|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to judiciary|
|Jan 27, 2011||referred to judiciary|
senate Bill S2647
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2647 - Details
- Current Committee:
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §9-103, Gen Ob L
- Versions Introduced in 2009-2010 Legislative Session:
S2647 - 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.
S2647 - Sponsor Memo
BILL NUMBER:S2647 TITLE OF BILL: An act to amend the general obligations law, in relation to the liability of landowners who permit recreational uses PURPOSE: This bill would enhance the availability of recreational activities on undeveloped lands by clarifying the provisions of the General Obligations Law (GOL) relating to landowner liability for providing public access for recreational activities. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill would amend GOL §9-103 to provide that owners, lessees and occupants of premises owe no duty of care: (i) to keep their premises safe for passage over by persons engaging in specific recreational activities; and (ii) to persons engaging in any recreational use on the premises. Also, the bill would provide that persons, organizations and entities who maintain recreational trails and other recreational facilities owe no duty of care to members of the public who use such trails and facilities. Section 2 provides that the bill would take effect immediately.
S2647 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2647 2011-2012 Regular Sessions I N S E N A T E January 27, 2011 ___________ Introduced by Sens. GRISANTI, MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary 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. LBD07360-01-1
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