BILL NUMBER:  S5353

 TITLE OF BILL :  An act to amend the general obligations law, in
relation to limiting liability for lands used for rock climbing

 PURPOSE OF THE BILL :

This bill would expand the availability of rock climbing within the
State by defining the legal duty of landowners that allow the public
to rock climb on their property.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend General Obligations Law § 9-103,
known as the "Recreational Use Statute," to include rock climbing in
the list of recreational activities to which the liability limitation
applies.

Section 2 of the bill would make it effective immediately.

 JUSTIFICATION :

There is increased demand for more access to public and private rock
climbing areas. Local climbing coalitions have asked the Office of
Parks, Recreation and Historic Preservation (Parks) for rock climbing
access to locations such as the Niagara Gorge and the Palisades, and
              

to the following parks: Fillmore Glen, Buttermilk Falls, Chittenango
Falls, Storm King, Taconic, Thacher, Minnewaska and Chimney Bluffs.

One of the factors considered when evaluating new recreational uses
like rock climbing on State property is the legal protection afforded
to State taxpayers. Without the protection of the Recreational Use
statute, State Parks would be required to spend operation, maintenance
and capital funds to manage, inspect and maintain rock climbing routes
and access areas, and also be subject to liability claims for
injuries. Instead, the Recreational Use statute limits the State's
liability for such activity, as well as the liability of private
landowners.

Rock climbing opportunities are unlikely to expand in New York due to
the uncertainty regarding landowner liability. If the uncertainty is
alleviated by the inclusion of rock climbing in the Recreational Use
Statute, then landowners could allow access to climbing areas
currently unavailable to the public at little cost. State Parks would
welcome climbers as new patrons who would contribute to boosting the
local tourism economy.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None known.

 EFFECTIVE DATE :
Immediate.