Bill Text: NY S03282 | 2013-2014 | 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 (Republican 4-2)

Status: (Engrossed - Dead) 2014-06-17 - referred to judiciary [S03282 Detail]

Download: New_York-2013-S03282-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3282
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 31, 2013
                                      ___________
       Introduced  by  Sen.  LITTLE -- 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    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.
   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.
                                                                  LBD01199-01-3
       S. 3282                             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    S 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    S 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.