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

    S. 1030                                                  A. 2958

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 22, 2009
                               ___________

IN  SENATE -- Introduced by Sen. WINNER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN ASSEMBLY -- Introduced by M. of A. O'MARA -- read once  and  referred
  to the Committee on Judiciary

AN  ACT to amend the general obligations law, in relation to the duty to
  keep premises safe for certain uses

  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 opera-
tion for recreational purposes, snowmobile operation, cutting or gather-
ing 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;
  S  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03338-01-9
              

S. 1030                             2                            A. 2958

was  granted for a consideration other than that provided for in section
11-0925 of the environmental conservation law; or
  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.
  S 3.  This act shall take effect immediately.