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90_SB0918
20 ILCS 3950/8 new
745 ILCS 80/1 from Ch. 70, par. 701
Amends the Governor's Council on Physical Fitness and
Sports Act. Provides that the Governor's Physical Fitness
and Sports Council shall establish minimum standards for the
accreditation of Coaches' Safety Orientation and Training
Skills Programs. Amends the Sports Volunteer Immunity Act.
Provides that coaches, instructors, assistants, umpires, and
referees who have completed the Coaches' Safety Orientation
and Training Skills Program are immune from civil liability
relating to their volunteer service for sports programs of a
nonprofit association.
LRB9003472RCksA
LRB9003472RCksA
1 AN ACT in relation to sports and physical fitness;
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Governor's Council on Physical Fitness
6 and Sports Act is amended by adding Section 8 as follows:
7 (20 ILCS 3950/8 new)
8 Sec. 8. The Governor's Physical Fitness and Sports
9 Council shall establish by rule, minimum standards for the
10 accreditation of Coaches' Safety Orientation and Training
11 Skills Programs. The programs, at a minimum, shall cover the
12 medical, legal and first aid aspects of coaching; s;
13 psychological aspects of coaching; and general coaching
14 concepts. For purposes of the Sports Volunteer Immunity Act,
15 these programs are valid for 3 years from the date of
16 completion of the program.
17 Section 10. The Sports Volunteer Immunity Act is amended
18 by changing Section 1 as follows:
19 (745 ILCS 80/1) (from Ch. 70, par. 701)
20 Sec. 1. Manager, coach, umpire or referee negligence
21 standard. (a) General rule. Except as provided otherwise in
22 this Section, no person who, without compensation and as a
23 volunteer, renders services as a manager, coach, instructor,
24 umpire or referee in a sports program of a nonprofit
25 association, or who, without compensation and as a volunteer,
26 assists a manager, coach, instructor, umpire or referee in a
27 sports program of a nonprofit association, and who has as a
28 coach, manager, instructor, or assistant completed a Coaches'
29 Safety Orientation and Training Skills Program, as
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1 established by the Governor's Physical Fitness and Sports
2 Council under Section 8 of the Governor's Council on
3 Physical Fitness and Sports Act, shall be liable to any
4 person for any civil damages as a result of any acts or
5 omissions in rendering such services or in conducting or
6 sponsoring such sports program, unless the conduct of such
7 person falls substantially below the standards generally
8 practiced and accepted in like circumstances by similar
9 persons rendering such services or conducting or sponsoring
10 such sports programs, and unless it is shown that such person
11 did an act or omitted the doing of an act which such person
12 was under a recognized duty to another to do, knowing or
13 having reason to know that such act or omission created a
14 substantial risk of actual harm to the person or property of
15 another. It shall be insufficient to impose liability to
16 establish only that the conduct of such person fell below
17 ordinary standards of care.
18 (b) Exceptions.
19 (1) Nothing in this Section shall be construed as
20 affecting or modifying the liability of such person or a
21 nonprofit association for any of the following:
22 (i) acts or omissions relating to the transportation of
23 participants in a sports program or others to or from a game,
24 event or practice.
25 (ii) acts or omissions relating to the care and
26 maintenance of real estate unrelated to the practice or
27 playing areas which such persons or nonprofit associations
28 own, possess or control.
29 (2) Nothing in this Section shall be construed as
30 affecting or modifying any existing legal basis for
31 determining the liability, or any defense thereto, of any
32 person not covered by the standard of negligence established
33 by this Section.
34 (c) Assumption of risk or comparative fault. Nothing in
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1 this Section shall be construed as affecting or modifying the
2 doctrine of assumption of risk or comparative fault on the
3 part of the participant.
4 (d) Definitions. As used in this Act the following
5 words and phrases shall have the meanings given to them in
6 this subsection:
7 "Compensation" means any payment for services performed
8 but does not include reimbursement for reasonable expenses
9 actually incurred or to be incurred or, solely in the case of
10 umpires or referees, a modest honorarium.
11 "Nonprofit association" means an entity which is
12 organized as a not-for-profit corporation under the laws of
13 this State or the United States or a nonprofit unincorporated
14 association or any entity which is authorized to do business
15 in this State as a not-for-profit corporation under the laws
16 of this State, including, but not limited to, youth or
17 athletic associations, volunteer fire, ambulance, religious,
18 charitable, fraternal, veterans, civic, county fair or
19 agricultural associations, or any separately chartered
20 auxiliary of the foregoing, if organized and operated on a
21 nonprofit basis.
22 "Sports program" means baseball (including softball),
23 football, basketball, soccer or any other competitive sport
24 formally recognized as a sport by the United States Olympic
25 Committee as specified by and under the jurisdiction of the
26 Amateur Sports Act of 1978 (36 U.S.C. 371 et seq.), the
27 Amateur Athletic Union or the National Collegiate Athletic
28 Association. The term shall be limited to a program or that
29 portion of a program that is organized for recreational
30 purposes and whose activities are substantially for such
31 purposes and which is primarily for participants who are 18
32 years of age or younger or whose 19th birthday occurs during
33 the year of participation or the competitive season,
34 whichever is longer. There shall, however, be no age
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1 limitation for programs operated for the physically
2 handicapped or mentally retarded.
3 (e) Nothing in this Section is intended to bar any cause
4 of action against a nonprofit association or change the
5 liability of such an association which arises out of an act
6 or omission of any person exempt from liability under this
7 Act.
8 (Source: P.A. 85-959.)