Bill Text: NY A09749 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 9749 (Prior Session Legislation)

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 - Dead) 2018-02-05 - referred to judiciary [A09749 Detail]

Download: New_York-2017-A09749-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          9749
                   IN ASSEMBLY
                                    February 5, 2018
                                       ___________
        Introduced  by M. of A. JONES -- 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.
    23    2. Local law enforcement shall be solely responsible for enforcing the
    24  provisions of subdivision fifteen of section 18-105 of this  article.  A
    25  police officer shall only issue a summons for a violation of such subdi-
    26  vision by a person under fourteen years of age to the parent or guardian
    27  of such person if the violation by such person occurs in the presence of
    28  such  person's  parent  or guardian and where such parent or guardian is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00333-01-7

        A. 9749                             2
     1  eighteen years of age or older. Such summons shall  only  be  issued  to
     2  such parent or guardian, and shall not be issued to the person under the
     3  age of fourteen.
     4    §  3.  Section  18-103  of  the  general obligations law is amended by
     5  adding three new subdivisions 15, 16 and 17 to read as follows:
     6    15.  (a) To post signs at the central location  information  board  at
     7  the  ski  area  and at all on site locations where tickets are sold that
     8  advises customers of the availability of helmets for sale and  for  rent
     9  at the ski area; and
    10    (b) To post signs at the central location information board at the ski
    11  area  and  at  all on site locations where tickets are sold that advises
    12  customers of their obligations under section 18-105 of this article.
    13    16. To maintain a reasonable inventory of helmets  for  rent  and  for
    14  sale.    Such helmets shall meet the standards and criteria set forth in
    15  subdivision fifteen of section 18-105 of this article.
    16    17. To publish on all lift tickets the following language:  "New  York
    17  state   law   prohibits  children  under  fourteen  years  of  age  from
    18  skiing/snowboarding without a helmet."
    19    § 4. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law; provided however that section three of  this
    21  act shall take effect one year after it shall have become a law.