State Laws
State law may dramatically limit the effect of the Act.
In 1990, as a further experiment in cooperative federalism, President Bush released a Model State Volunteer Act and called for state-by-state adoption. In response to these forces, state legislatures began taking action. Every state now has a law addressing the legal liability of volunteers.
However, the state statutes lack uniformity and consistency. State legislatures were forced to confront numerous political pressures and lobbies, and to balance volunteer liability protection against victim compensation.
Only about half the states protect any volunteers other than directors and officers of the nonprofit organization. Moreover, every state volunteer protection statute has exceptions, as does the VPA itself; and the exceptions are not necessarily uniform. The most common exceptions to volunteer immunity are for certain types of "bad" volunteer conduct, the use by volunteers of motor vehicles, and federal actions.
Most state laws do not immunize volunteers against claims based on a volunteer's willful or wanton misconduct. And many states also exclude claims of harm based on gross negligence from the scope of the volunteer immunity.
A few state laws appear to permit lawsuits against a volunteer based on the volunteer's simple negligence, with the apparent result of nullifying any real protection under the VPA; these laws are very questionable in the face of VPA, which sets out a uniform federal rule.
Read more about this topic: Volunteer Protection Act
Famous quotes containing the words state and/or laws:
“Feign then what’s by a decent tact believed
And act that state is only so conceived,
And build an edifice of form
For house where phantoms may keep warm.”
—William Empson (1906–1984)
“Herein is the explanation of the analogies, which exist in all the arts. They are the re-appearance of one mind, working in many materials to many temporary ends. Raphael paints wisdom, Handel sings it, Phidias carves it, Shakspeare writes it, Wren builds it, Columbus sails it, Luther preaches it, Washington arms it, Watt mechanizes it. Painting was called “silent poetry,” and poetry “speaking painting.” The laws of each art are convertible into the laws of every other.”
—Ralph Waldo Emerson (1803–1882)