Bill Text: NY A04398 | 2017-2018 | General Assembly | Introduced

---

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 9-0)

Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A04398 Detail]

Download: New_York-2017-A04398-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4398
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced  by M. of A. ORTIZ, HOOPER, JAFFEE, KAVANAGH, WEPRIN, LAVINE,
          COOK, GOTTFRIED, HIKIND, 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08958-01-7
        A. 4398                             2
     1  of section 18-103 of the general obligations law, the commissioner shall
     2  impose  a  fine of one hundred dollars for the first such violation, two
     3  hundred  dollars  for  a  second  violation,  and  for  any   subsequent
     4  violation, the commissioner may, in his or her discretion, after a hear-
     5  ing  thereon, suspend the license of such ski area operator for a period
     6  of three days.
     7    § 5. This act shall take effect on the sixtieth  day  after  it  shall
     8  have become a law.