Relates to the liability of landowners who permit recreational uses of their land; establishes landowners owe no duty to keep premises safe for entry, passage over premises or other recreational uses or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2544
SPONSOR: Gunther TITLE OF BILL:
An act to amend the general obligations law, in relation to the liabil-
ity of landowners who permit recreational uses
PURPOSE OR GENERAL IDEA OF BILL:
This bill would enhance the availability of recreational activities on
undeveloped lands by clarifying the provisions of the General Obli-
gations Law (GOL) relating to landowner liability for providing public
access for recreational activities.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would amend GOL 9-103 to provide that owners,
lessees and occupants of premises owe no duty of care: (i) to keep their
premises safe for passage over by persons engaging in specific recre-
ational activities; and (ii) to persons engaging in any recreational use
on the premises.
Section 2 provides that the bill would take effect immediately.
JUSTIFICATION:
This bill seeks to encourage the owners of land and water areas to
permit their use for recreational activities. Landowners may be more
receptive to opening their lands for recreational use if they would not
be subject to liability for doing so. In order to promote the availabil-
ity of recreational opportunities, the liability of landowners is limit-
ed in GOL § 9-103.
GOL § 9-103, commonly referred to as the Recreational Use Statute,
affords landowners immunity from liability based on a failure to keep
premises safe for entry and use by others for specific recreational
activities, including: hunting, fishing, organized gleaning, canoeing,
boating, trapping, hiking, cross-country skiing, tobogganing, sledding,
speleological activities, horseback riding, motorized vehicle operation
for recreational purposes, snowmobile operation, cutting or gathering of
wood for noncommercial purposes or the training of dogs. One of the
concerns for landowners is that this list does not include all recre-
ational activities for which a landowner may make their land available
to the public. For example, hiking is a covered activity but walking is
not. This bill would address this incongruity by including all recre-
ational activities in GOL § 9-103. In addition, this bill would clarify
that property owners would be protected if they allow individuals to
pass over their land in order to participate in a recreational activity.
This bill would not change the existing protection from a landowner's
willful or malicious failure to guard or to warn against a dangerous
condition, use, structure or activity. It would not apply in cases where
a fee is paid for any recreational use.
PRIOR LEGISLATIVE HISTORY:
2021-22: A201 Assembly Judiciary/S1932 Senate Judiciary
2019-20: A2045 Assembly Judiciary/S1213 Senate Judiciary
2017-18: A650 Assembly Judiciary/S1429 Senate Judiciary
2015-16: A1846 Assembly Judiciary/S3101 Senate Judiciary
2013-14: A1703 Assembly Judiciary/S289 Senate Judiciary
2011-12: A5822 Assembly Judiciary
2009-10: A.8258 Assembly Judiciary/S.5485 Senate Judiciary
2007-08: A.9116/s.2761 Judiciary in Assembly and Senate
2005-06: 5.8188 Passed Senate
2004: A.9664 Assembly Insurance Committee; S.1279-A - -Passed Senate
2003: A.6342 Assembly Insurance Committee; enacting clause stricken.
S.1279 passed Senate.
2001-02: A.6101 Assembly Insurance Committee; S.2200 Passed Senate
2000: A. 3810 Assembly Insurance Committee; S. 3529 Passed Senate
1999: A. 3810 Assembly Insurance Committee; S.3529 Passed Senate
1998: A. 4793-B Assembly Insurance Committee; S.2803-B Senate Insurance
Committee
1997: A. 4793-A Assembly Insurance Committee; S.2803-A Passed Senate
1996: A. 9046-C Assembly Judiciary Committee; S.6269-C Passed Senate
FISCAL IMPLICATIONS:
There is no direct fiscal impact on the state or local government.
However, by opening more land for recreational activities, localities
may see an increase in tourism related tax revenues.
EFFECTIVE DATE:
The bill would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2544
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. GUNTHER, COOK, GOODELL, FRIEND, BRABENEC,
LEMONDES -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to the liabil-
ity of landowners who permit recreational uses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 1 of section 9-103 of the gener-
2 al obligations law, as separately amended by chapters 141 and 286 of the
3 laws of 1984, is amended to read as follows:
4 a. an owner, lessee or occupant of premises, whether or not posted as
5 provided in section 11-2111 of the environmental conservation law, owes
6 no duty: (1) to keep the premises safe for entry, passage over premises
7 or use by others for hunting, fishing, organized gleaning as defined in
8 section seventy-one-y of the agriculture and markets law, canoeing,
9 boating, trapping, hiking, cross-country skiing, tobogganing, sledding,
10 speleological activities, horseback riding, bicycle riding, hang glid-
11 ing, motorized vehicle operation for recreational purposes, snowmobile
12 operation, cutting or gathering of wood for non-commercial purposes
13 [or], training of dogs, and any other recreational use; or (2) to give
14 warning of any hazardous condition or use of or structure or activity on
15 such premises to persons entering for such purposes;
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07058-01-3
