| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 05, 2020 |
print number 5934a |
| Mar 05, 2020 |
amend (t) and recommit to judiciary |
| Jan 08, 2020 |
referred to judiciary |
| May 16, 2019 |
referred to judiciary |
Senate Bill S5934A
2019-2020 Legislative Session
Sponsored By
(D, WF) 40th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
Bill Amendments
co-Sponsors
(R, C) 58th Senate District
2019-S5934 - Details
2019-S5934 - Sponsor Memo
BILL NUMBER: S5934
SPONSOR: HARCKHAM
TITLE OF BILL: An act to amend the general obligations law, in
relation to the use of certain premises and the responsibility for acts
of such users on the premises or on adjacent premises
PURPOSE:
To encourage the creation of rails-with-trails and other recreational
trails by clarifying that property owners are not liable for certain
acts
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 1 of section 9-103 of the general obli-
gations law in the following manner:
*paragraph (a) is amended to add recreational trail use to the list of
activities for which a property owner has no duty to keep safe for use
by others.
2019-S5934 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5934
2019-2020 Regular Sessions
I N S E N A T E
May 16, 2019
___________
Introduced by Sen. HARCKHAM -- 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 use of
certain premises and the responsibility for acts of such users on the
premises or on adjacent premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs a and b of subdivision 1 of section 9-103 of the
general obligations law, as amended by chapter 408 of the laws of 1979,
paragraph a as separately amended by chapters 141 and 286 of the laws of
1984, are amended and a new paragraph d 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 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, snowmobile operation, cutting or gather-
ing of wood for non-commercial purposes, RECREATIONAL TRAIL USE or
training of dogs, or to give warning of any hazardous condition or use
of or structure or activity on such premises to persons entering for
such purposes[;].
b. an owner, lessee or occupant of premises who gives permission to
another to pursue any such activities upon such premises does not there-
by (1) extend any assurance that the premises are safe for such purpose,
or (2) constitute the person to whom permission is granted an invitee to
whom a duty of care is owed, or (3) assume responsibility for or incur
liability for any injury to person or property OR FOR THE DEATH OF ANY
PERSON caused by any act of persons to whom the permission is granted.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08493-01-9
co-Sponsors
(R, C) 58th Senate District
2019-S5934A (ACTIVE) - Details
2019-S5934A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5934A
SPONSOR: HARCKHAM
TITLE OF BILL:
An act to amend the general obligations law and the soil and water
conservation districts law, in relation to the use of certain premises
and the responsibility for acts of such users on the premises or on
adjacent premises
PURPOSE:
To encourage the creation of rails-with-trails and other recreational
trails by clarifying that property owners are not liable for certain
acts
SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 9-103 of the general obli-
gations law in the following manner:
2019-S5934A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5934--A
2019-2020 Regular Sessions
I N S E N A T E
May 16, 2019
___________
Introduced by Sens. HARCKHAM, O'MARA -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary --
recommitted to the Committee on Judiciary in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the general obligations law and the soil and water
conservation districts law, in relation to the use of certain premises
and the responsibility for acts of such users on the premises or on
adjacent premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs a and b of subdivision 1 of section 9-103 of the
general obligations law, paragraph a as separately amended by chapters
141 and 286 of the laws of 1984 and paragraph b as amended by chapter
408 of the laws of 1979, are amended and a new paragraph d 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 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, snowmobile operation, cutting or gather-
ing of wood for non-commercial purposes, RECREATIONAL TRAIL USE or
training of dogs, or to give warning of any hazardous condition or use
of or structure or activity on such premises to persons entering for
such purposes[;].
b. an owner, lessee or occupant of premises who gives permission to
another to pursue any such activities upon such premises does not there-
by (1) extend any assurance that the premises are safe for such purpose,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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