HB 1269 – AS INTRODUCED

2012 SESSION

12-2219

06/04

HOUSE BILL 1269

AN ACT relative to immunity from civil liability for sports officials.

SPONSORS: Rep. Hinch, Hills 19; Rep. Bettencourt, Rock 4; Sen. White, Dist 9

COMMITTEE: Judiciary

ANALYSIS

This bill limits the civil liability of sports officials at athletic events.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2219

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to immunity from civil liability for sports officials.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph, Volunteers, Nonprofit Organizations, Liability Limited; Sports Officials. Amend RSA 508:17 by inserting after paragraph I-a the following new paragraph:

I-b. Any person who acts as a sports official at an athletic event or activity sponsored by a nonprofit organization, for-profit organization, or governmental entity shall be immune from civil liability in any action brought on the basis of any act or omission resulting in damage or injury to another person if:

(a) The sponsoring authority has a record indicating the official was properly scheduled to officiate the specific game or event;

(b) The sports official was acting in good faith and within the scope of official functions and duties during the sports event; and

(c) The damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the official.

2 New Subparagraph; Definition; Sports Official. Amend RSA 508:17, V by inserting after subparagraph (c) the following new subparagraph:

(d) “Sports official” means an individual who officiates any sporting event who is a volunteer, receives compensation, or obtains reimbursement for expenses actually incurred for rendering such services. A sports official shall possess proper certification from a duly constituted organized sports association for the specific sport he or she is officiating or a validation of competence for the rules, procedures, practices, and programs for such specific athletic activity from a local youth association.

3 Effective Date. This act shall take effect 60 days after its passage.