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.
                                                                   LBD08493-03-9

        S. 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.
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