NY State Senate Bill 2023-S2701

Senate Bill S2701

2023-2024 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

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Jan 24, 2023	referred to judiciary

2023-S2701 (ACTIVE) - Details

See Assembly Version of this Bill:: A6004
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:: 2019-2020: S5934, A4774
2021-2022: S678, A2016

2023-S2701 (ACTIVE) - Summary

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

2023-S2701 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2701

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 1 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 2 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 3 states the effective date.

 
JUSTIFICATION:

This legislation intends to encourage the development of recreational
trails, especially on properties of 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.

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:

2021-2022: S678/A2016 - Died in Judiciary

2019-20: S5934/A4774 - Died in Judiciary

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2701 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2701
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 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
                       [ ] is old law to be omitted.
                                                            LBD01374-01-3
 S. 2701                             2

 
 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.

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