Senate Bill S837

2009-2010 Legislative Session

Relates to the liability of landowners who permit recreational uses of their land

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S837 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §9-103, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2647
2013-2014: S289
2015-2016: S3101
2017-2018: S1429
2019-2020: S1213
2021-2022: S1932

2009-S837 (ACTIVE) - Summary

Relates to the liability of landowners who permit recreational uses of their land; establishes landowners owe no duty to keep premises safe for entry, passage over premises or other recreational uses or to give warning of any hazardous condition of use of or structure or activity on such premises to persons entering for such purposes.

2009-S837 (ACTIVE) - Sponsor Memo

2009-S837 (ACTIVE) - Bill Text download pdf

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

                                   837

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 18, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  liabil-
  ity of landowners who permit recreational uses

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

  Section 1. Paragraph a of subdivision 1 of section 9-103 of the gener-
al obligations law, as separately amended by chapters 141 and 286 of the
laws of 1984, is amended and a new subdivision 4 is  added  to  read  as
follows:
  a.  an owner, lessee or occupant of premises, whether or not posted as
provided in section 11-2111 of the environmental conservation law,  owes
no  duty: (1) to keep the premises safe for entry, PASSAGE OVER PREMISES
or use by others for hunting, fishing, organized gleaning as defined  in
section  seventy-one-y  of  the  agriculture  and markets law, canoeing,
boating, trapping, hiking, cross-country skiing, tobogganing,  sledding,
speleological  activities,  horseback riding, bicycle riding, hang glid-
ing, motorized vehicle operation for recreational  purposes,  snowmobile
operation,  cutting  or  gathering  of  wood for non-commercial purposes
[or], training of dogs, AND ANY OTHER RECREATIONAL USE; or (2)  to  give
warning of any hazardous condition or use of or structure or activity on
such premises to persons entering for such purposes;
  4.  FOR  THE PURPOSES OF THIS SECTION THE TERM OCCUPANT SHALL INCLUDE,
BUT NOT BE LIMITED TO, THOSE ORGANIZATIONS,  ENTITIES,  OR  PERSONS  WHO
INDIVIDUALLY  OR  COLLECTIVELY  DEVELOP AND/OR MAINTAIN TRAILS AND OTHER
RECREATIONAL FACILITIES FOR USE BY THE PUBLIC.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02459-01-9


              

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