A02348 Summary:

BILL NOA02348
 
SAME ASNo Same As
 
SPONSORCrouch
 
COSPNSRFriend
 
MLTSPNSRButler, Finch, Kolb, Oaks, Tedisco, Thiele
 
Add Art 3 Title 7 SS3-701 & 3-702, Gen Ob L
 
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.
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A02348 Actions:

BILL NOA02348
 
01/16/2015referred to judiciary
01/06/2016referred to judiciary
05/17/2016held for consideration in judiciary
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A02348 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2348
 
SPONSOR: Crouch (MS)
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Provides civil immunity from damages for volunteers assisting in sports programs of non-profit-making organizations.   SUMMARY OF SPECIFIC PROVISIONS: Amends Article 3 of the general obligations law by adding a new title 7.   JUSTIFICATION: In most instances, non-profit making organizations must rely upon volun- teers to conduct and administer sports programs sponsored by such organ- izations. The burgeoning threat of civil liability has reduced or has the ability to reduce the number of volunteers available and in turn permit such programs to flourish.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: The act shall take effect on the ninetieth day after it shall have become a law.
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A02348 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2348
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2015
                                       ___________
 
        Introduced  by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. BUTLER,
          FINCH, KOLB, OAKS, TEDISCO, 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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05271-01-5

        A. 2348                             2
 
     1  ly  for  the recreational and athletic benefit of persons under eighteen
     2  years of age.
     3    §  3-702.  Civil  immunity  of persons assisting in sports programs of
     4  non-profit-making  organizations.   Notwithstanding   any   inconsistent
     5  provision  of  any general, special, or local law, any person who volun-
     6  tarily and without compensation renders services as  a  manager,  coach,
     7  umpire  or  referee or as an assistant to a manager or coach in a sports
     8  program of a non-profit-making organization, or any officer or  employee
     9  of  such  organization, conducting a sports program, shall not be liable
    10  to any person for civil damages as a result of any acts or omissions  in
    11  rendering  such  services or in conducting such sports program unless it
    12  is established that such act or omission constituted gross negligence or
    13  willful misconduct on the part of any such person.
    14    § 2. This act shall take effect on the ninetieth day  after  it  shall
    15  have become a law.
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