Nonprofit Athletic Organization Protection Act of 2003

Bill: 108-hr-3369
Sponsor: Rep. Souder, Mark E. [R-IN-3]
Introduced: 2003-10-21 in the House
Policy area: Law
Subjects: Athletics
Civil actions and liability
Employee training
Federal preemption
Government Operations and Politics
Labor and Employment
Liability (Law)
Licenses
Negligence
Nonprofit organizations
Privileges and immunities
Social Welfare
Sports and Recreation
State laws

Summary:
action_date: 2003-10-21
text: 
Nonprofit Athletic Organization Protection Act of 2003 - Exempts a nonprofit athletic organization from liability for harm caused by an act or omission in the adoption of rules for sanctioned or approved athletic competitions or practices if: (1) the organization was acting within the scope of its duties; (2) the organization was properly licensed, certified, or authorized for the competition or practice; and (3) the harm was not caused by the organization's willful or criminal misconduct, gross negligence, or reckless misconduct. Makes exceptions where State law: (1) requires such an organization to adhere to risk management procedures, including mandatory training; (2) makes the organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for its employees; and (3) makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government
 
.

action_date: 2004-09-13
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Nonprofit Athletic Organization Protection Act of 2003 - Exempts a nonprofit athletic organization from liability for harm caused by an act or omission in the adoption of rules for sanctioned or approved athletic competitions or practices if: (1) the organization was acting within the scope of its duties; (2) the organization was properly licensed, certified, or authorized for the competition or practice; and (3) the harm was not caused by the organization's willful or criminal misconduct, gross negligence, or reckless misconduct. 
 
States that this exemption shall not be construed to affect civil actions brought by nonprofit athletic organizations against their employees, agents, or volunteers.
 
Makes exceptions where State law: (1) requires such an organization to adhere to risk management procedures, including mandatory training; (2) makes the organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for its employees; and (3) makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government.
 
Preempts inconsistent State laws except for those that provide additional protections from liability relating to the rule-making activities of nonprofit athletic organizations.


Legislative actions:
action_date: 2004-09-14
text: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 217 - 176 (Roll no. 445). (text: CR H7084-7085)
action_date: 2004-09-14
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 217 - 176 (Roll no. 445).(text: CR H7084-7085)
action_date: 2004-09-14
text: Considered as unfinished business. (consideration: CR H7096-7097)
action_date: 2004-09-14
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2004-09-14
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3369.
action_date: 2004-09-14
text: Considered under suspension of the rules. (consideration: CR H7084-7090)
action_date: 2004-09-14
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill.
action_date: 2004-09-13
text: Placed on the Union Calendar, Calendar No. 420.
action_date: 2004-09-13
text: Reported by the Committee on Judiciary. H. Rept. 108-681.
action_date: 2004-09-13
text: Reported by the Committee on Judiciary. H. Rept. 108-681.
action_date: 2004-09-08
text: Ordered to be Reported by the Yeas and Nays: 14 - 7.
action_date: 2004-09-08
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-07-20
text: Committee Hearings Held.
action_date: 2003-10-21
text: Referred to the House Committee on the Judiciary.
action_date: 2003-10-21
text: Introduced in House
action_date: 2003-10-21
text: Introduced in House