PRIOR PRINTER'S NO. 2071 PRINTER'S NO. 3130
No. 1625 Session of 1985
INTRODUCED BY FLICK, PIEVSKY, FOX, MAIALE, CIMINI, CHADWICK,
HALUSKA, HASAY, NAHILL, DISTLER, GODSHALL, BATTISTO, MERRY,
CARLSON, GLADECK, FARGO, VROON, ARGALL, GREENWOOD,
J. L. WRIGHT, SCHEETZ, LANGTRY, BELFANTI, O'BRIEN, MARKOSEK,
WILSON, A. C. FOSTER, JR., PITTS, DORR, CIVERA, FISCHER,
BOWSER, SAURMAN, HERSHEY, MORRIS, NOYE, BUSH, E. Z. TAYLOR,
COY, OLASZ, PHILLIPS, HOWLETT, PETRONE, VEON, RUDY, ROBBINS,
KENNEY, MAYERNIK, COWELL AND MICOZZIE, SEPTEMBER 18, 1985
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 19, 1986
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for A manager, <--
3 coach, umpire or referee and nonprofit association good <--
4 Samaritan civil immunity NEGLIGENCE STANDARD in the conduct <--
5 of certain sports programs.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 42 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 8332.1. Manager, coach, umpire or referee and nonprofit
11 association good Samaritan civil immunity NEGLIGENCE <--
12 STANDARD.
13 (a) General rule.--Except as provided otherwise in this
14 section, no person who, without compensation and as a volunteer,
15 renders services as a manager, coach, INSTRUCTOR, umpire or <--
16 referee or as an assistant to a manager or coach WHO, WITHOUT <--
1 COMPENSATION AND AS A VOLUNTEER, ASSISTS A MANAGER, COACH,
2 INSTRUCTOR, UMPIRE OR REFEREE in a sports program of a nonprofit
3 association, and no nonprofit association, or any officer or
4 employee thereof, conducting OR SPONSORING a sports program, <--
5 shall be liable to any person for any civil damages as a result
6 of any acts or omissions in rendering such services or in
7 conducting OR SPONSORING such sports program. The immunity <--
8 conferred by this section shall not apply to any acts or
9 omissions intentionally designed to harm or to any grossly
10 negligent acts or omissions which result in harm to the person.
11 (b) Exception.--Nothing in this section shall be construed
12 UNLESS THE CONDUCT OF SUCH PERSON OR NONPROFIT ASSOCIATION FALLS <--
13 SUBSTANTIALLY BELOW THE STANDARDS GENERALLY PRACTICED AND
14 ACCEPTED IN LIKE CIRCUMSTANCES BY SIMILAR PERSONS OR SIMILAR
15 NONPROFIT ASSOCIATIONS RENDERING SUCH SERVICES OR CONDUCTING OR
16 SPONSORING SUCH SPORTS PROGRAMS AND UNLESS IT IS SHOWN THAT SUCH
17 PERSON OR NONPROFIT ASSOCIATION DID AN ACT OR OMITTED THE DOING
18 OF AN ACT WHICH SUCH PERSON OR NONPROFIT ASSOCIATION WAS UNDER A
19 RECOGNIZED DUTY TO ANOTHER TO DO, KNOWING OR HAVING REASON TO
20 KNOW THAT SUCH ACT OR OMISSION CREATED A SUBSTANTIAL RISK OF
21 ACTUAL HARM TO THE PERSON OR PROPERTY OF ANOTHER. IT SHALL BE
22 INSUFFICIENT TO IMPOSE LIABILITY TO ESTABLISH ONLY THAT THE
23 CONDUCT OF SUCH PERSON OR NONPROFIT ASSOCIATION FELL BELOW
24 ORDINARY STANDARDS OF CARE.
25 (B) EXCEPTIONS.--
26 (1) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS
27 AFFECTING OR MODIFYING THE LIABILITY OF SUCH PERSON OR
28 NONPROFIT ASSOCIATION FOR ANY OF THE FOLLOWING:
29 (I) ACTS OR OMISSIONS RELATING TO THE TRANSPORTATION
30 OF PARTICIPANTS IN A SPORTS PROGRAM OR OTHERS TO OR FROM
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1 A GAME, EVENT OR PRACTICE.
2 (II) ACTS OR OMISSIONS RELATING TO THE CARE AND
3 MAINTENANCE OF REAL ESTATE UNRELATED TO THE PRACTICE OR
4 PLAYING AREAS WHICH SUCH PERSONS OR NONPROFIT
5 ASSOCIATIONS OWN, POSSESS OR CONTROL.
6 (2) NOTHING IN THIS SECTION SHALL BE CONSTRUED as
7 affecting or modifying any existing legal basis for
8 determining the liability, or any defense thereto, of any
9 person not covered by the immunity conferred STANDARD OF <--
10 NEGLIGENCE ESTABLISHED by this section.
11 (C) ASSUMPTION OF RISK OR CONTRIBUTORY FAULT.--NOTHING IN <--
12 THIS SECTION SHALL BE CONSTRUED AS AFFECTING OR MODIFYING THE
13 DOCTRINE OF ASSUMPTION OF RISK OR CONTRIBUTORY FAULT ON THE PART
14 OF THE PARTICIPANT.
15 (c) (D) Definitions.--As used in this section the following <--
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Compensation." The term shall not include reimbursement for
19 reasonable expenses actually incurred or to be incurred OR, <--
20 SOLELY IN THE CASE OF UMPIRES OR REFEREES, A MODEST HONORARIUM.
21 "Nonprofit association." An entity which is organized as a
22 nonprofit corporation or nonprofit unincorporated association
23 under the laws of this Commonwealth or the United States or any
24 entity which is authorized to do business in this Commonwealth
25 as a nonprofit corporation or unincorporated association under
26 the laws of this Commonwealth, including, but not limited to,
27 youth or athletic associations, volunteer fire, ambulance,
28 religious, charitable, fraternal, veterans, civic, county fair
29 or agricultural associations, or any separately chartered
30 auxiliary of the foregoing, if organized and operated on a
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1 nonprofit basis.
2 "Sports program." Baseball (including softball), football,
3 basketball, soccer and any other competitive sport formally
4 recognized as a sport of BY THE UNITED STATES OLYMPIC COMMITTEE <--
5 AS SPECIFIED BY AND UNDER THE JURISDICTION OF THE AMATEUR SPORTS
6 ACT OF 1978 (PUBLIC LAW 95-606, 36 U.S.C. § 371 ET SEQ.), the
7 Amateur Athletic Union or the National Collegiate Athletic
8 Association. The term shall be limited to a program which is <--
9 operated primarily for the recreational and athletic benefit of
10 persons under 18 years of age. OR THAT PORTION OF A PROGRAM THAT <--
11 IS ORGANIZED FOR RECREATIONAL PURPOSES AND WHOSE ACTIVITIES ARE
12 SUBSTANTIALLY FOR SUCH PURPOSES AND WHICH IS PRIMARILY FOR
13 PARTICIPANTS WHO ARE 18 YEARS OF AGE OR YOUNGER OR WHOSE 19TH
14 BIRTHDAY OCCURS DURING THE YEAR OF PARTICIPATION OR THE
15 COMPETITIVE SEASON, WHICHEVER IS LONGER. THERE SHALL, HOWEVER,
16 BE NO AGE LIMITATION FOR PROGRAMS OPERATED FOR THE PHYSICALLY
17 HANDICAPPED OR MENTALLY RETARDED.
18 Section 2. This act shall take effect in 60 days.
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