Bill Text: NY A03295 | 2011-2012 | General Assembly | Amended

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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: Moderate Partisan Bill (Democrat 22-6)

Status: (Introduced - Dead) 2011-05-11 - enacting clause stricken [A03295 Detail]

Download: New_York-2011-A03295-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3295--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced by M. of A. DESTITO, WRIGHT, ORTIZ, PHEFFER, MORELLE, THIELE,
         DINOWITZ,  JAFFEE,  GLICK, BOYLE, DUPREY, SAYWARD, P. LOPEZ, P. RIVERA
         -- Multi-Sponsored by -- M. of  A.  COLTON,  FINCH,  GALEF,  JEFFRIES,
         MAISEL,  MARKEY,  McDONOUGH,  MILLMAN,  PAULIN,  REILLY,  SCARBOROUGH,
         SCHIMMINGER, SWEENEY -- read once and referred  to  the  Committee  on
         Judiciary  -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03586-03-1
       A. 3295--A                          2
    1  BETWEEN  THE  DATE  OF  THE  VIOLATION  AND THE APPEARANCE DATE FOR SUCH
    2  VIOLATION SUCH PERSON PURCHASED OR RENTED A HELMET.
    3    2. LOCAL LAW ENFORCEMENT SHALL BE SOLELY RESPONSIBLE FOR ENFORCING THE
    4  PROVISIONS  OF  SUBDIVISION FIFTEEN OF SECTION 18-105 OF THIS ARTICLE. A
    5  POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF SUCH SUBDI-
    6  VISION BY A PERSON UNDER FOURTEEN YEARS OF AGE TO THE PARENT OR GUARDIAN
    7  OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON OCCURS IN THE PRESENCE OF
    8  SUCH PERSON'S PARENT OR GUARDIAN AND WHERE SUCH PARENT  OR  GUARDIAN  IS
    9  EIGHTEEN  YEARS  OF  AGE  OR OLDER. SUCH SUMMONS SHALL ONLY BE ISSUED TO
   10  SUCH PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON UNDER THE
   11  AGE OF FOURTEEN.
   12    S 3. Section 18-103 of the  general  obligations  law  is  amended  by
   13  adding three new subdivisions 15, 16 and 17 to read as follows:
   14    15.    (A)  TO POST SIGNS AT THE CENTRAL LOCATION INFORMATION BOARD AT
   15  THE SKI AREA AND AT ALL ON SITE LOCATIONS WHERE TICKETS  ARE  SOLD  THAT
   16  ADVISES  CUSTOMERS  OF THE AVAILABILITY OF HELMETS FOR SALE AND FOR RENT
   17  AT THE SKI AREA; AND
   18    (B) TO POST SIGNS AT THE CENTRAL LOCATION INFORMATION BOARD AT THE SKI
   19  AREA AND AT ALL ON SITE LOCATIONS WHERE TICKETS ARE  SOLD  THAT  ADVISES
   20  CUSTOMERS OF THEIR OBLIGATIONS UNDER SECTION 18-105 OF THIS ARTICLE.
   21    16.  TO  MAINTAIN  A  REASONABLE INVENTORY OF HELMETS FOR RENT AND FOR
   22  SALE.  SUCH HELMETS SHALL MEET THE STANDARDS AND CRITERIA SET  FORTH  IN
   23  SUBDIVISION FIFTEEN OF SECTION 18-105 OF THIS ARTICLE.
   24    17.  TO  PUBLISH ON ALL LIFT TICKETS THE FOLLOWING LANGUAGE: "NEW YORK
   25  STATE  LAW  PROHIBITS  CHILDREN  UNDER  FOURTEEN  YEARS  OF   AGE   FROM
   26  SKIING/SNOWBOARDING WITHOUT A HELMET."
   27    S 4. This act shall take effect on the one hundred eightieth day after
   28  it  shall have become a law; provided however that section three of this
   29  act shall take effect one year after it shall have become a law.