S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5354
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT to amend the general obligations law, in relation to the duty to
   keep premises safe for certain uses and the inherent risk for  use  of
   off highway recreational vehicles

   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 oper-
 ation for recreational purposes, snowmobile operation,] cutting or gath-
 ering 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;
   § 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
 was granted for a consideration other than that provided for in  section
 11-0925 of the environmental conservation law; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07604-01-9

 A. 5354                             2
 
   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.
   §  3.  The  general obligations law is amended by adding a new section
 9-107 to read as follows:
   § 9-107. INHERENT RISK FOR USE OF OFF HIGHWAY  RECREATIONAL  VEHICLES.
 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   A.  "OFF  HIGHWAY  RECREATIONAL  VEHICLE"  SHALL MEAN ANY MECHANICALLY
 PROPELLED VEHICLE USED FOR PLEASURE OR RECREATIONAL PURPOSES RUNNING  ON
 RUBBER  TIRES, BELTS, CLEATS, TRACKS, SKIS OR CUSHION OF AIR AND DEPEND-
 ENT ON THE GROUND OR SURFACE FOR TRAVEL,  OR  OTHER  UNIMPROVED  TERRAIN
 WHETHER  COVERED BY ICE OR SNOW OR NOT, WHERE THE OPERATOR SITS IN OR ON
 THE VEHICLE.
   B. "OHRV" SHALL MEAN OFF HIGHWAY RECREATIONAL VEHICLE.
   C. "POSTED LAND" SHALL MEAN AN APPROPRIATE SIGN  WITH  THE  DESIGNATED
 SYMBOL  OR  WARNING TO BE LEGIBLE AT A DISTANCE OF FIFTY FEET INDICATING
 THAT USE OF SUCH LAND IS PROHIBITED FOR THE PURPOSE SO SPECIFIED.
   2. IT IS RECOGNIZED THAT OHRV  OPERATION  MAY  BE  DANGEROUS  AND  ANY
 PERSON  WHO  ENGAGES  IN SUCH ACTIVITY FACES AN INHERENT RISK OF INJURY.
 ACCORDINGLY, ANY PERSON WHO IS AN  OPERATOR  OR  PASSENGER  ON  AN  OHRV
 ACCEPTS,  AS A MATTER OF LAW, THE DANGERS INHERENT IN SUCH ACTIVITY, AND
 SHALL BE PROHIBITED FROM MAINTAINING AN ACTION, AND NO CAUSE  OF  ACTION
 SHALL  ACCRUE  AGAINST  ANY  OWNER,  LESSEE, OR OCCUPANT OF LAND FOR ANY
 INJURIES WHICH RESULT FROM SUCH INHERENT RISKS, DANGERS, OR HAZARDS. THE
 CATEGORIES OF SUCH RISKS,  DANGERS,  OR  HAZARDS  WHICH  THE  OHRV  USER
 ASSUMES  AS A MATTER OF LAW INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOW-
 ING: VARIATIONS IN TERRAIN, TRAILS,  PATHS,  OR  ROADS;  OR  SURFACE  OR
 SUBSURFACE SNOW OR ICE CONDITIONS, BARE SPOTS, ROCKS, TREES, STUMPS, AND
 OTHER FORMS OF FOREST GROWTH OR DEBRIS, STRUCTURES ON THE LAND, EXISTING
 OR  CHANGING WEATHER CONDITIONS, EQUIPMENT NOT IN USE, POLE LINES, FENC-
 ES, AND COLLISIONS WITH OTHER OPERATORS OR PERSONS.
   3. AN OWNER MAY MAINTAIN POSTED LAND ON ALL  OR  ANY  PORTION  OF  THE
 OWNER'S  LAND  AGAINST  USE  BY AN OHRV; HOWEVER, FAILURE OF AN OWNER TO
 MAINTAIN POSTED LAND AS PROVIDED IN THIS SECTION SHALL NOT BE  CONSTRUED
 AS  GRANTING ANY LICENSE TO USERS OF OHRVS TO ENTER SUCH LAND, NOR SHALL
 SUCH FAILURE BE CONSTRUED AS IMPLYING ANY DUTY OF CARE TO THE USER OF AN
 OHRV BY THE OWNER.
   4. THIS SECTION SHALL NOT LIMIT THE LIABILITY  WHICH  WOULD  OTHERWISE
 EXIST:
   A.  FOR  INJURY  SUFFERED  IN ANY CASE WHERE PERMISSION TO PURSUE OHRV
 ACTIVITIES WAS GRANTED FOR A CONSIDERATION; OR
   B. FOR INJURIES CAUSED BY WILLFUL OR MALICIOUS ACTS  PERFORMED  BY  AN
 OWNER,  LESSEE,  OR OCCUPANT OF LAND INTENDED OR SUBSTANTIALLY LIKELY TO
 CAUSE INJURY OR HARM TO OPERATORS OR PASSENGERS OF AN OHRV.
   § 4.  This act shall take effect immediately.