A02348 Summary:

BILL NO    A02348 

SAME AS    No same as 

SPONSOR    Crouch (MS)

COSPNSR    Friend

MLTSPNSR   Butler, 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.
Go to top

A02348 Actions:

BILL NO    A02348 

01/16/2015 referred to judiciary
Go to top

A02348 Votes:

There are no votes for this bill in this legislative session.
Go to top

A02348 Memo:

BILL NUMBER:A2348

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
volunteers to conduct and administer sports programs sponsored by such
organizations. 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.
Go to top

A02348 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2348

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S 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    S  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    S 2. This act shall take effect on the ninetieth day  after  it  shall
   15  have become a law.
Go to top
Page display time = 0.0998 sec