Bill Text: NY A05641 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2024-01-03 - referred to judiciary [A05641 Detail]

Download: New_York-2023-A05641-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5641

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 20, 2023
                                       ___________

        Introduced  by  M.  of  A.  FRIEND,  J. M. GIGLIO, MANKTELOW, MORINELLO,
          HAWLEY, BRABENEC, MILLER, TAGUE, DeSTEFANO -- Multi-Sponsored by -- M.
          of A. BLANKENBUSH, McDONOUGH -- read once and referred to the  Commit-
          tee 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.
                                                                   LBD10295-01-3
        A. 5641                             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.