S T A T E O F N E W Y O R K
________________________________________________________________________
3649
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
Introduced by M. of A. MANKTELOW, HAWLEY, REILLY, J. M. GIGLIO, MILLER,
SMULLEN, DeSTEFANO -- read once and referred to the Committee on Judi-
ciary
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.
LBD04572-01-3
A. 3649 2
IN SUCH PROGRAM AS A RESULT OF SUCH PERSON'S ACTS OF COMMISSION OR OMIS-
SION ARISING OUT OF AND IN THE COURSE OF SUCH PERSON'S RENDERING OF SUCH
SERVICES OR ASSISTANCE RELATING THERETO.
(C) NOTHING IN THIS SECTION SHALL BE DEEMED TO GRANT IMMUNITY TO ANY
PERSON CAUSING DAMAGE OR INJURY AS A RESULT OF HIS OR HER WILLFUL,
WANTON OR GROSSLY NEGLIGENT ACTS OF COMMISSION OR OMISSION.
§ 2. The general obligations law is amended by adding a new article 10
to read as follows:
ARTICLE 10
EXEMPTION OF CERTAIN PERSONS FROM CIVIL LIABILITY
PERSONS ASSISTING IN SPORTS PROGRAMS
SECTION 10-101. DEFINITIONS.
10-102. IMMUNITY FROM LIABILITY.
§ 10-101. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. YOUTHS PROGRAM. A YOUTHS PROGRAM SHALL MEAN ANY RECREATIONAL ACTIV-
ITY 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.
§ 10-102. IMMUNITY FROM LIABILITY. 1. EXCEPT AS OTHERWISE PROVIDED IN
THIS ARTICLE, 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 IN SUCH PROGRAM AS A RESULT OF SUCH
PERSON'S ACT OF COMMISSION OR OMISSION ARISING OUT OF AND IN THE COURSE
OF SUCH PERSON'S RENDERING OF SERVICES OR ASSISTANCE RELATING THERETO.
2. NOTHING IN THIS SECTION SHALL BE DEEMED TO GRANT IMMUNITY TO ANY
PERSON CAUSING DAMAGE OR INJURY AS A RESULT OF HIS OR HER WILLFUL,
WANTON OR GROSSLY NEGLIGENT ACTS OF COMMISSION OR OMISSION.
§ 3. This act shall take effect immediately.