Senate Bill S678

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    678
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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  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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03873-01-1

 S. 678                              2
 
 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.
   D.  AN  OWNER, LESSEE OR OCCUPANT OF PREMISES ADJOINING PREMISES BEING
 USED AS PERMITTED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION FOR RECRE-
 ATIONAL TRAIL USE OR ANY OTHER ACTIVITY STATED IN PARAGRAPH  A  OF  THIS
 SUBDIVISION  SHALL  NOT  BE  LIABLE TO ANY ACTIONS OF ANY TYPE RESULTING
 FROM, OR CAUSED BY, PERSONS ENGAGING IN SUCH ACTIVITIES  TRESPASSING  ON
 SUCH  ADJACENT  PREMISES,  AND  NO OWNER, LESSEE OR OCCUPANT OF PREMISES
 ADJOINING PREMISES BEING USED AS PERMITTED PURSUANT TO  PARAGRAPH  B  OF
 THIS SUBDIVISION SHALL BE LIABLE FOR ANY ACTIONS OF ANY TYPE STARTED ON,
 OR TAKING PLACE WITHIN, THE BOUNDARIES OF THE PREMISES BEING USED PURSU-
 ANT  TO PARAGRAPH B OF THIS SUBDIVISION ARISING OUT OF THE ACTIVITIES OF
 OTHER PARTIES.
   § 2. Subdivision 18 of section 3 of the soil  and  water  conservation
 districts  law,  as added by chapter 362 of the laws of 1996, is amended
 to read as follows:
   (18) "Recreational use" means any activity undertaken out of doors for
 purposes of mental or physical enjoyment and relaxation and may include,
 but shall not be limited to, hunting, fishing, canoeing, boating,  trap-
 ping, hiking, cross country skiing, tobogganing, sledding, speleological
 activities,  horseback  riding,  bicycle riding, hang gliding, motorized
 vehicle  operation  for  recreational  purposes,  snowmobile  operation,
 RECREATIONAL TRAIL USE and training of dogs.
   § 3. This act shall take effect immediately.