S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1795

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 12, 2009
                                      ___________

       Introduced  by  M. of A. CALHOUN, CROUCH, THIELE, TEDISCO -- Multi-Spon-
         sored by -- M. of A.  FINCH, MILLER -- read once and referred  to  the
         Committee on Local Governments

       AN  ACT  to  amend  the  general  municipal law, in relation to limiting
         liability of public entities for injuries sustained on  or  in  public
         recreational facilities

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The general municipal law is amended by adding a new  arti-
    2  cle 4-A to read as follows:
    3                                  ARTICLE 4-A
    4                        LIABILITY OF PUBLIC ENTITIES
    5  SECTION 60. DEFINITIONS.
    6          61. APPLICATION.
    7          62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
    8                PUBLIC RECREATIONAL FACILITIES.
    9    S 60. DEFINITIONS. AS USED IN THIS ARTICLE:
   10    1.  "PUBLIC  ENTITY"  MEANS  (A)  A COUNTY, CITY, TOWN, VILLAGE OR ANY
   11  OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE; (B) A SCHOOL
   12  DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR ANY OTHER GOVERN-
   13  MENTAL ENTITY OR COMBINATION OR  ASSOCIATION  OF  GOVERNMENTAL  ENTITIES
   14  OPERATING  A  PUBLIC SCHOOL, COLLEGE OR COMMUNITY COLLEGE OR UNIVERSITY,
   15  EXCEPT A STATE UNIVERSITY; (C) A PUBLIC IMPROVEMENT OR SPECIAL  DISTRICT
   16  OR DISTRICT CORPORATION; (D) A PUBLIC BENEFIT CORPORATION; (E) A MUNICI-
   17  PAL  HOUSING AUTHORITY; OR (F) ANY OTHER PUBLIC CORPORATION OR POLITICAL
   18  SUBDIVISION OF THE STATE.
   19    2. "OPERATOR" MEANS A PERSON OR PERSONS UNDER CONTRACT WITH  A  PUBLIC
   20  ENTITY  TO  PROVIDE  FOR  THE OPERATION, MAINTENANCE OR BOTH OF A PUBLIC
   21  RECREATIONAL FACILITY.
   22    3. "PUBLIC RECREATIONAL FACILITY" MEANS A FACILITY OWNED BY  A  PUBLIC
   23  ENTITY  FOR  THE USE OF THE GENERAL PUBLIC AS SPECTATORS OR PARTICIPANTS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02247-01-9
       A. 1795                             2

    1  IN RECREATION ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SKIING, GOLFING,
    2  SWIMMING, TENNIS, ICE SKATING OR ICE HOCKEY  FACILITIES,  TOGETHER  WITH
    3  ALL BUILDINGS, STRUCTURES, MACHINERY, EQUIPMENT, FACILITIES AND APPURTE-
    4  NANCES THERETO.
    5    S  61.  APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
    6  CAUSES OF ACTION FOR PERSONAL INJURY, INJURY  TO  PROPERTY  OR  WRONGFUL
    7  DEATH AGAINST A PUBLIC ENTITY.
    8    S  62.  LIABILITY  OF  PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
    9  PUBLIC RECREATIONAL FACILITIES. IN ORDER TO ENCOURAGE  THE  GRANTING  OF
   10  ACCESS TO PUBLIC RECREATIONAL FACILITIES, IT IS HEREBY DECLARED THAT USE
   11  BY  THE  PUBLIC OF SUCH FACILITIES INCLUDES AN ASSUMPTION OF RISK BY THE
   12  USER.  NOTWITHSTANDING THE PROVISIONS OF SECTION 5-326  OF  THE  GENERAL
   13  OBLIGATIONS  LAW,  ACTIONS FOR INJURIES SUSTAINED ON OR IN PUBLIC RECRE-
   14  ATIONAL FACILITIES, INCLUDING EQUIPMENT, DEVICES, ATTRACTIONS, RIDES  OR
   15  OTHERWISE,  SHALL  BE  ALLOWED ONLY IF SUCH INJURIES AROSE FROM WILLFUL,
   16  WANTON OR GROSS NEGLIGENCE ON THE PART OF THE PUBLIC ENTITY OR OPERATOR.
   17    S 2. This act shall take effect immediately and  shall  apply  to  all
   18  causes  of action commenced on or after such effective date.