II

106TH CONGRESS

1ST SESSION S. 843

To limit the civil liability of business entities that provide facility tours.

IN THE SENATE OF THE UNITED STATES

APRIL 20, 1999

Mr. SANTORUM introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To limit the civil liability of business entities that provide

facility tours.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING

4 TOURS OF FACILITIES.

5 (a) DEFINITIONS.—In this section:

6 (1) BUSINESS ENTITY.—The term ‘‘business

7 entity’’ means a firm, corporation, association, part8 nership, consortium, joint venture, or other form of

9 enterprise.
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1 (2) FACILITY.—The term ‘‘facility’’ means any

2 real property, including any building, improvement,

3 or appurtenance.

4 (3) GROSS NEGLIGENCE.—The term ‘‘gross

5 negligence’’ means voluntary and conscious conduct

6 by a person with knowledge (at the time of the con7 duct) that the conduct is likely to be harmful to the

8 health or well-being of another person.

9 (4) INTENTIONAL MISCONDUCT.—The term

10 ‘‘intentional misconduct’’ means conduct by a person

11 with knowledge (at the time of the conduct) that the

12 conduct is harmful to the health or well-being of an13 other person.

14 (5) STATE.—The term ‘‘State’’ means each of

15 the several States, the District of Columbia, the

16 Commonwealth of Puerto Rico, the Virgin Islands,

17 Guam, American Samoa, the Northern Mariana Is18 lands, any other territory or possession of the

19 United States, or any political subdivision of any

20 such State, territory, or possession.

21 (b) LIMITATION ON LIABILITY.—

22 (1) IN GENERAL.—Subject to subsection (c), a

23 business entity shall not be subject to civil liability

24 relating to any injury to, or death of an individual

25 occurring at a facility of the business entity if—
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1 (A) such injury or death occurs during a

2 tour of the facility in an area of the facility that

3 is not otherwise accessible to the general public;

4 and

5 (B) the business entity authorized the

6 tour.

7 (2) APPLICATION.—This subsection shall

8 apply—

9 (A) with respect to civil liability under

10 Federal and State law; and

11 (B) regardless of whether an individual

12 pays for the tour.

13 (c) EXCEPTION FOR LIABILITY.—Subsection (b)

14 shall not apply to an injury or death that results from

15 an act or omission of a business entity that constitutes

16 gross negligence or intentional misconduct, including any

17 misconduct that—

18 (1) constitutes a crime of violence (as that term

19 is defined in section 16 of title 18, United States

20 Code) or act of international terrorism (as that term

21 is defined in section 2331 of title 18) for which the

22 defendant has been convicted in any court;

23 (2) constitutes a hate crime (as that term is

24 used in the Hate Crime Statistics Act (28 U.S.C.

25 534 note));
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1 (3) involves a sexual offense, as defined by ap2 plicable State law, for which the defendant has been

3 convicted in any court; or

4 (4) involves misconduct for which the defendant

5 has been found to have violated a Federal or State

6 civil rights law.

7 (d) SUPERSEDING PROVISION.—

8 (1) IN GENERAL.—Subject to paragraph (2)

9 and subsection (e), this Act preempts the laws of

10 any State to the extent that such laws are incon11 sistent with this Act, except that this Act shall not

12 preempt any State law that provides additional pro13 tection from liability for a business entity for an in14 jury or death with respect to which the conditions

15 under subparagraphs (A) and (B) of subsection

16 (b)(1) apply.

17 (2) LIMITATION.—Nothing in this Act shall be

18 construed to supersede any Federal or State health

19 or safety law.

20 (e) ELECTION OF STATE REGARDING NONAPPLICA21 BILITY.—This Act shall not apply to any civil action in

22 a State court against a business entity in which all parties

23 are citizens of the State if such State enacts a statute—

24 (1) citing the authority of this subsection;
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1 (2) declaring the election of such State that this

2 Act shall not apply to such civil action in the State;

3 and

4 (3) containing no other provision.

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