S T A T E   O F   N E W   Y O R K
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                                  4238

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the general obligations law, in relation to exemption of
  the state and public corporations from liability for injury to proper-
  ty or personal injury, including death,  of  persons  who  use  public
  beaches  for fishing, surfboarding or scuba diving when lifeguards are
  not on duty

  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 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  to keep the premises safe for entry or use by others for hunt-
ing, fishing, SURFBOARDING, SCUBA DIVING, 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, or to give warning of any hazardous condition  or  use
of  or  structure  or  activity on such premises to persons entering for
such purposes;
  S 2. Section 9-103 of the general obligations law is amended by adding
a new subdivision 1-a to read as follows:
  1-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  THE   IMMUNITY
CONFERRED  BY  SUBDIVISION ONE OF THIS SECTION ON THE OWNERS, LESSEES OR
OCCUPANTS OF PREMISES FROM LIABILITY FOR INJURY TO PROPERTY OR  PERSONAL
INJURY,  INCLUDING  DEATH, OF PERSONS WHO ENTER OR USE SUCH PREMISES FOR
FISHING, SURFBOARDING OR SCUBA DIVING  SHALL  APPLY  TO  PUBLIC  BEACHES
OWNED  OR OPERATED BY THE STATE OR A PUBLIC CORPORATION DURING THE HOURS
WHEN LIFEGUARDS ARE NOT ON DUTY.
  S 3. This act shall take effect immediately.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07430-01-9