Bill Text: NY A01876 | 2019-2020 | 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: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A01876 Detail]

Download: New_York-2019-A01876-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1876
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M.  of  A.  CROUCH, FINCH, KOLB, 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    § 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-
    23  ly for the recreational and athletic benefit of persons  under  eighteen
    24  years of age.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02847-01-9

        A. 1876                             2
     1    §  3-702.  Civil  immunity  of persons assisting in sports programs of
     2  non-profit-making  organizations.   Notwithstanding   any   inconsistent
     3  provision  of  any general, special, or local law, any person who volun-
     4  tarily and without compensation renders services as  a  manager,  coach,
     5  umpire  or  referee or as an assistant to a manager or coach in a sports
     6  program of a non-profit-making organization, or any officer or  employee
     7  of  such  organization, conducting a sports program, shall not be liable
     8  to any person for civil damages as a result of any acts or omissions  in
     9  rendering  such  services or in conducting such sports program unless it
    10  is established that such act or omission constituted gross negligence or
    11  willful misconduct on the part of any such person.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.
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