Bill Text: NY A00928 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 928 (Prior Session Legislation)

Introduced

Bill Title: Exempts state and public corporations from liability for injury to property or personal injury, including death, of persons using public beaches when lifeguards are not on duty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-12 - enacting clause stricken [A00928 Detail]

Download: New_York-2011-A00928-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          928
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
         tee on Judiciary
       AN ACT to amend the general obligations law, in relation to exemption of
         the state and public corporations from liability for injury to proper-
         ty or personal injury, including death,  of  persons  who  use  public
         beaches  for fishing, surfboarding or scuba diving when lifeguards are
         not on duty
         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, SURFBOARDING, SCUBA DIVING, organized gleaning as  defined
    8  in  section  seventy-one-y of the agriculture and markets law, canoeing,
    9  boating, trapping, hiking, cross-country skiing, tobogganing,  sledding,
   10  speleological  activities,  horseback riding, bicycle riding, hang glid-
   11  ing, motorized vehicle operation for recreational  purposes,  snowmobile
   12  operation,  cutting  or gathering of wood for non-commercial purposes or
   13  training of dogs, or to give warning of any hazardous condition  or  use
   14  of  or  structure  or  activity on such premises to persons entering for
   15  such purposes;
   16    S 2. Section 9-103 of the general obligations law is amended by adding
   17  a new subdivision 1-a to read as follows:
   18    1-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  THE   IMMUNITY
   19  CONFERRED  BY  SUBDIVISION ONE OF THIS SECTION ON THE OWNERS, LESSEES OR
   20  OCCUPANTS OF PREMISES FROM LIABILITY FOR INJURY TO PROPERTY OR  PERSONAL
   21  INJURY,  INCLUDING  DEATH, OF PERSONS WHO ENTER OR USE SUCH PREMISES FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00927-01-1
       A. 928                              2
    1  FISHING, SURFBOARDING OR SCUBA DIVING  SHALL  APPLY  TO  PUBLIC  BEACHES
    2  OWNED  OR OPERATED BY THE STATE OR A PUBLIC CORPORATION DURING THE HOURS
    3  WHEN LIFEGUARDS ARE NOT ON DUTY.
    4    S 3. This act shall take effect immediately.