Bill Text: NY A01782 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires ski and snowboard area operators to provide protective headgear for sale or rent; requires skiers and snowboarders age fourteen and under to wear protective headgear while skiing; applies same duties and liabilities upon snowboarders and snowboard area operators, as apply to skiers and ski area operators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A01782 Detail]
Download: New_York-2019-A01782-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1782 2019-2020 Regular Sessions IN ASSEMBLY January 17, 2019 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the general obligations law and the labor law, in relation to the duty of ski area operators to provide protective head- gear and requiring skiers and snowboarders under the age of fourteen to wear protective headgear The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 18 of the general obli- 2 gations law, as added by chapter 711 of the laws of 1988, is amended to 3 read as follows: 4 SAFETY [IN SKIING] ON THE SLOPES CODE 5 § 2. Section 18-101 of the general obligations law, as added by chap- 6 ter 711 of the laws of 1988, is amended to read as follows: 7 § 18-101. Legislative purpose. The legislature hereby finds that 8 alpine or downhill skiing [is both a] and snowboarding are major recre- 9 ational [sport] sports and a major industry within the state of New 10 York. The legislature further finds: (1) that downhill skiing and snow- 11 boarding, like many other sports, [contains] contain inherent risks 12 including, but not limited to, the risks of personal injury or death or 13 property damage, which may be caused by variations in terrain or weather 14 conditions; surface or subsurface snow, ice, bare spots or areas of thin 15 cover, moguls, ruts, bumps; other persons using the facilities; and 16 rocks, forest growth, debris, branches, trees, roots, stumps or other 17 natural objects or man-made objects that are incidental to the provision 18 or maintenance of a ski facility in New York state; (1-a) that downhill 19 skiing or snowboarding without protective headgear substantially 20 increases the risk of serious head injury and death resulting from such 21 injury; (2) that downhill skiing or snowboarding, without established 22 rules of conduct and care, may result in injuries to persons and proper- 23 ty; (3) that it is appropriate, as well as in the public interest, to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05427-01-9A. 1782 2 1 take such steps as are necessary to help reduce the risk of injury to 2 downhill skiers and snowboarders from undue, unnecessary and unreason- 3 able hazards; and (4) that it is also necessary and appropriate that 4 skiers and snowboarders become apprised of, and understand, the risks 5 inherent in the [sport] sports of skiing and snowboarding so that they 6 may make an informed decision of whether or not to participate in 7 [skiing] such sports notwithstanding the risks. Therefore, the purpose 8 and intent of this article is to establish a code of conduct for down- 9 hill skiers, snowboarders and ski area operators to minimize the risk of 10 injury to persons engaged in the [sport] sports of downhill skiing and 11 snowboarding and to promote safety in the downhill ski [industry] and 12 snowboarding industries. 13 § 3. Subdivisions 1 and 2 of section 18-102 of the general obligations 14 law, as added by chapter 711 of the laws of 1988, are amended to read as 15 follows: 16 1. "Lift ticket" means any item issued by a ski area operator to any 17 skier or snowboarder that is intended to be affixed to the outerwear of 18 the skier or snowboarder, or otherwise displayed by a skier or snow- 19 boarder, to signify lawful entry upon and use of the passenger tramways 20 or ski slopes or trails maintained by the ski area operator. 21 2. "Passenger tramway" means a mechanical device intended to transport 22 skiers or snowboarders for the purpose of providing access to ski slopes 23 and trails as defined by the commissioner of labor pursuant to section 24 two hundred two-c or eight hundred sixty-seven of the labor law. 25 § 4. Section 18-102 of the general obligations law is amended by 26 adding a new subdivision 8 to read as follows: 27 8. "Snowboarder" means any person wearing a snowboard and any person 28 actually on a ski slope or trail located at a ski area, for the purpose 29 of snowboarding. 30 § 5. Subdivisions 2, 7, 13 and 14 and subparagraph (i) of paragraph c 31 of subdivision 6 of section 18-103 of the general obligations law, as 32 added by chapter 711 of the laws of 1988, are amended to read as 33 follows: 34 2. To post in a location likely to be seen by all skiers and snow- 35 boarders signs of such size and color as will enable skiers and snow- 36 boarders to have knowledge of their responsibilities under this article. 37 (i) skier or snowboarder use; 38 7. To develop and maintain a written policy consistent with the regu- 39 lations of the commissioner of labor upon the advice of the passenger 40 tramway advisory council for situations involving the reckless conduct 41 of skiers and snowboarders, which shall include, but not be limited to: 42 a. a definition of reckless conduct; and 43 b. procedures for approaching and warning skiers and snowboarders of 44 reckless conduct and procedures for dealing with such skiers and snow- 45 boarders which may include the revocation of the lift tickets of such 46 skiers and snowboarders. 47 13. To, within a reasonable amount of time after the inspection 48 required by subdivision six of this section, conspicuously mark with 49 such implements as may be specified by the commissioner of labor pursu- 50 ant to section eight hundred sixty-seven of the labor law and to provide 51 sufficient warning to skiers and snowboarders by such marking or remove 52 such obstacles or hazards which are located within the boundaries of any 53 ski slope or trail and were noted pursuant to paragraph c of subdivision 54 six of this section; and to also conspicuously mark with such implements 55 and provide such warning or remove such obstacles or hazards within a 56 reasonable amount of time after receipt of notice by the ski area opera-A. 1782 3 1 tor from any skier or snowboarder as to the presence of such obstacles 2 or hazards when notice is given at sites designated by the ski area 3 operator for such receipt and the locations of which are made known to 4 skiers or snowboarders pursuant to paragraph c of subdivision five of 5 this section. 6 14. To have present at all times when skiing [activity is] or snow- 7 boarding activities are in progress, individuals properly and appropri- 8 ately trained for the safe operation of on-slope vehicles; trail mainte- 9 nance equipment; tramways; tramway evacuations; implementation of the 10 reckless skier and snowboarder policy; first aid and outdoor rescue; 11 and, to have present according to a schedule posted for access by skiers 12 and snowboarders, by the ski area operator, personnel appropriately 13 trained in the instruction of skiers, snowboarders and passengers in 14 methods of risk reduction while using ski slopes and passenger tramways 15 and the instruction of skiers and snowboarders with respect to the risks 16 inherent in the sport. 17 § 6. Section 18-105 of the general obligations law, as added by chap- 18 ter 711 of the laws of 1988, is amended to read as follows: 19 § 18-105. Duties of skiers and snowboarders. All skiers and snow- 20 boarders shall have the following duties: 21 1. Not to ski or snowboard in any area not designated for skiing or 22 snowboarding; 23 2. Not to ski or snowboard beyond their limits or ability to overcome 24 variations in slope, trail configuration and surface or subsurface 25 conditions which may be caused or altered by weather, slope or trail 26 maintenance work by the ski area operator, or skier or snowboarder use; 27 3. To abide by the directions of the ski area operator; 28 4. To remain in constant control of speed and course at all times 29 while skiing or snowboarding so as to avoid contact with plainly visible 30 or clearly marked obstacles and with other skiers, snowboarders and 31 passengers on surface operating tramways; 32 5. To familiarize themselves with posted information before skiing or 33 snowboarding any slope or trail, including all information posted pursu- 34 ant to subdivision five of section 18-103 of this article; 35 6. Not to cross the uphill track of any surface lift, except at points 36 clearly designated by the ski area operator; 37 7. Not to ski or snowboard on a slope or trail or portion thereof that 38 has been designated as "closed" by the ski area operator; 39 8. Not to leave the scene of any accident resulting in personal injury 40 to another party until such times as the ski area operator arrives, 41 except for the purpose of summoning aid; 42 9. Not to overtake another skier or snowboarder in such a manner as to 43 cause contact with the skier or snowboarder being overtaken and to yield 44 the right-of-way to the skier or snowboarder being overtaken; 45 10. Not to willfully stop on any slope or trail where such stopping is 46 likely to cause a collision with other skiers, snowboarders or vehicles; 47 11. To yield to other skiers or snowboarders when entering a trail or 48 starting downhill; 49 12. To wear retention straps or other devices to prevent runaway skis 50 or snowboards; 51 13. To report any personal injury to the ski area operator before 52 leaving the ski area; [and] 53 14. Not to willfully remove, deface, alter or otherwise damage 54 signage, warning devices or implements, or other safety devices placed 55 and maintained by the ski area operator pursuant to the requirements of 56 section 18-103 of this article[.]; andA. 1782 4 1 15. To wear protective headgear while skiing or snowboarding if age 2 fourteen or under. 3 § 7. Section 18-106 of the general obligations law, as added by chap- 4 ter 711 of the laws of 1988 and paragraph d of subdivision 1 as amended 5 by chapter 322 of the laws of 1989, is amended to read as follows: 6 § 18-106. Duties of skiers, snowboarders and ski area operators with 7 respect to inherent risks. It is recognized that skiing [is a] and snow- 8 boarding are voluntary [activity] activities that may be hazardous 9 regardless of all feasible safety measures that can be undertaken by ski 10 area operators. Accordingly: 11 1. Ski area operators shall have the following additional duties: 12 a. To post at every point of sale or distribution of lift tickets, 13 whether on or off the premises of the ski area operator, a conspicuous 14 "Warning to Skiers and Snowboarders" relative to the inherent risks of 15 skiing and snowboarding in accordance with regulations promulgated by 16 the commissioner of labor pursuant to subdivision four of section eight 17 hundred sixty-seven of the labor law, and to imprint upon all lift tick- 18 ets sold or distributed, such text and graphics as the commissioner of 19 labor shall similarly specify, which shall conspicuously direct the 20 attention of all skiers and snowboarders to the required "Warning to 21 Skiers and Snowboarders"; 22 b. To post at every point of sale or distribution of lift tickets at a 23 ski area notice to skiers, snowboarders and passengers that this article 24 prescribes certain duties for skiers, snowboarders, passengers and ski 25 area operators, and to make copies of this article in its entirety 26 available without charge upon request to skiers, snowboarders and 27 passengers in a central location at the ski area; 28 c. To make available at reasonable fees[, as required by subdivision29thirteen of section 18-103 of this article,] instruction and education 30 for skiers and snowboarders relative to the risks inherent in the 31 [sport] sports of skiing and snowboarding and the duties prescribed for 32 skiers and snowboarders by this article, and to conspicuously post 33 notice of the times and places of availability of such instruction and 34 education in locations where it is likely to be seen by skiers and snow- 35 boarders; [and] 36 d. To post notice to skiers and snowboarders of the right to a refund 37 to the purchaser in the form and amount paid in the initial sale of any 38 lift ticket returned to the ski area operator, intact and unused, upon 39 declaration by such purchaser that he or she is unprepared or unwilling 40 to ski or snowboard due to the risks inherent in [the sport] such sports 41 or the duties imposed upon him or her by this article[.]; 42 e. To offer for sale or rental protective headgear and prohibit any 43 skier or snowboarder age fourteen or under who is not wearing protective 44 headgear from skiing or snowboarding. Such headgear shall meet the 45 standards of the American National Standards Institute and standards set 46 forth in regulations promulgated by the commissioner of labor in accord- 47 ance with the provisions of article twenty-six of the labor law; and 48 f. To post notice in bold and conspicuous type at the point or points 49 of transaction the following: "NEW YORK STATE LAW REQUIRES THAT ALL 50 SKIERS AND SNOWBOARDERS AGE FOURTEEN AND UNDER WEAR PROTECTIVE HEAD- 51 GEAR." 52 2. Skiers and snowboarders shall have the following additional duties 53 to enable them to make informed decisions as to the advisability of 54 their participation in [the sport] such sports: 55 a. To seek out, read, review and understand, in advance of skiing or 56 snowboarding, a "Warning to Skiers and Snowboarders" as shall be definedA. 1782 5 1 pursuant to subdivision five of section eight hundred sixty-seven of the 2 labor law, which shall be displayed and provided pursuant to paragraph a 3 of subdivision one of this section; and 4 b. To obtain such education in the [sport] sports of skiing and snow- 5 boarding as the individual skier or snowboarder shall deem appropriate 6 to his or her level of ability, including the familiarization with 7 skills and duties necessary to reduce the risk of injury in such [sport] 8 sports. 9 § 8. Section 18-107 of the general obligations law, as added by chap- 10 ter 711 of the laws of 1988, is amended to read as follows: 11 § 18-107. Construction. Unless otherwise specifically provided in this 12 article, the duties of skiers, snowboarders, passengers, and ski area 13 operators shall be governed by common law. 14 § 9. Subdivision 4 of section 12-c of the labor law, as amended by 15 chapter 338 of the laws of 1978, is amended to read as follows: 16 4. The advisory council shall consider all matters in connection with 17 ski tows, other passenger tramways [and], downhill skiing and snowboard- 18 ing referred to it by the commissioner and advise him with respect ther- 19 eto, and on its own initiative, or upon the suggestion of others, may 20 make such recommendations to the commissioner in connection with ski 21 tows, other passenger tramways [and], downhill skiing and snowboarding 22 as, after consideration by it, may be deemed necessary. 23 § 10. The article heading of article 26 of the labor law, as added by 24 chapter 338 of the laws of 1978, is amended to read as follows: 25 SAFETY [IN SKIING] ON THE SLOPES 26 § 11. Section 865 of the labor law, as added by chapter 338 of the 27 laws of 1978, is amended to read as follows: 28 § 865. Short title. This article shall be known and may be cited as 29 the "safety [in skiing] on the slopes act". 30 § 12. Section 866 of the labor law, as added by chapter 338 of the 31 laws of 1978, is amended to read as follows: 32 § 866. Declaration of legislative findings. The legislature hereby 33 finds that alpine or downhill skiing [is both a] and snowboarding are 34 major recreational [sport] sports and a major industry within the state 35 of New York. The legislature further finds: (a) that downhill skiing and 36 snowboarding, like many other sports, [is] are not without some inherent 37 risks; (b) that downhill skiing and snowboarding, without established 38 rules of conduct and care, may result in injuries to persons and proper- 39 ty; and (c) that it is necessary and appropriate, as well as in the 40 public interest, to take steps to protect downhill skiers and snowboard- 41 ers from undue, unnecessary and unreasonable hazards, and to encourage 42 and promote safety in the downhill ski [industry] and snowboarding 43 industries. 44 It is, therefore, the intent of this article to create and provide for 45 the promulgation of a code of conduct for downhill skiers, snowboarders 46 and ski area operators which will minimize the risk of injury to persons 47 and property engaged in the [sport] sports of downhill skiing and snow- 48 boarding. 49 § 13. The section heading, subdivision 1 and subdivision 5 of section 50 867 of the labor law, the section heading and subdivision 1 as amended 51 and subdivision 5 as added by chapter 711 of the laws of 1988, are 52 amended to read as follows: 53 Safety [in skiing] on the slopes code. 1. The commissioner, on the 54 advice of the passenger tramway advisory council as created pursuant to 55 section twelve-c of this chapter, shall promulgate rules and regu- 56 lations, consistent with article eighteen of the general obligationsA. 1782 6 1 law, intended to guard against personal injuries to downhill skiers and 2 snowboarders which will, in view of such intent, define the duties and 3 responsibilities of downhill skiers and snowboarders and the duties and 4 responsibilities of ski area operators. Such duties shall include, but 5 not be limited to, the provision by ski area operators of protective 6 headgear, for purchase or rental and the requirement that skiers or 7 snowboarders under the age of fourteen wear protective headgear. 8 5. Upon advice of the passenger tramway advisory council, the commis- 9 sion shall, [on] prior to the fifteenth day of March, [nineteen hundred10eighty-nine] two thousand twenty, promulgate updated rules which shall 11 set forth specifications for the uniform textual and graphic content, 12 physical description, and conspicuous posting of a "Warning to Skiers 13 and Snowboarders" regarding the risks inherent in the sport as set forth 14 in section 18-101 of the general obligations law, specifically the risk 15 of head injury, which shall be posted and provided to skiers and snow- 16 boarders by ski [areas] area operators in accordance with subdivision 17 one of section 18-106 of the general obligations law, and shall promul- 18 gate rules which shall set forth textual and graphic specifications 19 designed to occupy not more than twenty-five percent of the imprintable 20 surface area of the face side nor more than eighty percent of the 21 imprintable surface area of the reverse side or backing paper of all 22 lift tickets sold or distributed in the state, as defined by section 23 18-102 of the general obligations law, which shall uniformly serve to 24 direct the attention of all skiers or snowboarders to the "Warning to 25 Skiers and Snowboarders" herein directed to be promulgated and required 26 by section 18-106 of the general obligations law. 27 § 14. This act shall take effect on the one hundred twentieth day 28 after it shall have become a law. Effective immediately, the addition, 29 amendment and/or repeal of any rule or regulation necessary for the 30 timely implementation of this act on its effective date are authorized 31 to be made and completed on or before such effective date.
