assembly Bill A7153

2011-2012 Legislative Session

Provides for certain uses of premises for which no duty is owed to keep premises safe

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 held for consideration in judiciary
Jan 04, 2012 referred to judiciary
Apr 14, 2011 referred to judiciary

A7153 - Bill Details

See Senate Version of this Bill:
S4645
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Amd ยง9-103, Gen Ob L
Versions Introduced in 2009-2010 Legislative Session:
A2958, S1030

A7153 - Bill Texts

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

    S. 4645                                                  A. 7153

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 14, 2011
                               ___________

IN  SENATE -- Introduced by Sen. O'MARA -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN ASSEMBLY -- Introduced by M. of A. FRIEND -- 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:

  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, 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 gliding, motorized vehicle opera-
tion for recreational purposes, snowmobile operation, cutting or gather-
ing  of wood for non-commercial purposes [or], training of dogs OR OTHER
RECREATIONAL ACTIVITIES, 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. Paragraphs b and c of subdivision  2  of  section  9-103  of  the
general  obligations law, as amended by chapter 408 of the laws of 1979,
are amended to read as follows:
  b. for injury suffered in any case where permission to pursue  any  of
the  activities [enumerated] DESCRIBED in this section was granted for a
consideration other than the consideration, if any, paid to  said  land-
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.
                                                           LBD09714-01-1

S. 4645                             2                            A. 7153

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

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