S03283 Summary:

BILL NOS03283
 
SAME ASSAME AS A06069
 
SPONSORO'MARA
 
COSPNSR
 
MLTSPNSR
 
Amd S9-103, Gen Ob L
 
Provides that the owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others engaged generally in recreational activities.
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S03283 Actions:

BILL NOS03283
 
01/31/2013REFERRED TO JUDICIARY
01/08/2014REFERRED TO JUDICIARY
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S03283 Floor Votes:

There are no votes for this bill in this legislative session.
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S03283 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3283
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2013
                                       ___________
 
        Introduced  by  Sen.  O'MARA -- 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 duty  to
          keep premises safe for certain 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 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, organized gleaning as defined in section seventy-one-y of
     8  the agriculture and markets law, canoeing,  boating,  trapping,  hiking,
     9  cross-country  skiing,  tobogganing, sledding, speleological activities,
    10  horseback riding, bicycle riding, hang gliding, motorized vehicle opera-
    11  tion for recreational purposes, snowmobile operation, cutting or gather-

    12  ing of wood for non-commercial purposes [or], training of dogs or  other
    13  recreational  activities,  or to give warning of any hazardous condition
    14  or use of or structure or activity on such premises to persons  entering
    15  for such purposes;
    16    §  2.  Paragraphs  b  and  c  of subdivision 2 of section 9-103 of the
    17  general obligations law, as amended by chapter 408 of the laws of  1979,
    18  are amended to read as follows:
    19    b.  for  injury suffered in any case where permission to pursue any of
    20  the activities [enumerated] described in this section was granted for  a
    21  consideration  other  than the consideration, if any, paid to said land-
    22  owner by the state or federal government, or permission  to  train  dogs
    23  was  granted for a consideration other than that provided for in section

    24  11-0925 of the environmental conservation law; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08531-01-3

        S. 3283                             2
 
     1    c. for injury caused, by acts of persons to whom permission to  pursue
     2  any  of the activities [enumerated] described in this section was grant-
     3  ed, to other persons as to whom the person granting permission,  or  the
     4  owner, lessee or occupant of the premises, owed a duty to keep the prem-
     5  ises safe or to warn of danger.
     6    § 3.  This act shall take effect immediately.
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