Bill Text: NY A05082 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides that any person who voluntarily and without compensation renders certain volunteer service in sports programs of non-profit-making organizations shall be immune from liability for civil damages for acts or omissions in rendering such service unless the act or omission constituted gross negligence or wilfull misconduct on the part of any such person.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2014-05-28 - held for consideration in judiciary [A05082 Detail]
Download: New_York-2013-A05082-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5082
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
___________
Introduced by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. BUTLER,
FINCH, KOLB, OAKS, TEDISCO, THIELE -- read once and referred to the
Committee on Judiciary
AN ACT to amend the general obligations law, in relation to immunity
from civil liability of persons assisting in sports programs of non-
profit-making organizations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 3 of the general obligations law is amended by
2 adding a new title 7 to read as follows:
3 TITLE 7
4 CIVIL IMMUNITY OF PERSONS ASSISTING IN
5 SPORTS PROGRAMS OF NON-PROFIT-MAKING ORGANIZATIONS
6 SECTION 3-701. DEFINITIONS.
7 3-702. CIVIL IMMUNITY OF PERSONS ASSISTING IN SPORTS PROGRAMS
8 OF NON-PROFIT-MAKING ORGANIZATIONS.
9 S 3-701. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
10 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS
11 SHALL HAVE THE FOLLOWING MEANINGS:
12 1. "COMPENSATION" MEANS THE EARNINGS OF A PERSON FOR LABOR OR
13 SERVICES, BUT SHALL NOT INCLUDE REIMBURSEMENT FOR REASONABLE EXPENSES
14 ACTUALLY INCURRED OR TO BE INCURRED.
15 2. "NON-PROFIT-MAKING ORGANIZATION" MEANS A CORPORATION, OR UNINCORPO-
16 RATED ASSOCIATION, ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS,
17 CHARITABLE OR EDUCATIONAL PURPOSES, NO PART OF THE NET EARNINGS OF WHICH
18 INURE TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL.
19 3. "SPORTS PROGRAM" MEANS BASEBALL, SOFTBALL, FOOTBALL, BASKETBALL,
20 SOCCER AND ANY OTHER COMPETITIVE SPORT FORMALLY RECOGNIZED AS A SPORT OF
21 THE AMATEUR ATHLETIC UNION OR THE NATIONAL COLLEGIATE ATHLETIC ASSOCI-
22 ATION. THE TERM SHALL BE LIMITED TO A PROGRAM WHICH IS OPERATED PRIMARI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08938-01-3
A. 5082 2
1 LY FOR THE RECREATIONAL AND ATHLETIC BENEFIT OF PERSONS UNDER EIGHTEEN
2 YEARS OF AGE.
3 S 3-702. CIVIL IMMUNITY OF PERSONS ASSISTING IN SPORTS PROGRAMS OF
4 NON-PROFIT-MAKING ORGANIZATIONS. NOTWITHSTANDING ANY INCONSISTENT
5 PROVISION OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ANY PERSON WHO VOLUN-
6 TARILY AND WITHOUT COMPENSATION RENDERS SERVICES AS A MANAGER, COACH,
7 UMPIRE OR REFEREE OR AS AN ASSISTANT TO A MANAGER OR COACH IN A SPORTS
8 PROGRAM OF A NON-PROFIT-MAKING ORGANIZATION, OR ANY OFFICER OR EMPLOYEE
9 OF SUCH ORGANIZATION, CONDUCTING A SPORTS PROGRAM, SHALL NOT BE LIABLE
10 TO ANY PERSON FOR CIVIL DAMAGES AS A RESULT OF ANY ACTS OR OMISSIONS IN
11 RENDERING SUCH SERVICES OR IN CONDUCTING SUCH SPORTS PROGRAM UNLESS IT
12 IS ESTABLISHED THAT SUCH ACT OR OMISSION CONSTITUTED GROSS NEGLIGENCE OR
13 WILLFUL MISCONDUCT ON THE PART OF ANY SUCH PERSON.
14 S 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
