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 acts of commission or omission arising out of or in the course of his rendering such services or assistance during competitive games and practices.
STATE OF NEW YORK
________________________________________________________________________
6488
2017-2018 Regular Sessions
IN ASSEMBLY
March 7, 2017
___________
Introduced by M. of A. OAKS -- 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.
LBD08432-01-7
A. 6488 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 his or her 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 title, 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 his or her willful,
37 wanton or grossly negligent acts of commission or omission.
38 § 3. This act shall take effect immediately.
