Bill Text: NY S01945 | 2019-2020 | 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: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S01945 Detail]

Download: New_York-2019-S01945-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1945
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 17, 2019
                                       ___________
        Introduced by Sens. LITTLE, YOUNG -- read twice and ordered printed, and
          when printed to be committed 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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03142-01-9
        S. 1945                             2
     1  vision by a person under fourteen years of age to the parent or guardian
     2  of such person if the violation by such person occurs in the presence of
     3  such person's parent or guardian and where such parent  or  guardian  is
     4  eighteen  years  of  age  or older. Such summons shall only be issued to
     5  such parent or guardian, and shall not be issued to the person under the
     6  age of fourteen.
     7    § 3. Section 18-103 of the  general  obligations  law  is  amended  by
     8  adding three new subdivisions 15, 16 and 17 to read as follows:
     9    15.    (a)  To post signs at the central location information board at
    10  the ski area and at all on site locations where tickets  are  sold  that
    11  advises  customers  of the availability of helmets for sale and for rent
    12  at the ski area; and
    13    (b) To post signs at the central location information board at the ski
    14  area and at all on site locations where tickets are  sold  that  advises
    15  customers of their obligations under section 18-105 of this article.
    16    16.  To  maintain  a  reasonable inventory of helmets for rent and for
    17  sale.  Such helmets shall meet the standards and criteria set  forth  in
    18  subdivision fifteen of section 18-105 of this article.
    19    17.  To  publish on all lift tickets the following language: "New York
    20  state  law  prohibits  children  under  fourteen  years  of   age   from
    21  skiing/snowboarding without a helmet."
    22    § 4. This act shall take effect on the one hundred eightieth day after
    23  it  shall have become a law; provided however that section three of this
    24  act shall take effect one year after it shall have become a law.