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:
“I know this well, that if one thousand, if one hundred, if ten men whom I could name,—if ten honest men only,—ay, if one HONEST man, in this State of Massachusetts, ceasing to hold slaves, were actually to withdraw from this copartnership, and be locked up in the county jail therefor, it would be the abolition of slavery in America. For it matters not how small the beginning may seem to be: what is once well done is done forever.”
—Henry David Thoreau (1817–1862)
“Laws and customs may be creative of vice; and should be therefore perpetually under process of observation and correction: but laws and customs cannot be creative of virtue: they may encourage and help to preserve it; but they cannot originate it.”
—Harriet Martineau (1802–1876)