Bill Text: NY S05934 | 2019-2020 | General Assembly | Amended
Bill Title: Removes liability for the death of a person caused by any act of persons permitted to use certain premises and removes liability from the owner, lessee or occupant of premises adjacent to such premises.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-05 - PRINT NUMBER 5934A [S05934 Detail]
Download: New_York-2019-S05934-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5934--A 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ Introduced by Sens. HARCKHAM, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general obligations law and the soil and water conservation districts law, in relation to the use of certain premises and the responsibility for acts of such users on the premises or on adjacent premises The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs a and b of subdivision 1 of section 9-103 of the 2 general obligations law, paragraph a as separately amended by chapters 3 141 and 286 of the laws of 1984 and paragraph b as amended by chapter 4 408 of the laws of 1979, are amended and a new paragraph d is added to 5 read as follows: 6 a. an owner, lessee or occupant of premises, whether or not posted as 7 provided in section 11-2111 of the environmental conservation law, owes 8 no duty to keep the premises safe for entry or use by others for hunt- 9 ing, fishing, organized gleaning as defined in section seventy-one-y of 10 the agriculture and markets law, canoeing, boating, trapping, hiking, 11 cross-country skiing, tobogganing, sledding, speleological activities, 12 horseback riding, bicycle riding, hang gliding, motorized vehicle opera- 13 tion for recreational purposes, snowmobile operation, cutting or gather- 14 ing of wood for non-commercial purposes, recreational trail use or 15 training of dogs, or to give warning of any hazardous condition or use 16 of or structure or activity on such premises to persons entering for 17 such purposes[;]. 18 b. an owner, lessee or occupant of premises who gives permission to 19 another to pursue any such activities upon such premises does not there- 20 by (1) extend any assurance that the premises are safe for such purpose, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08493-03-9S. 5934--A 2 1 or (2) constitute the person to whom permission is granted an invitee to 2 whom a duty of care is owed, or (3) assume responsibility for or incur 3 liability for any injury to person or property or for the death of any 4 person caused by any act of persons to whom the permission is granted. 5 d. an owner, lessee or occupant of premises adjoining premises being 6 used as permitted pursuant to paragraph b of this subdivision for recre- 7 ational trail use or any other activity stated in paragraph a of this 8 subdivision shall not be liable to any actions of any type resulting 9 from, or caused by, persons engaging in such activities trespassing on 10 such adjacent premises, and no owner, lessee or occupant of premises 11 adjoining premises being used as permitted pursuant to paragraph b of 12 this subdivision shall be liable for any actions of any type started on, 13 or taking place within, the boundaries of the premises being used pursu- 14 ant to paragraph b of this subdivision arising out of the activities of 15 other parties. 16 § 2. Subdivision 18 of section 3 of the soil and water conservation 17 districts law, as added by chapter 362 of the laws of 1996, is amended 18 to read as follows: 19 (18) "Recreational use" means any activity undertaken out of doors for 20 purposes of mental or physical enjoyment and relaxation and may include, 21 but shall not be limited to, hunting, fishing, canoeing, boating, trap- 22 ping, hiking, cross country skiing, tobogganing, sledding, speleological 23 activities, horseback riding, bicycle riding, hang gliding, motorized 24 vehicle operation for recreational purposes, snowmobile operation, 25 recreational trail use and training of dogs. 26 § 3. This act shall take effect immediately.