CHAPTER 258

FORMERLY

HOUSE BILL NO. 411

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 68, TITLE 16, DELAWARE CODE, RELATING TO EXEMPTIONS FROM CIVIL LIABILITY OF CERTAIN PERSONS ASSOCIATED WITH NON- PROFIT SPORTS PROGRAMS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 68, Title 16, Delaware Code, by establishing a new Subchapter V to read as follows:

"SUBCHAPTER V. NON- PROFIT SPORTS LIABILITY LIMITATION ACT §6835. Definitions

As used in this subchapter:

(1) The term 'compensation' does not include:

(a) any gift; or

(b) any reimbursement for any reasonable expense, incurred for the benefit of a non- profit sports program.

(2) The term ' member of the qualified staff' means any person who:

(a) is a manager, coach, umpire, or referee;

(b) an assistant to a manager, coach, umpire, or referee; or

(c) prepares any playing field for any practice session or any formal game.

(3) The term 'negligent act or omission' shall be defined in accordance with applicable State law, except that such meaning shall not include any reckless act or omission nor any grossly negligent act or omission.

(4) The term 'non- profit sports program' means any program (whether or not it Is registered with or recognized by the State or any political subdivision of the State:

(a) that is in a competitive sport formally recognized as a sport, on the date the cause of action to which this Act applies arises, by the Amateur Athletic Union or The National Collegiate Athletic Association;

(b) that is organized for recreational purposes and whose activities are substantially for such purposes; and

(c) no part of whose net earnings inures to the benefit of any private person. §6836. Limitation on Liability or Non-profit Sports Programs

(a) Uncompensated qualified staff Any person who renders services without compensation as a member of the qualified staff of a non- profit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of such qualified member occurring in the performance of any duty of such qualified member to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.

(b) Sponsors and operators Any person who sponsors or operates a non. profit sports program shall not be liable under the laws of this State for civil damages resulting from any negiligent act or omission of any person who renders services without compensation as a member of the qualified staff of a non profit sports program and occurring in the performance of any duty of such qualified member to the extent that said damages exceed either liability insurance coverage applicable to the negligent act or omission or minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.

§6537. Applicability

The provisions of this Act shall apply to any cause of action arising after the enactment of this Act."

Approved April 21, 1986.