New York Assembly Bill A03649 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3649 2023-2024 Regular Sessions  IN ASSEMBLY 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: 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. LBD04572-01-3 
 A. 3649 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 article, 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.