Assembly Bill A5082

2013-2014 Legislative Session

Provides civil immunity from damages for volunteers assisting in sports programs of non-profit-making organizations

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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2013-A5082 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add Art 3 Title 7 ยงยง3-701 & 3-702, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1831
2011-2012: A2936
2015-2016: A2348
2017-2018: A797
2019-2020: A1876
2021-2022: A5296

2013-A5082 (ACTIVE) - Summary

Provides that any person who voluntarily and without compensation renders certain volunteer service in sports programs of non-profit-making organizations shall be immune from liability for civil damages for acts or omissions in rendering such service unless the act or omission constituted gross negligence or wilfull misconduct on the part of any such person.

2013-A5082 (ACTIVE) - Bill Text download pdf 

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

                                  5082

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. BUTLER,
  FINCH, KOLB, 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.
                                                           LBD08938-01-3

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