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A06134 Summary:

COSPNSRMontesano, Giglio JM, Manktelow, Morinello, Hawley, Brabenec, Miller B, Tague, DeStefano
MLTSPNSRBlankenbush, McDonough
Amd §9-103, 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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A06134 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     March 10, 2021
        Introduced by M. of A. FRIEND, MONTESANO, J. M. GIGLIO, MANKTELOW, MORI-
          sored by -- M. of A.  BLANKENBUSH, McDONOUGH -- read once and referred
          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6134                             2
     1  was  granted for a consideration other than that provided for in section
     2  11-0925 of the environmental conservation law; or
     3    c.  for injury caused, by acts of persons to whom permission to pursue
     4  any of the activities [enumerated] described in this section was  grant-
     5  ed,  to  other persons as to whom the person granting permission, or the
     6  owner, lessee or occupant of the premises, owed a duty to keep the prem-
     7  ises safe or to warn of danger.
     8    § 3.  This act shall take effect immediately.
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