities or practice in the state in which the harm occurred. In the case of damage, harm must not be 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. The harm may not be caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle (Congress, 1997). Based on the action of the volunteer acting within the scope of their responsibilities and falling under the conditions, they may be protected by the act, however not all actions are protected. The Volunteer Protection Act of 1997 is not applicable to any misconduct that constitutes a crime of violence or an act of internal terrorism for which the defendant has been convicted in any court. Hate crimes involving a sexual offense, which are further defined by each state law, for which the defendant has been convicted in any court will not apply for protection. Limitations also involve misconduct for which the defendant has been found to have violated a Federal or State civil rights law or where the defendant was under the influence of intoxicating alcohol or any drug at the time of the
Public Law 105-19, also known as the Volunteer Protection Act of 1997, was passed by Congress on May 1, 1997 and went into effect on June 18, 1997. The need for this bill became evident as litigation against volunteers for negligence increased. The goal of this bill has been to protect volunteers from becoming involved in situations out of their control. In an attempt to reach this goal, this law has placed conditions on volunteers to reduce litigation attempts. The law exempts a volunteer of a nonprofit organization from liability for harm caused by an act of negligence of the volunteer on behalf of such organization or governmental entity under certain conditions (Congress, 1997). By reforming the laws …show more content…
A volunteer is defined as an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation or any other thing of compensation, in excess of $500 per year (Congress, 1997). Almost anyone can get involved in a nonprofit organization or governmental entity. A nonprofit organization is defined as, “Any organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax; or 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” (Congress, 1997). Section 501 (c)(3) of the Internal Revenue Code states that organizations, other than testing for public safety organizations, are eligible to receive tax-deductible contributions. The organization must not be organized or operated for the benefit of private interests, and no part of the organization's net earnings may inure to the benefit of any private shareholder or individual” (Internal Revenue Service, 2015). Although the Volunteer Protection Act of 1997 provides protection for volunteers, the nonprofit will not receive protection from …show more content…
The volunteer must be properly licensed, certified, or authorized for the activities or practice in the state in which the harm occurred. In the case of damage, harm must not be 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. The harm may not be caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle (Congress, 1997). Based on the action of the volunteer acting within the scope of their responsibilities and falling under the conditions, they may be protected by the act, however not all actions are protected. The Volunteer Protection Act of 1997 is not applicable to any misconduct that constitutes a crime of violence or an act of internal terrorism for which the defendant has been convicted in any court. Hate crimes involving a sexual offense, which are further defined by each state law, for which the defendant has been convicted in any court will not apply for protection. Limitations also involve misconduct for which the defendant has been found to have violated a Federal or State civil rights law or where the defendant was under the influence of intoxicating alcohol or any drug at the time of the