BILL NUMBER: S6666
SPONSOR: HINCHEY
 
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 § 9103.
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:
2017-18: S.1429.
2019-2020: S.1213/A.2045.
2021-22: S.1932 referred to Judiciary / A.201 referred to Judiciary
2023: A.2544 referred to Judiciary
 
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.