STATE OF NEW YORK ________________________________________________________________________ 3772 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. ORTIZ, JAFFEE, WEPRIN, LAVINE, COOK, GOTTFRIED, THIELE -- 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 § 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 § 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 § 4. The labor law is amended by adding a new section 867-a to read as 21 follows: 22 § 867-a. Penalties. If the commissioner finds that a ski area operator 23 has knowingly violated the provisions of subdivision fifteen or sixteen 24 of section 18-103 of the general obligations law, the commissioner shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08125-01-9A. 3772 2 1 impose a fine of one hundred dollars for the first such violation, two 2 hundred dollars for a second violation, and for any subsequent 3 violation, the commissioner may, in his or her discretion, after a hear- 4 ing thereon, suspend the license of such ski area operator for a period 5 of three days. 6 § 5. This act shall take effect on the sixtieth day after it shall 7 have become a law.