Protects business entities from civil liability under Federal and State law for any injury or death resulting from: (1) the use of equipment donated to nonprofit organizations by such entities; (2) the authorized use of facilities made available to nonprofit organizations by such entities where the use occurs outside the scope of business; or (3) the authorized operation of aircraft or motor vehicles loaned to nonprofit organizations by such entities for use outside the scope of business. Creates an exception for injuries or death resulting from a business entity's gross negligence or intentional misconduct.
Preempts inconsistent State laws unless such laws provide additional protection for business entities or the State elects not to be covered by this Act. Makes the provisions of this Act inapplicable to civil actions in State court where all parties are citizens of the State and the State has opted out of coverage by such election.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4265 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4265
To provide that when a company makes a charitable donation of
equipment, the company is generally not liable for harm later caused by
that equipment, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2004
Mr. Green of Wisconsin introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide that when a company makes a charitable donation of
equipment, the company is generally not liable for harm later caused by
that equipment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND CORPORATE
CONTRIBUTIONS.
(a) Definitions.--For purposes of this section:
(1) Aircraft.--The term ``aircraft'' has the meaning
provided that term in section 40102(6) of title 49, United
States Code.
(2) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(3) Equipment.--The term ``equipment'' includes mechanical
equipment, electronic equipment, and office equipment.
(4) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(5) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(6) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(7) Motor vehicle.--The term ``motor vehicle'' has the
meaning provided that term in section 30102(6) of title 49,
United States Code.
(8) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Liability.--
(1) Liability of business entities that donate equipment to
nonprofit organizations.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death that results from the
use of equipment donated by a business entity to a
nonprofit organization.
(B) Application.--This paragraph shall apply with
respect to civil liability under Federal and State law.
(2) Liability of business entities providing use of
facilities to nonprofit organizations.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death occurring at a facility
of the business entity in connection with a use of such
facility by a nonprofit organization, if--
(i) the use occurs outside of the scope of
business of the business entity;
(ii) such injury or death occurs during a
period that such facility is used by the
nonprofit organization; and
(iii) the business entity authorized the
use of such facility by the nonprofit
organization.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of a facility.
(3) Liability of business entities providing use of a motor
vehicle or aircraft.--
(A) In general.--Subject to subsection (c), a
business entity shall not be subject to civil liability
relating to any injury or death occurring as a result
of the operation of aircraft or a motor vehicle of a
business entity loaned to a nonprofit organization for
use outside of the scope of business of the business
entity, if--
(i) such injury or death occurs during a
period that such motor vehicle or aircraft is
used by a nonprofit organization; and
(ii) the business entity authorized the use
by the nonprofit organization of motor vehicle
or aircraft that resulted in the injury or
death.
(B) Application.--This paragraph shall apply--
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of the aircraft
or motor vehicle.
(c) Exceptions.--Subsection (b) shall not apply to an injury or
death that results from an act or omission of a business entity that
constitutes gross negligence or intentional misconduct.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this section preempts the laws of any State to the extent
that such laws are inconsistent with this section, except that
this section shall not preempt any State law that provides
additional protection for a business entity for an injury or
death described in a paragraph of subsection (b) with respect
to which the conditions specified in such paragraph apply.
(2) Limitation.--Nothing in this section shall be construed
to supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--A provision of
this section shall not apply to any civil action in a State court
against a business entity in which all parties are citizens of the
State if such State enacts a statute--
(1) citing the authority of this section;
(2) declaring the election of such State that such
provision shall not apply to such civil action in the State;
and
(3) containing no other provisions.
(f) Effective Date.--This section shall apply to injuries (and
deaths resulting therefrom) occurring on or after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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