S T A T E   O F   N E W   Y O R K
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                                  3283

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  O'MARA -- 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 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
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.
                                                           LBD08531-01-3

              

S. 3283                             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.
  S 3.  This act shall take effect immediately.