Bill Text: NY A01911 | 2015-2016 | General Assembly | Introduced

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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: Slight Partisan Bill (Democrat 16-8)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A01911 Detail]

Download: New_York-2015-A01911-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1911
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M. of A. MARKEY, JAFFEE, MAGNARELLI, CRESPO, FAHY, SCHI-
         MEL, BRINDISI, STIRPE -- Multi-Sponsored by -- M. of A.  COOK,  GLICK,
         McDONOUGH,  RIVERA, STEC -- 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    S  2.  The  general obligations law is amended by adding a new section
   16  18-106-a to read as follows:
   17    S 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.
                                                                  LBD05722-01-5
       A. 1911                             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    S  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    S 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.