Add §727, N-PC L; add Art 10 §§10-101 & 10-102, Gen Ob L
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 such volunteer's acts of commission or omission arising out of or in the course of rendering such services or assistance during competitive games and practices.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2203
SPONSOR: Manktelow TITLE OF BILL:
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 assist-
ance to a player or participant
PURPOSE OR GENERAL IDEA OF BILL:
To protect volunteer coaches, managers, assistants, etc., of sports
teams from civil liability while providing service to players and/or
participants.
SUMMARY OF PROVISIONS:
Section 1 adds a new § 727 to the Not-for-Profit Corporation Law and
Section 2 adds a new Article 10 to the General Obligations Law.Both
provide immunity from civil action to volunteer coaches, managers,
referees, etc. of organized sports programs for acts of commission or
omission undertaken during the course of such volunteer activity.
JUSTIFICATION:
Various sports programs for youths under the age of 18 are dependent
upon volunteers to act as coaches, managers, referees, etc. without
their services, many children would be unable to enjoy and participate
in a sports program on a competitive level. However volunteers, simply
by, acting as such, place themselves in, a situation where they are
subject to civil liability for acts of commission or omission, even when
such acts are undertaken in good faith and with the best interest of the
children at heart.
This bill will limit such liability for such actions but will not allow
immunity for acts which are willful, wanton or grossly negligent. This
should serve to encourage persons to volunteer to coach and referee
sports teams, thus permitting the children of this state to continue to
enjoy competitive sports.
PRIOR LEGISLATIVE HISTORY:
2020-22: Referred to Judiciary;
2023-24: Referred to Judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2203
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. MANKTELOW, DeSTEFANO, HAWLEY, REILLY, SMULLEN,
MILLER -- 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
22 in such program as a result of such person's acts of commission or omis-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01874-01-5
A. 2203 2
1 sion arising out of and in the course of such person's rendering of such
2 services or assistance relating thereto.
3 (c) Nothing in this section shall be deemed to grant immunity to any
4 person causing damage or injury as a result of such person's willful,
5 wanton or grossly negligent acts of commission or omission.
6 § 2. The general obligations law is amended by adding a new article 10
7 to read as follows:
8 ARTICLE 10
9 EXEMPTION OF CERTAIN PERSONS FROM CIVIL LIABILITY
10 PERSONS ASSISTING IN SPORTS PROGRAMS
11 Section 10-101. Definitions.
12 10-102. Immunity from liability.
13 § 10-101. Definitions. As used in this article, the following terms
14 shall have the following meanings:
15 1. Youths program. A youths program shall mean any recreational activ-
16 ity which is operated by the Boy Scouts of America, the Girl Scouts of
17 America, the Campfire Girls, Young Men's Christian Association, Young
18 Women's Christian Association, Young Men's Hebrew Association, Young
19 Women's Hebrew Association, Catholic Youth Organization, Kiwanis Inter-
20 national, Hi-Y or other similar organizations without limitation to the
21 foregoing for the recreational or athletic benefit of persons eighteen
22 years of age or less.
23 2. Compensation. Compensation shall mean the earnings of a person for
24 labor or services, but shall not include reimbursement for reasonable
25 expenses actually incurred.
26 § 10-102. Immunity from liability. 1. Except as otherwise provided in
27 this article, and notwithstanding any provision of law to the contrary,
28 no person who without compensation therefor and acting as a volunteer
29 renders services within an organized youths program as a leader, coach,
30 manager, umpire, referee or an assistant thereto, or who serves on the
31 board of directors of such program shall be liable in any civil action
32 for damages to a participant in such program as a result of such
33 person's act of commission or omission arising out of and in the course
34 of such person's rendering of services or assistance relating thereto.
35 2. Nothing in this section shall be deemed to grant immunity to any
36 person causing damage or injury as a result of such person's willful,
37 wanton or grossly negligent acts of commission or omission.
38 § 3. This act shall take effect immediately.
