Details

• Sponsor - Levin
• Proposed - July 27, 2005
• Congressional Record Link - SA1623
• Amends - S.397
• Amendments - None.
• Vote - 2005-208 - July 28, 2005, 62-37 Motion to Table passed (amendment killed).
• Results - No change in law.

Synopsis

The entire amendment is:

On page 13, after line 4, add the following:

   SEC. 5. GROSS NEGLIGENCE OR RECKLESS CONDUCT.

    (a) In General.--Nothing in this Act shall be construed to prohibit a civil liability action from being brought or continued against a person if the gross negligence or reckless conduct of that person was a proximate cause of death or injury.

    (b) Definitions.--As used in this section--

    (1) the term ``gross negligence'' has the meaning given that term under subsection (b)(7) of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b)(7)); and

    (2) the term ``reckless'' has the meaning given that term under section 2A1.4 of the Federal Sentencing Guidelines Manual.

This bill is a duplicate of last year's Senate Amendment 2631. That bill exempted every company covered by SB1805 in cases of 'gross negligence'.

Analysis

The problem with this open ended exemption is that a court case would be required to determine 'gross negligence' or not. This would have the effect of completely gutting the benefit of S.397.

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