senate Bill S4002

2011-2012 Legislative Session

Relates to landowner recreational liability and farm and horseback riding operation liability relief; and enacts the "equine activity safety code act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Mar 11, 2011 referred to judiciary

Co-Sponsors

S4002 - Details

See Assembly Version of this Bill:
A1256
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Amd §9-103, add Art 18-B §§18-301 - 18-305, Gen Ob L
Versions Introduced in 2009-2010 Legislative Session:
S4567, A843

S4002 - Summary

Limits the liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products; expands the limited exemption of a property owner from liability to a property owner who makes their premises available to others for any recreational use and to include owners of underdeveloped and/or land used in agricultural production; enacts the "equine activity safety code act".

S4002 - Sponsor Memo

S4002 - Bill Text download pdf

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

                                  4002

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 11, 2011
                               ___________

Introduced  by  Sens.  RANZENHOFER,  LARKIN,  MAZIARZ  -- 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 duty to
  keep premises safe for certain uses and enacting the "equine  activity
  safety code act"

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

  Section 1. Section 9-103 of the general obligations law, as amended by
chapter 408 of the laws of 1979, paragraph a of subdivision 1  as  sepa-
rately amended by chapters 141 and 286 of the laws of 1984 and paragraph
c  of  subdivision  1  as  added  by chapter 174 of the laws of 1980, is
amended to read as follows:
  S 9-103. No duty to keep premises safe for certain uses;  responsibil-
ity for acts of such users. 1.  THE LEGISLATURE REAFFIRMS THE PURPOSE OF
THIS  SECTION  WHICH  IS  TO  ENCOURAGE PROPERTY OWNERS TO MAKE LAND AND
WATER AREAS AVAILABLE TO THE PUBLIC  FOR  RECREATIONAL  OR  CONSERVATION
PURPOSES  BY  LIMITING THEIR POTENTIAL LIABILITY EXPOSURE TOWARD PERSONS
ENTERING THEREON FOR SUCH PURPOSES. ITS PROVISIONS SHOULD  BE  CONSTRUED
TO ACCOMPLISH THOSE OBJECTIVES.
  1-A. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "LANDS  USED  IN AGRICULTURAL PRODUCTION" MEANS LAND AS DEFINED IN
SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE  OF  THE  AGRICULTURE  AND
MARKETS  LAW,  EXCEPT THAT THE PARCEL OF LAND MAY BE LESS THAN TEN ACRES
AND STILL QUALIFY.
  B. "OWNER, LESSEE, OR OCCUPANT"  MEANS  ANY  PERSON  ENTITLED  TO  THE
EXCLUSIVE  OR NON-EXCLUSIVE USE OR POSSESSION OF THE PREMISES, INCLUDING
HOLDERS OF CONSERVATION AND TRAIL EASEMENTS.
  C. "UNDEVELOPED PREMISES" MEANS PROPERTY  EXISTING  IN  ITS  NATURALLY
OCCURRING  STATE,  WITHOUT  STRUCTURES,  IMPROVEMENTS OR MANMADE OBJECTS
CONSTRUCTED, SITUATED OR PLACED ON THE PROPERTY BY  THE  OWNER,  LESSEE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02589-01-1

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