What's happening
This bill exempts unpaid volunteer coaches, managers, referees, assistants, and board members of youth programs from civil liability, except for willful, wanton, or grossly negligent acts.
Why it matters
Encourages Volunteerism. By shielding unpaid volunteers from most civil lawsuits, the bill may make it easier for youth programs to recruit and retain coaches, referees, and board members, potentially expanding opportunities for youth participation.
Limits Legal Risk for Individuals. Volunteers in qualifying youth organizations will not have to worry about personal financial risk from lawsuits for ordinary accidents or mistakes, making it less daunting for people to step into these roles.
Distinguishes Ordinary Negligence from Misconduct. The bill preserves the right to sue in cases of willful misconduct, gross negligence, or reckless behavior, ensuring that serious wrongdoing is still subject to legal accountability.
Applies Broadly Across Youth Organizations. The definition of "youths program" includes a wide array of well-known and similar organizations, covering a significant portion of recreational and athletic activities for minors in New York.
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Who cares
Volunteer youth coaches, leaders and officials
The bill would shield unpaid coaches, managers, umpires, referees, leaders and assistants from participants’ civil damages claims arising from their services, except for willful, wanton or grossly negligent conduct.
Youth program board members
Unpaid volunteer directors would receive the same liability protection for acts or omissions in the course of their program services.
Scouting organizations, YMCAs and similar youth organizations
Volunteers in their recreational or athletic programs for people age 18 or younger would qualify for the bill’s protections, and reimbursement of reasonable expenses would not count as compensation.
Youth program participants
The bill would limit their ability to recover civil damages from covered volunteers while preserving claims for injuries caused by willful, wanton or grossly negligent conduct.
Headline styles
Protect Youth Program Volunteers
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Held for consideration in judiciary
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5541
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
Introduced by M. of A. MANKTELOW, MONTESANO, HAWLEY, REILLY, CROUCH -- Multi-Sponsored by -- M. of A. GIGLIO -- read once and referred to the Committee on Judiciary
AN ACT to amend the not-for-profit corporation law and the general obligations 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 Assembly, 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 International, 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.
LBD08935-01-9
A. 5541 2
in such program as a result of such person's acts of commission or omission 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 title, the following terms shall have the following meanings:
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 International, 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.
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