senate Bill S678

2021-2022 Legislative Session

Removes liability for the death of a person caused by any act of persons permitted to use certain premises

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to judiciary

S678 (ACTIVE) - Details

See Assembly Version of this Bill:
A2016
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §9-103, Gen Ob L; amd §3, Cons Dists L
Versions Introduced in 2019-2020 Legislative Session:
S5934, A4774

S678 (ACTIVE) - Summary

Removes liability for the death of a person caused by any act of persons permitted to use certain premises and removes liability from the owner, lessee or occupant of premises adjacent to such premises.

S678 (ACTIVE) - Sponsor Memo

S678 (ACTIVE) - Bill Text download pdf

 
                     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

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