Bill Text: NY A05296 | 2021-2022 | 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: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-18 - enacting clause stricken [A05296 Detail]
Download: New_York-2021-A05296-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5296 2021-2022 Regular Sessions IN ASSEMBLY February 12, 2021 ___________ Introduced by M. of A. ANGELINO -- read once and referred to the Commit- tee 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. LBD09127-01-1A. 5296 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.
