WILLIAM DONALD SCHAEFER, Governor                           Ch. 576

(e) The provisions of this section do not apply to suits brought by the Attorney
General upon referral by the Secretary of State in which willful violations of Article 41, §§
3-201 through 3-214 OF THE CODE are alleged and proven.

(F)      (1) THIS SECTION DOES NOT CREATE, AND MAY NOT BE CONSTRUED AS
CREATING, A NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST AN
ASSOCIATION OR ORGANIZATION OR AN AGENT OF AN ASSOCIATION OR
ORGANIZATION.

(2) THIS SECTION DOES NOT AFFECT, AND MAY NOT BE CONSTRUED AS
AFFECTING, ANY IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES ESTABLISHED
BY ANY OTHER PROVISION OF THE CODE OR AVAILABLE AT COMMON LAW, TO
WHICH AN ASSOCIATION OR ORGANIZATION OR AN AGENT OF AN ASSOCIATION OR
ORGANIZATION MAY BE ENTITLED.

(G)     THIS SECTION MAY BE CITED AS THE MARYLAND ASSOCIATIONS,
ORGANIZATIONS, AND AGENTS ACT.

5-313.

(a) (1) In this section the following words have the meanings indicated.

(2) "ATHLETIC OFFICIAL" MEANS AN INDIVIDUAL WHO OFFICIATES,
REFEREES, OR UMPIRES AN INTERSCHOLASTIC, INTERCOLLEGIATE, OR ANY OTHER
AMATEUR ATHLETIC CONTEST CONDUCTED BY A NONPROFIT OR GOVERNMENTAL
BODY.

[(2)] (3) (i) "Community recreation program" means an athletic, fitness,
or recreation activity:

1.        Organized for pleasure, recreation, or other nonprofit
purposes;

2.        That has substantially all of its activities conducted for
pleasure, recreation, or other nonprofit purposes; and

3.        That does not have any part of the net earnings benefiting
any private shareholder.

(ii) "Community recreation program" does not include a public or
private educational institution's athletic program.

(4) "COMPENSATION" DOES NOT INCLUDE ACTUAL AND NECESSARY
EXPENSES THAT ARE INCURRED BY A VOLUNTEER IN CONNECTION WITH THE
SERVICES PROVIDED OR DUTIES PERFORMED BY THE VOLUNTEER ON BEHALF OF A
COMMUNITY RECREATION PROGRAM, AND THAT ARE REIMBURSED TO THE
VOLUNTEER OR OTHERWISE PAID.

[(3)] (5) "Volunteer" means a person who[, except for reimbursement of
expenses,] provides services [or assistance] OR PERFORMS DUTIES as an athletic coach,
manager, official, program leader, or assistant for a community recreation program [free
of charge] WITHOUT RECEIVING COMPENSATION.

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