Bill Text: NY A05541 | 2019-2020 | General Assembly | Introduced


Bill Title: Exempts volunteers in recreational activities, including but not limited to, little league coaches, managers, assistants and members of the board of directors from civil liability while providing services or rendering assistance to a player or participant as a result of his or her acts of commission or omission arising out of or in the course of his or her rendering such services or assistance during competitive games and practices.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A05541 Detail]

Download: New_York-2019-A05541-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5541
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2019
                                       ___________
        Introduced  by  M. of A. MANKTELOW, MONTESANO, HAWLEY, REILLY, CROUCH --
          Multi-Sponsored by -- M. of A. GIGLIO -- read once and referred to the
          Committee on Judiciary
        AN ACT to amend the not-for-profit corporation law and the general obli-
          gations law, in relation to  exempting  volunteer  coaches,  managers,
          referees, assistants and members of the board of directors for certain
          youths  programs  from  civil  liability  while  providing services or
          assistance to a player or participant
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The not-for-profit corporation law is amended by adding a
     2  new section 727 to read as follows:
     3  § 727. Exemption of certain persons from civil liability.
     4    (a) Definitions:
     5    (1) Youths program. A  youths  program  shall  mean  any  recreational
     6  activity which is operated by the Boy Scouts of America, the Girl Scouts
     7  of America, the Campfire Girls, Young Men's Christian Association, Young
     8  Women's  Christian  Association,  Young  Men's Hebrew Association, Young
     9  Women's Hebrew Association, Catholic Youth Organization, Kiwanis  Inter-
    10  national,  Hi-Y or other similar organizations without limitation to the
    11  foregoing for the recreational or athletic benefit of  persons  eighteen
    12  years of age or less.
    13    (2) Compensation. Compensation shall mean the earnings of a person for
    14  labor  or  services,  but shall not include reimbursement for reasonable
    15  expenses actually incurred.
    16    (b) Except as otherwise provided in this section, and  notwithstanding
    17  any provision of law to the contrary, no person who without compensation
    18  therefor  and acting as a volunteer renders services within an organized
    19  youths program as a  leader,  coach,  manager,  umpire,  referee  or  an
    20  assistant  thereto,  or  who  serves  on  the board of directors of such
    21  program shall be liable in any civil action for damages to a participant
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08935-01-9

        A. 5541                             2
     1  in such program as a result of such person's acts of commission or omis-
     2  sion arising out of and in the course of such person's rendering of such
     3  services or assistance relating thereto.
     4    (c)  Nothing  in this section shall be deemed to grant immunity to any
     5  person causing damage or injury as a  result  of  his  or  her  willful,
     6  wanton or grossly negligent acts of commission or omission.
     7    § 2. The general obligations law is amended by adding a new article 10
     8  to read as follows:
     9                                  ARTICLE 10
    10              EXEMPTION OF CERTAIN PERSONS FROM CIVIL LIABILITY
    11                    PERSONS ASSISTING IN SPORTS PROGRAMS
    12  Section 10-101. Definitions.
    13          10-102. Immunity from liability.
    14    §  10-101.  Definitions.  As  used  in this title, the following terms
    15  shall have the following meanings:
    16    1. Youths program. A youths program shall mean any recreational activ-
    17  ity which is operated by the Boy Scouts of America, the Girl  Scouts  of
    18  America,  the  Campfire  Girls, Young Men's Christian Association, Young
    19  Women's Christian Association, Young  Men's  Hebrew  Association,  Young
    20  Women's  Hebrew Association, Catholic Youth Organization, Kiwanis Inter-
    21  national, Hi-Y or other similar organizations without limitation to  the
    22  foregoing  for  the recreational or athletic benefit of persons eighteen
    23  years of age or less.
    24    2. Compensation. Compensation shall mean the earnings of a person  for
    25  labor  or  services,  but shall not include reimbursement for reasonable
    26  expenses actually incurred.
    27    § 10-102. Immunity from liability. 1. Except as otherwise provided  in
    28  this  article, and notwithstanding any provision of law to the contrary,
    29  no person who without compensation therefor and acting  as  a  volunteer
    30  renders  services within an organized youths program as a leader, coach,
    31  manager, umpire, referee or an assistant thereto, or who serves  on  the
    32  board  of  directors of such program shall be liable in any civil action
    33  for damages to a participant  in  such  program  as  a  result  of  such
    34  person's  act of commission or omission arising out of and in the course
    35  of such person's rendering of services or assistance relating thereto.
    36    2. Nothing in this section shall be deemed to grant  immunity  to  any
    37  person  causing  damage  or  injury  as  a result of his or her willful,
    38  wanton or grossly negligent acts of commission or omission.
    39    § 3. This act shall take effect immediately.
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