Bill Text: NY A00517 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to the duties of skiers and ski area operators regarding the use of helmets; requires skiers under age 14 to wear helmets; requires ski area operators to maintain an adequate supply of helmets for sale and rental; requires operators to post signs.

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-01-06 - referred to judiciary [A00517 Detail]

Download: New_York-2021-A00517-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           517

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M. of A. JONES, McDONOUGH -- Multi-Sponsored by -- M. of
          A. GALEF, MORINELLO -- read once and  referred  to  the  Committee  on
          Judiciary

        AN  ACT  to amend the general obligations law, in relation to the duties
          of skiers and ski area operators

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions  13  and 14 of section 18-105 of the general
     2  obligations law, as added by chapter  711  of  the  laws  of  1988,  are
     3  amended and a new subdivision 15 is added to read as follows:
     4    13.  To  report  any  personal  injury to the ski area operator before
     5  leaving the ski area; [and]
     6    14. Not  to  willfully  remove,  deface,  alter  or  otherwise  damage
     7  signage,  warning  devices or implements, or other safety devices placed
     8  and maintained by the ski area operator pursuant to the requirements  of
     9  section 18-103 of this article[.]; and
    10    15. All skiers, under fourteen years of age, shall have the additional
    11  responsibility  to  wear  a  helmet  suitable  for use while skiing. For
    12  purposes of this subdivision wearing of a helmet means a helmet of  good
    13  fit  fastened  securely  to  the head of the wearer with straps securely
    14  fastened.
    15    § 2. The general obligations law is amended by adding  a  new  section
    16  18-106-a to read as follows:
    17    §  18-106-a. Enforcement of ski helmet requirements. 1. Any person who
    18  violates the provisions of subdivision fifteen of section 18-105 of this
    19  article shall pay a civil fine not to  exceed  fifty  dollars.  A  court
    20  shall  waive such fine if such person supplies the court with proof that
    21  between the date of the violation  and  the  appearance  date  for  such
    22  violation such person purchased or rented a helmet.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05397-01-1

        A. 517                              2

     1    2. Local law enforcement shall be solely responsible for enforcing the
     2  provisions  of  subdivision fifteen of section 18-105 of this article. A
     3  police officer shall only issue a summons for a violation of such subdi-
     4  vision by a person under fourteen years of age to the parent or guardian
     5  of such person if the violation by such person occurs in the presence of
     6  such  person's  parent  or guardian and where such parent or guardian is
     7  eighteen years of age or older. Such summons shall  only  be  issued  to
     8  such parent or guardian, and shall not be issued to the person under the
     9  age of fourteen.
    10    §  3.  Section  18-103  of  the  general obligations law is amended by
    11  adding three new subdivisions 15, 16 and 17 to read as follows:
    12    15.  (a) To post signs at the central location  information  board  at
    13  the  ski  area  and at all on site locations where tickets are sold that
    14  advises customers of the availability of helmets for sale and  for  rent
    15  at the ski area; and
    16    (b) To post signs at the central location information board at the ski
    17  area  and  at  all on site locations where tickets are sold that advises
    18  customers of their obligations under section 18-105 of this article.
    19    16. To maintain a reasonable inventory of helmets  for  rent  and  for
    20  sale.    Such helmets shall meet the standards and criteria set forth in
    21  subdivision fifteen of section 18-105 of this article.
    22    17. To publish on all lift tickets the following language:  "New  York
    23  state   law   prohibits  children  under  fourteen  years  of  age  from
    24  skiing/snowboarding without a helmet."
    25    § 4. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law; provided however that section three of  this
    27  act shall take effect one year after it shall have become a law.
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