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 his or her acts of commission or omission arising out of or in the course of his or her rendering such services or assistance during competitive games and practices.
STATE OF NEW YORK
________________________________________________________________________
5541
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
___________
Introduced by M. of A. MANKTELOW, MONTESANO, HAWLEY, REILLY, CROUCH --
Multi-Sponsored by -- M. of A. GIGLIO -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08935-01-9
A. 5541 2
1 in such program as a result of such person's acts of commission or omis-
2 sion arising out of and in the course of such person's rendering of such
3 services or assistance relating thereto.
4 (c) Nothing in this section shall be deemed to grant immunity to any
5 person causing damage or injury as a result of his or her willful,
6 wanton or grossly negligent acts of commission or omission.
7 § 2. The general obligations law is amended by adding a new article 10
8 to read as follows:
9 ARTICLE 10
10 EXEMPTION OF CERTAIN PERSONS FROM CIVIL LIABILITY
11 PERSONS ASSISTING IN SPORTS PROGRAMS
12 Section 10-101. Definitions.
13 10-102. Immunity from liability.
14 § 10-101. Definitions. As used in this title, the following terms
15 shall have the following meanings:
16 1. Youths program. A youths program shall mean any recreational activ-
17 ity which is operated by the Boy Scouts of America, the Girl Scouts of
18 America, the Campfire Girls, Young Men's Christian Association, Young
19 Women's Christian Association, Young Men's Hebrew Association, Young
20 Women's Hebrew Association, Catholic Youth Organization, Kiwanis Inter-
21 national, Hi-Y or other similar organizations without limitation to the
22 foregoing for the recreational or athletic benefit of persons eighteen
23 years of age or less.
24 2. Compensation. Compensation shall mean the earnings of a person for
25 labor or services, but shall not include reimbursement for reasonable
26 expenses actually incurred.
27 § 10-102. Immunity from liability. 1. Except as otherwise provided in
28 this article, and notwithstanding any provision of law to the contrary,
29 no person who without compensation therefor and acting as a volunteer
30 renders services within an organized youths program as a leader, coach,
31 manager, umpire, referee or an assistant thereto, or who serves on the
32 board of directors of such program shall be liable in any civil action
33 for damages to a participant in such program as a result of such
34 person's act of commission or omission arising out of and in the course
35 of such person's rendering of services or assistance relating thereto.
36 2. Nothing in this section shall be deemed to grant immunity to any
37 person causing damage or injury as a result of his or her willful,
38 wanton or grossly negligent acts of commission or omission.
39 § 3. This act shall take effect immediately.