Bill Text: NY S00837 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 837 (Prior Session Legislation)

Introduced

Bill Title: Relates to the liability of landowners who permit recreational uses of their land; establishes landowners owe no duty to keep premises safe for entry, passage over premises or other recreational uses or to give warning of any hazardous condition of use of or structure or activity on such premises to persons entering for such purposes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO JUDICIARY [S00837 Detail]

Download: New_York-2009-S00837-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          837
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2009
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Judiciary
       AN ACT to amend the general obligations law, in relation to the  liabil-
         ity of landowners who permit recreational 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 and a new subdivision 4 is  added  to  read  as
    4  follows:
    5    a.  an owner, lessee or occupant of premises, whether or not posted as
    6  provided in section 11-2111 of the environmental conservation law,  owes
    7  no  duty: (1) to keep the premises safe for entry, PASSAGE OVER PREMISES
    8  or use by others for hunting, fishing, organized gleaning as defined  in
    9  section  seventy-one-y  of  the  agriculture  and markets law, canoeing,
   10  boating, trapping, hiking, cross-country skiing, tobogganing,  sledding,
   11  speleological  activities,  horseback riding, bicycle riding, hang glid-
   12  ing, motorized vehicle operation for recreational  purposes,  snowmobile
   13  operation,  cutting  or  gathering  of  wood for non-commercial purposes
   14  [or], training of dogs, AND ANY OTHER RECREATIONAL USE; or (2)  to  give
   15  warning of any hazardous condition or use of or structure or activity on
   16  such premises to persons entering for such purposes;
   17    4.  FOR  THE PURPOSES OF THIS SECTION THE TERM OCCUPANT SHALL INCLUDE,
   18  BUT NOT BE LIMITED TO, THOSE ORGANIZATIONS,  ENTITIES,  OR  PERSONS  WHO
   19  INDIVIDUALLY  OR  COLLECTIVELY  DEVELOP AND/OR MAINTAIN TRAILS AND OTHER
   20  RECREATIONAL FACILITIES FOR USE BY THE PUBLIC.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02459-01-9