Bill Text: NY A05296 | 2021-2022 | General Assembly | Introduced

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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

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                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.
                                                                   LBD09127-01-1
        A. 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.