Assembly Bill A5296

2021-2022 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Stricken

  • 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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2021-A5296 (ACTIVE) - Details

Law Section:
General Obligations Law
Laws Affected:
Add Art 3 Title 7 §§3-701 & 3-702, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1831
2011-2012: A2936
2013-2014: A5082
2015-2016: A2348
2017-2018: A797
2019-2020: A1876

2021-A5296 (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.

2021-A5296 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5296
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee 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.
   § 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-
 LY  FOR  THE RECREATIONAL AND ATHLETIC BENEFIT OF PERSONS UNDER EIGHTEEN
 YEARS OF AGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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