S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5577

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. OAKS, CALHOUN, GIGLIO, HAWLEY, KOLB, TOWNSEND --
  Multi-Sponsored by -- M. of A.  BACALLES,  BARCLAY,  BURLING,  BUTLER,
  CONTE,  CORWIN, DUPREY, ERRIGO, FINCH, FITZPATRICK, JORDAN, McDONOUGH,
  MILLER, MOLINARO, O'MARA, RABBITT, RAIA, REILICH, SAYWARD, SCOZZAFAVA,
  THIELE, WALKER -- 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:
S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05183-01-9
              

A. 5577                             2

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 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.
  S 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.
  S  10-101.  DEFINITIONS.  AS  USED  IN THIS TITLE, 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.
  S 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.
  S 3. This act shall take effect immediately.