Bill Text: NY A05961 | 2015-2016 | General Assembly | Introduced


Bill Title: Requires children under the age of eighteen to wear protective headgear while skiing or snowboarding; imposes civil fines for violations thereof; applies safety in skiing code requirements to snowboarders and snowboarding.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2016-05-10 - reported referred to codes [A05961 Detail]

Download: New_York-2015-A05961-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5961
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by  M. of A. KAVANAGH, JAFFEE, WEPRIN, PAULIN -- Multi-Spon-
         sored by -- M. of A.  ARROYO, CLARK, CORWIN, McDONOUGH, MILLER,  SALA-
         DINO, SIMOTAS -- read once and referred to the Committee on Judiciary
       AN  ACT  to  amend  the  general  obligations  law and the labor law, in
         relation to the duties of skiers and snowboarders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 18-102 of the general obligations law is amended by
    2  adding a new subdivision 8 to read as follows:
    3    8.  "SNOWBOARDER" MEANS ANY PERSON WEARING A SNOWBOARD AND ACTUALLY ON
    4  A SKI SLOPE OR A TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE  OF  SNOW-
    5  BOARDING.
    6    S  2.  Subdivisions  13  and 14 of section 18-105 of the general obli-
    7  gations law, as added by chapter 711 of the laws of  1988,  are  amended
    8  and a new subdivision 15 is added to read as follows:
    9    13.  To  report  any  personal  injury to the ski area operator before
   10  leaving the ski area; [and]
   11    14. Not  to  willfully  remove,  deface,  alter  or  otherwise  damage
   12  signage,  warning  devices or implements, or other safety devices placed
   13  and maintained by the ski area operator pursuant to the requirements  of
   14  section 18-103 of this article[.]; AND
   15    15.  NOT  TO ENGAGE IN DOWNHILL SKIING IN ANY AREA UNLESS HE OR SHE IS
   16  WEARING A PROTECTIVE HELMET.  THE PROVISIONS OF THIS  SUBDIVISION  SHALL
   17  APPLY ONLY TO SKIERS UNDER EIGHTEEN YEARS OF AGE.
   18    S  3.  The  general obligations law is amended by adding a new section
   19  18-105-a to read as follows:
   20    S 18-105-A. SNOWBOARDERS; PROTECTIVE HELMETS. NO PERSON UNDER EIGHTEEN
   21  YEARS OF AGE SHALL ENGAGE IN SNOWBOARDING IN ANY AREA UNLESS HE  OR  SHE
   22  IS WEARING A PROTECTIVE HELMET.
   23    S  4.  The  opening  paragraph  of section 18-106 of the general obli-
   24  gations law, as added by chapter 711 of the laws of 1988, is amended  to
   25  read as follows:
   26    It  is  recognized  that  skiing [is a] AND SNOWBOARDING ARE voluntary
   27  [activity] ACTIVITIES that may be hazardous regardless of  all  feasible
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04409-01-5
       A. 5961                             2
    1  safety measures that can be undertaken by ski area operators. According-
    2  ly:
    3    S  5.  Paragraphs  c  and  d of subdivision 1 of section 18-106 of the
    4  general obligations law, paragraph c as added by chapter 711 of the laws
    5  of 1988 and paragraph d as amended by chapter 322 of the laws  of  1989,
    6  are amended and two new paragraphs e and f are added to read as follows:
    7    c.  To  make  available at reasonable fees, as required by subdivision
    8  thirteen of section 18-103 of this article,  instruction  and  education
    9  for  skiers  relative  to the risks inherent in the sport and the duties
   10  prescribed for skiers by this article, and to conspicuously post  notice
   11  of  the  times and places of availability of such instruction and educa-
   12  tion in locations where it is likely to be seen by skiers; [and]
   13    d. To post notice to skiers of the right to a refund to the  purchaser
   14  in  the  form  and  amount  paid  in the initial sale of any lift ticket
   15  returned to the ski area operator, intact and unused,  upon  declaration
   16  by  such  purchaser that he or she is unprepared or unwilling to ski due
   17  to the risks inherent in the sport or the duties imposed upon him or her
   18  by this article[.];
   19    E.  TO OFFER FOR SALE OR RENTAL PROTECTIVE HEADGEAR AND  PROHIBIT  ANY
   20  SKIER  OR  SNOWBOARDER  UNDER  EIGHTEEN  YEARS OF AGE WHO IS NOT WEARING
   21  PROTECTIVE HEADGEAR FROM SKIING OR  SNOWBOARDING.  SUCH  HEADGEAR  SHALL
   22  MEET  THE  STANDARDS  OF  THE  AMERICAN NATIONAL STANDARDS INSTITUTE AND
   23  STANDARDS SET FORTH IN REGULATIONS PROMULGATED BY  THE  COMMISSIONER  OF
   24  LABOR  IN  ACCORDANCE  WITH  THE PROVISIONS OF ARTICLE TWENTY-SIX OF THE
   25  LABOR LAW; AND
   26    F. TO POST NOTICE IN BOLD AND CONSPICUOUS TYPE AT THE POINT OR  POINTS
   27  OF  TRANSACTION  THE  FOLLOWING:  "NEW  YORK STATE LAW REQUIRES THAT ALL
   28  SKIERS AND SNOWBOARDERS UNDER EIGHTEEN  YEARS  OF  AGE  WEAR  PROTECTIVE
   29  HEADGEAR."
   30    S 6. The section heading and subdivision 1 of section 867 of the labor
   31  law,  as amended by chapter 711 of the laws of 1988, are amended to read
   32  as follows:
   33    Safety [in skiing] ON THE SLOPES code. 1.  The  commissioner,  on  the
   34  advice  of the passenger tramway advisory council as created pursuant to
   35  section twelve-c of this  chapter,  shall  promulgate  rules  and  regu-
   36  lations,  consistent  with  article  eighteen of the general obligations
   37  law, intended to guard against personal injuries to downhill skiers  AND
   38  SNOWBOARDERS  which  will, in view of such intent, define the duties and
   39  responsibilities of downhill skiers AND SNOWBOARDERS and the duties  and
   40  responsibilities  of ski area operators.  SUCH DUTIES SHALL INCLUDE, BUT
   41  NOT BE LIMITED TO, THE PROVISION BY SKI  AREA  OPERATORS  OF  PROTECTIVE
   42  HEADGEAR,  FOR  PURCHASE  OR RENTAL, AND THE REQUIREMENT THAT SKIERS AND
   43  SNOWBOARDERS UNDER EIGHTEEN YEARS OF AGE WEAR PROTECTIVE HEADGEAR.
   44    S 7. The labor law is amended by adding a new section 867-a to read as
   45  follows:
   46    S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
   47  HAS KNOWINGLY VIOLATED PARAGRAPH E OR F OF SUBDIVISION  ONE  OF  SECTION
   48  18-106  OF  THE GENERAL OBLIGATIONS LAW, THE COMMISSIONER SHALL IMPOSE A
   49  FINE OF UP TO ONE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION OR UP  TO
   50  TWO  HUNDRED DOLLARS FOR ANY VIOLATION THAT OCCURS WITHIN A YEAR AFTER A
   51  PRIOR VIOLATION.
   52    S 8. This act shall take effect on the ninetieth day  after  it  shall
   53  have become a law.
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