Bill Text: NY A05577 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the not-for-profit corporation law and the general obligations 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
Spectrum: Partisan Bill (Republican 26-1)
Status: (Introduced - Dead) 2010-06-03 - held for consideration in judiciary [A05577 Detail]
Download: New_York-2009-A05577-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5577
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. OAKS, CALHOUN, GIGLIO, HAWLEY, KOLB, TOWNSEND --
Multi-Sponsored by -- M. of A. BACALLES, BARCLAY, BURLING, BUTLER,
CONTE, CORWIN, DUPREY, ERRIGO, FINCH, FITZPATRICK, JORDAN, McDONOUGH,
MILLER, MOLINARO, O'MARA, RABBITT, RAIA, REILICH, SAYWARD, SCOZZAFAVA,
THIELE, WALKER -- 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 S 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05183-01-9
A. 5577 2
1 ASSISTANT THERETO, OR WHO SERVES ON THE BOARD OF DIRECTORS OF SUCH
2 PROGRAM SHALL BE LIABLE IN ANY CIVIL ACTION FOR DAMAGES TO A PARTICIPANT
3 IN SUCH PROGRAM AS A RESULT OF SUCH PERSON'S ACTS OF COMMISSION OR OMIS-
4 SION ARISING OUT OF AND IN THE COURSE OF SUCH PERSON'S RENDERING OF SUCH
5 SERVICES OR ASSISTANCE RELATING THERETO.
6 (C) NOTHING IN THIS SECTION SHALL BE DEEMED TO GRANT IMMUNITY TO ANY
7 PERSON CAUSING DAMAGE OR INJURY AS A RESULT OF HIS OR HER WILLFUL,
8 WANTON OR GROSSLY NEGLIGENT ACTS OF COMMISSION OR OMISSION.
9 S 2. The general obligations law is amended by adding a new article 10
10 to read as follows:
11 ARTICLE 10
12 EXEMPTION OF CERTAIN PERSONS FROM CIVIL LIABILITY
13 PERSONS ASSISTING IN SPORTS PROGRAMS
14 SECTION 10-101. DEFINITIONS.
15 10-102. IMMUNITY FROM LIABILITY.
16 S 10-101. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS
17 SHALL HAVE THE FOLLOWING MEANINGS:
18 1. YOUTHS PROGRAM. A YOUTHS PROGRAM SHALL MEAN ANY RECREATIONAL ACTIV-
19 ITY WHICH IS OPERATED BY THE BOY SCOUTS OF AMERICA, THE GIRL SCOUTS OF
20 AMERICA, THE CAMPFIRE GIRLS, YOUNG MEN'S CHRISTIAN ASSOCIATION, YOUNG
21 WOMEN'S CHRISTIAN ASSOCIATION, YOUNG MEN'S HEBREW ASSOCIATION, YOUNG
22 WOMEN'S HEBREW ASSOCIATION, CATHOLIC YOUTH ORGANIZATION, KIWANIS INTER-
23 NATIONAL, HI-Y OR OTHER SIMILAR ORGANIZATIONS WITHOUT LIMITATION TO THE
24 FOREGOING FOR THE RECREATIONAL OR ATHLETIC BENEFIT OF PERSONS EIGHTEEN
25 YEARS OF AGE OR LESS.
26 2. COMPENSATION. COMPENSATION SHALL MEAN THE EARNINGS OF A PERSON FOR
27 LABOR OR SERVICES, BUT SHALL NOT INCLUDE REIMBURSEMENT FOR REASONABLE
28 EXPENSES ACTUALLY INCURRED.
29 S 10-102. IMMUNITY FROM LIABILITY. 1. EXCEPT AS OTHERWISE PROVIDED IN
30 THIS ARTICLE, AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
31 NO PERSON WHO WITHOUT COMPENSATION THEREFOR AND ACTING AS A VOLUNTEER
32 RENDERS SERVICES WITHIN AN ORGANIZED YOUTHS PROGRAM AS A LEADER, COACH,
33 MANAGER, UMPIRE, REFEREE OR AN ASSISTANT THERETO, OR WHO SERVES ON THE
34 BOARD OF DIRECTORS OF SUCH PROGRAM SHALL BE LIABLE IN ANY CIVIL ACTION
35 FOR DAMAGES TO A PARTICIPANT IN SUCH PROGRAM AS A RESULT OF SUCH
36 PERSON'S ACT OF COMMISSION OR OMISSION ARISING OUT OF AND IN THE COURSE
37 OF SUCH PERSON'S RENDERING OF SERVICES OR ASSISTANCE RELATING THERETO.
38 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO GRANT IMMUNITY TO ANY
39 PERSON CAUSING DAMAGE OR INJURY AS A RESULT OF HIS OR HER WILLFUL,
40 WANTON OR GROSSLY NEGLIGENT ACTS OF COMMISSION OR OMISSION.
41 S 3. This act shall take effect immediately.
