Bill Text: NY A01059 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires skiers to wear protective helmets and requires that ski area operators make educational literature regarding injury prevention and such helmets available to the public and require their use; provides for penalties for violations by ski area operators.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A01059 Detail]

Download: New_York-2011-A01059-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1059
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  ORTIZ, MILLMAN, SCARBOROUGH, CASTRO, HOOPER,
         WEISENBERG, JAFFEE, JEFFRIES, KAVANAGH -- Multi-Sponsored by -- M.  of
         A.  CLARK, COOK, GOTTFRIED, HIKIND, MARKEY, MAYERSOHN, PHEFFER -- 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 ski area operators and penalties
         for violation thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 18-103 of the general obligations law is amended by
    2  adding two new subdivisions 15 and 16 to read as follows:
    3    15.  TO  ENSURE  THAT  SKIERS  ARE NOT PERMITTED TO ENTER THE SKI AREA
    4  WITHOUT A PROTECTIVE HELMET.
    5    16. TO MAKE AVAILABLE TO THE PUBLIC, FOR  SALE  OR  LEASE,  PROTECTIVE
    6  HELMETS.
    7    S  2.  Section  18-105  of  the  general obligations law is amended by
    8  adding a new subdivision 12-a to read as follows:
    9    12-A. TO WEAR A PROTECTIVE HELMET WHILE IN THE SKI AREA;
   10    S 3. Paragraph c of subdivision 1 of section  18-106  of  the  general
   11  obligations law, as added by chapter 711 of the laws of 1988, is amended
   12  to read as follows:
   13    c.  To  make  available at reasonable fees, as required by subdivision
   14  thirteen of section 18-103 of this article,  instruction  and  education
   15  for  skiers  relative  to the risks inherent in the sport and the duties
   16  prescribed for skiers by this article, EDUCATIONAL LITERATURE  REGARDING
   17  INJURY  PREVENTION  and  to  conspicuously  post notice of the times and
   18  places of availability of such instruction and  education  in  locations
   19  where it is likely to be seen by skiers; and
   20    S 4. The labor law is amended by adding a new section 867-a to read as
   21  follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03662-01-1
       A. 1059                             2
    1    S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
    2  HAS  KNOWINGLY VIOLATED THE PROVISIONS OF SUBDIVISION FIFTEEN OR SIXTEEN
    3  OF SECTION 18-103 OF THE GENERAL OBLIGATIONS LAW, THE COMMISSIONER SHALL
    4  IMPOSE A FINE OF ONE HUNDRED DOLLARS FOR THE FIRST SUCH  VIOLATION,  TWO
    5  HUNDRED   DOLLARS  FOR  A  SECOND  VIOLATION,  AND  FOR  ANY  SUBSEQUENT
    6  VIOLATION, THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A HEAR-
    7  ING THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A  PERIOD
    8  OF THREE DAYS.
    9    S  5.  This  act  shall take effect on the sixtieth day after it shall
   10  have become a law.