NY State Senate Bill 2019-S5934A

Senate Bill S5934A

2019-2020 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

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2020	print number 5934a
Mar 05, 2020	amend (t) and recommit to judiciary
Jan 08, 2020	referred to judiciary
May 16, 2019	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S5934 - Details

See Assembly Version of this Bill:: A4774
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 Other Legislative Sessions:: 2021-2022: S678, A2016
2023-2024: S2701, A6004

2019-S5934 - 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.

2019-S5934 - Sponsor Memo

                                
 
BILL NUMBER: S5934

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the general obligations law, in
relation to the use of certain premises and the responsibility for acts
of such users on the premises or on adjacent premises

 
PURPOSE:

To encourage the creation of rails-with-trails and other recreational
trails by clarifying that property owners are not liable for certain
acts

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision 1 of section 9-103 of the general obli-
gations law in the following manner:

*paragraph (a) is amended to add recreational trail use to the list of
activities for which a property owner has no duty to keep safe for use
by others.

*paragraph (b) is amended to state that property owners are not liable
for the death of a person using their property for recreational activ-
ities. Under current law, only injury is exempt from liability.

*a new paragraph (d) is added to state that property owners adjacent to
the recreational property are not liable for actions which are caused by
persons engaging in the activities listed in paragraph (a) when they are
trespassing on the adjacent property.

Section two sets forth the effective date.

 
JUSTIFICATION:

This legislation is intended to encourage the development of recreation-
al trails, especially on property like former and active railroad beds.

This legislation clarifies liability of property owners who allow the
public to access their land for recreational purposes. It ensures that
property owners who allow recreational access to their property are
protected from actions resulting in harm or death. This removes a poten-
tial barrier to trail creation and incentivizes use of the land.  The
changes this legislation would make are based on recommendations from
the Federal Highway Administration
(hups://www.fhwa.dot.gov/environment/recreational trails/overview/).

This bill supports the creation of Rails-with-Trails, a concept in trail
planning in which trails are built alongside active railroads, often
using railroad right-of-way. This concept makes use of otherwise underu-
tilized land and allows the public to enjoy the property. Many railroad
corridors experience issues with trespassing, but the rails-with-trails
model provides a safe and legal way to access recreational opportunities
along the property.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5934 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5934
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 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, 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, as amended by chapter 408 of the laws of 1979,
 paragraph a as separately amended by chapters 141 and 286 of the laws of
 1984, 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08493-01-9

 S. 5934                             2
 
   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. This act shall take effect immediately.

co-Sponsors

2019-S5934A (ACTIVE) - Details

See Assembly Version of this Bill:: A4774
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 Other Legislative Sessions:: 2021-2022: S678, A2016
2023-2024: S2701, A6004

2019-S5934A (ACTIVE) - Summary

2019-S5934A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5934A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE:

To encourage the creation of rails-with-trails and other recreational
trails by clarifying that property owners are not liable for certain
acts

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 1 of section 9-103 of the general obli-
gations law in the following manner:

*paragraph (a) is amended to add recreational trail use to the list of
activities for which a property owner has no duty to keep safe for use
by others.

*paragraph (b) is amended to state that property owners are not liable
for the death of a person using their property for recreational activ-
ities. Under current law, only injury is exempt from liability.

*a new paragraph (d) is added to state that property owners adjacent to
the recreational property are not liable for actions which are caused by
persons engaging in the activities listed in paragraph (a) when they are
trespassing on the adjacent property.

Section two amends subdivision 18 of section 3 of the soil and water
conservation districts law in the following manner:

*subdivision (18) is amended to include recreational trail use as an
activity under the definition of "recreational use"

Section three sets forth the effective date.

 
JUSTIFICATION:

This legislation intends to encourage the development of recreational
trails, especially on property like former and active railroad beds.

This legislation clarifies liability of property owners who allow the
public to access their land for recreational purposes. It ensures that
property owners who allow recreational access to their property are
protected from actions resulting in harm or death. This removes a poten-
tial barrier to trail creation and incentivizes use of the land.  The
changes this legislation would make are based on recommendations from
the Federal Highway Administration
(hups://www.fhwa.dot.gov/environment/recreational trails/overview/).

This bill supports the creation of Rails-with-Trails, a concept in trail
planning, in which trails are built alongside active railroads, often
using railroad right-of-way. This concept makes use of otherwise underu-
tilized land and allows the public to enjoy the property. Many railroad
corridors experience issues with trespassing, but the rails-with-trails
model provides a safe and legal way to access recreational opportunities
along the property.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5934A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5934--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sens. HARCKHAM, O'MARA -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   recommitted  to  the  Committee on Judiciary in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

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

                                                            LBD08493-03-9

 S. 5934--A                          2
 
 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
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5934A

Share this bill

Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

Thomas F. O'Mara

2019-S5934 - Details

2019-S5934 - Summary

2019-S5934 - Sponsor Memo

2019-S5934 - Bill Text download pdf

co-Sponsors

Thomas F. O'Mara

2019-S5934A (ACTIVE) - Details

2019-S5934A (ACTIVE) - Summary

2019-S5934A (ACTIVE) - Sponsor Memo

2019-S5934A (ACTIVE) - Bill Text download pdf

Comments