S T A T E O F N E W Y O R K
________________________________________________________________________
2936
2011-2012 Regular Sessions
I N A S S E M B L Y
January 21, 2011
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Introduced by M. of A. CALHOUN, CROUCH -- Multi-Sponsored by -- M. of A.
BURLING, BUTLER, FINCH, KOLB, J. MILLER, 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:
Section 1. Article 3 of the general obligations law is amended by
adding a new title 7 to read as follows:
TITLE 7
CIVIL IMMUNITY OF PERSONS ASSISTING IN
SPORTS PROGRAMS OF NON-PROFIT-MAKING ORGANIZATIONS
SECTION 3-701. DEFINITIONS.
3-702. CIVIL IMMUNITY OF PERSONS ASSISTING IN SPORTS PROGRAMS
OF NON-PROFIT-MAKING ORGANIZATIONS.
S 3-701. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "COMPENSATION" MEANS THE EARNINGS OF A PERSON FOR LABOR OR
SERVICES, BUT SHALL NOT INCLUDE REIMBURSEMENT FOR REASONABLE EXPENSES
ACTUALLY INCURRED OR TO BE INCURRED.
2. "NON-PROFIT-MAKING ORGANIZATION" MEANS A CORPORATION, OR UNINCORPO-
RATED ASSOCIATION, ORGANIZED AND OPERATED EXCLUSIVELY FOR RELIGIOUS,
CHARITABLE OR EDUCATIONAL PURPOSES, NO PART OF THE NET EARNINGS OF WHICH
INURE TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR INDIVIDUAL.
3. "SPORTS PROGRAM" MEANS BASEBALL, SOFTBALL, FOOTBALL, BASKETBALL,
SOCCER AND ANY OTHER COMPETITIVE SPORT FORMALLY RECOGNIZED AS A SPORT OF
THE AMATEUR ATHLETIC UNION OR THE NATIONAL COLLEGIATE ATHLETIC ASSOCI-
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.
LBD02825-01-1
A. 2936 2
LY FOR THE RECREATIONAL AND ATHLETIC BENEFIT OF PERSONS UNDER EIGHTEEN
YEARS OF AGE.
S 3-702. CIVIL IMMUNITY OF PERSONS ASSISTING IN SPORTS PROGRAMS OF
NON-PROFIT-MAKING ORGANIZATIONS. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ANY PERSON WHO VOLUN-
TARILY AND WITHOUT COMPENSATION RENDERS SERVICES AS A MANAGER, COACH,
UMPIRE OR REFEREE OR AS AN ASSISTANT TO A MANAGER OR COACH IN A SPORTS
PROGRAM OF A NON-PROFIT-MAKING ORGANIZATION, OR ANY OFFICER OR EMPLOYEE
OF SUCH ORGANIZATION, CONDUCTING A SPORTS PROGRAM, SHALL NOT BE LIABLE
TO ANY PERSON FOR CIVIL DAMAGES AS A RESULT OF ANY ACTS OR OMISSIONS IN
RENDERING SUCH SERVICES OR IN CONDUCTING SUCH SPORTS PROGRAM UNLESS IT
IS ESTABLISHED THAT SUCH ACT OR OMISSION CONSTITUTED GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT ON THE PART OF ANY SUCH PERSON.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.