Assembly Bill A5541

2019-2020 Legislative Session

Exempts certain youths program volunteers from civil liability

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A5541 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §727, N-PC L; add Art 10 §§10-101 & 10-102, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5577
2011-2012: A5291
2013-2014: A6664
2015-2016: A7201
2017-2018: A6488
2021-2022: A4733
2023-2024: A3649

2019-A5541 (ACTIVE) - Summary

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.

2019-A5541 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5541
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  The not-for-profit corporation law is amended by adding a
 new section 727 to read as follows:
 § 727. EXEMPTION OF CERTAIN PERSONS FROM CIVIL LIABILITY.
   (A) DEFINITIONS:
   (1) YOUTHS PROGRAM. A  YOUTHS  PROGRAM  SHALL  MEAN  ANY  RECREATIONAL
 ACTIVITY WHICH IS OPERATED BY THE BOY SCOUTS OF AMERICA, THE GIRL SCOUTS
 OF AMERICA, THE CAMPFIRE GIRLS, YOUNG MEN'S CHRISTIAN ASSOCIATION, YOUNG
 WOMEN'S  CHRISTIAN  ASSOCIATION,  YOUNG  MEN'S HEBREW ASSOCIATION, YOUNG
 WOMEN'S HEBREW ASSOCIATION, CATHOLIC YOUTH ORGANIZATION, KIWANIS  INTER-
 NATIONAL,  HI-Y OR OTHER SIMILAR ORGANIZATIONS WITHOUT LIMITATION TO THE
 FOREGOING FOR THE RECREATIONAL OR ATHLETIC BENEFIT OF  PERSONS  EIGHTEEN
 YEARS OF AGE OR LESS.
   (2) COMPENSATION. COMPENSATION SHALL MEAN THE EARNINGS OF A PERSON FOR
 LABOR  OR  SERVICES,  BUT SHALL NOT INCLUDE REIMBURSEMENT FOR REASONABLE
 EXPENSES ACTUALLY INCURRED.
   (B) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AND  NOTWITHSTANDING
 ANY PROVISION OF LAW TO THE CONTRARY, NO PERSON WHO WITHOUT COMPENSATION
 THEREFOR  AND ACTING AS A VOLUNTEER RENDERS SERVICES WITHIN AN ORGANIZED
 YOUTHS PROGRAM AS A  LEADER,  COACH,  MANAGER,  UMPIRE,  REFEREE  OR  AN
 ASSISTANT  THERETO,  OR  WHO  SERVES  ON  THE BOARD OF DIRECTORS OF SUCH
 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.
              

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