senate Bill S3027

2013-2014 Legislative Session

Provides that there shall be no duty to keep premises safe for entry or use by others for recreational aviation activities

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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
Jan 08, 2014 referred to judiciary
Jan 28, 2013 referred to judiciary

S3027 - Bill Details

Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Amd ยง9-103, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
S4513

S3027 - Bill Texts

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Provides that there shall be no duty to keep premises safe for entry or use by others for recreational aviation activities.

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BILL NUMBER:S3027

TITLE OF BILL: An act to amend the general obligations law, in
relation to providing that there shall be no duty to keep premises
safe for entry or use by others for recreational aviation activities

PURPOSE: To expand the scope of the general obligations law to
include recreational aviation activities.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph A of Section 9-103 of the General
Obligations Law, adding recreational aviation to the list of
activities where an owner or occupant of certain property owes no duty
to keep the premises safe for entry or use by others.

Section 2 - provides for an immediate effective date.

JUSTIFICATION: This bill is intended to extend a measure of liability
protection for private airfield owners similar to that provided to
other property owners who allow their properties to be used
recreationally.

When a private-use airport becomes operational, the Federal Aviation
Administration (FAA) inspects the airport to see if it meets FAA
standards for emergency use. If so, it is put on the aeronautical
charts for pilots and pertinent information is available to air
traffic controllers in the event of an in-flight emergency. Private
airfield owners do not need to allow anyone to use their private-use
airfields except in emergencies. However, pilots can contact private
airfield owners to request permission to use their airfield in
non-emergency situations, including non-commercial, recreational
activities such as hunting, camping, fishing and regional tourism.
Many airfield owners have restricted use due to liability concerns,
but would be more willing to allow others to use their airfields if
the law clearly limited their liability for others' occasional
recreational use.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3027

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- 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  providing
  that  there shall be no duty to keep premises safe for entry or use by
  others for recreational aviation activities

  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, RECREATIONAL AVIATION ACTIVITIES, snow-
mobile operation,  cutting  or  gathering  of  wood  for  non-commercial
purposes or training of dogs, or to give warning of any hazardous condi-
tion  or  use  of  or  structure or activity on such premises to persons
entering for such purposes;
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08123-01-3

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