Bill Text: NY A06069 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that the owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others engaged generally in recreational activities.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2014-05-28 - held for consideration in judiciary [A06069 Detail]

Download: New_York-2013-A06069-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6069
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 14, 2013
                                      ___________
       Introduced by M. of A. FRIEND -- read once and referred to the Committee
         on Judiciary
       AN  ACT to amend the general obligations law, in relation to the duty to
         keep premises safe for certain uses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph a of subdivision 1 of section 9-103 of the gener-
    2  al obligations law, as separately amended by chapters 141 and 286 of the
    3  laws of 1984, is amended to read as follows:
    4    a.  an owner, lessee or occupant of premises, whether or not posted as
    5  provided in section 11-2111 of the environmental conservation law,  owes
    6  no  duty  to keep the premises safe for entry or use by others for hunt-
    7  ing, fishing, organized gleaning as defined in section seventy-one-y  of
    8  the  agriculture  and  markets law, canoeing, boating, trapping, hiking,
    9  cross-country skiing, tobogganing, sledding,  speleological  activities,
   10  horseback riding, bicycle riding, hang gliding, motorized vehicle opera-
   11  tion for recreational purposes, snowmobile operation, cutting or gather-
   12  ing  of wood for non-commercial purposes [or], training of dogs OR OTHER
   13  RECREATIONAL ACTIVITIES, or to give warning of any  hazardous  condition
   14  or  use of or structure or activity on such premises to persons entering
   15  for such purposes;
   16    S 2. Paragraphs b and c of subdivision  2  of  section  9-103  of  the
   17  general  obligations law, as amended by chapter 408 of the laws of 1979,
   18  are amended to read as follows:
   19    b. for injury suffered in any case where permission to pursue  any  of
   20  the  activities [enumerated] DESCRIBED in this section was granted for a
   21  consideration other than the consideration, if any, paid to  said  land-
   22  owner  by  the  state or federal government, or permission to train dogs
   23  was granted for a consideration other than that provided for in  section
   24  11-0925 of the environmental conservation law; or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08531-01-3
       A. 6069                             2
    1    c.  for injury caused, by acts of persons to whom permission to pursue
    2  any of the activities [enumerated] DESCRIBED in this section was  grant-
    3  ed,  to  other persons as to whom the person granting permission, or the
    4  owner, lessee or occupant of the premises, owed a duty to keep the prem-
    5  ises safe or to warn of danger.
    6    S 3.  This act shall take effect immediately.