senate Bill S7294

2013-2014 Legislative Session

Exempts state and public corporations from liability for injuries and death of persons kayaking, surfboarding or scuba diving when lifeguards are not on duty

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2014 referred to judiciary

S7294 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd ยง9-103, Gen Ob L

S7294 - Bill Texts

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Exempts state and public corporations from liability for injuries and death of persons kayaking, surfboarding or scuba diving when lifeguards are not on duty.

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BILL NUMBER:S7294

TITLE OF BILL: An act to amend the general obligations law, in
relation to exemption of the state and public corporations from
liability for injury to property or personal injury, including death,
of persons who use public beaches for kayaking, surfboarding or scuba
diving when lifeguards are not on duty

PURPOSE:

To permit the use of human powered watercraft (HPW) such as kayaks,
rowing shells, stand-up paddleboards, on beaches in New York City
during non-bathing hours.

SUMMARY OF PROVISIONS:

To establish immunity on the owners, lessees or occupants of premises
from liability for injury to property or personal injury, including
death, of individuals who enter the premises for recreational purposes
including kayaking, surfboarding or scuba diving.

JUSTIFICATION:

Many popular water sports, such as kayaking, rowing and paddle
boarding are currently prohibited on New York City beaches due to
liability issues. New York City's beaches are a great recreational
resource to the many people who reside there. By deeming that the
owners of beachfront property, whether they are private owners or
government entities are not liable for injury or death that may result
from such activity on their property, would open up the Atlantic ocean
in these areas for public use. This legislation would allow these
recreational activities during non-bathing hours when a lifeguard is
not present on the property.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  7294

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced  by  Sen. ADDABBO -- 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 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 kayaking, 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] KAYAKING, 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  gliding,  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 condi-
tion  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
KAYAKING, 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.
                                                           LBD14690-02-4

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