Bill Text: NY S07294 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Exempts state and public corporations from liability for injuries and death of persons kayaking, surfboarding or scuba diving when lifeguards are not on duty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-09 - REFERRED TO JUDICIARY [S07294 Detail]

Download: New_York-2013-S07294-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7294
                                   I N  S E N A T E
                                      May 9, 2014
                                      ___________
       Introduced  by  Sen. ADDABBO -- 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 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 kayaking, 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] KAYAKING, SURFBOARDING, SCUBA DIVING, organized gleaning
    8  as defined in section seventy-one-y of the agriculture and markets  law,
    9  canoeing,  boating, trapping, hiking, cross-country skiing, tobogganing,
   10  sledding, speleological activities, horseback  riding,  bicycle  riding,
   11  hang  gliding,  motorized  vehicle  operation for recreational purposes,
   12  snowmobile operation, cutting or gathering of  wood  for  non-commercial
   13  purposes or training of dogs, or to give warning of any hazardous condi-
   14  tion  or  use  of  or  structure or activity on such premises to persons
   15  entering for 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
   22  KAYAKING, SURFBOARDING OR SCUBA DIVING SHALL  APPLY  TO  PUBLIC  BEACHES
   23  OWNED  OR OPERATED BY THE STATE OR A PUBLIC CORPORATION DURING THE HOURS
   24  WHEN LIFEGUARDS ARE NOT ON DUTY.
   25    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14690-02-4