Bill Text: NY A04892 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires children under the age of eighteen to wear protective headgear while skiing or snowboarding; imposes civil fines for violations thereof; applies safety in skiing code requirements to snowboarders and snowboarding.
Spectrum: Slight Partisan Bill (Democrat 11-6)
Status: (Introduced - Dead) 2012-06-15 - print number 4892b [A04892 Detail]
Download: New_York-2011-A04892-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4892
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
___________
Introduced by M. of A. KAVANAGH, JAFFEE, PHEFFER, P. RIVERA, SPANO,
WEPRIN -- Multi-Sponsored by -- M. of A. ARROYO, CALHOUN, CLARK,
CORWIN, LINARES, McDONOUGH, J. MILLER, SALADINO, SIMOTAS, WEISENBERG
-- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law and the labor law, in
relation to safety and the use of helmets when skiing, sledding and
snowboarding
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1, 4 and 7 of section 18-102 of the general
2 obligations law, as added by chapter 711 of the laws of 1988, are
3 amended and two new subdivisions 8 and 9 are added to read as follows:
4 1. "Lift ticket" means any item issued by a ski area operator to any
5 skier, SLEDDER OR SNOWBOARDER that is intended to be affixed to the
6 outerwear of the skier, SLEDDER OR SNOWBOARDER, or otherwise displayed
7 by a skier, SLEDDER OR SNOWBOARDER, to signify lawful entry upon and use
8 of the passenger tramways or ski slopes or trails maintained by the ski
9 area operator.
10 4. "Ski area" means all ski slopes, ski trails, SLEDDING SLOPES, SLED-
11 DING TRAILS, SNOWBOARD SLOPES, SNOWBOARD TRAILS and passenger tramways
12 administered as a single enterprise within this state.
13 7. "Ski slopes and trails" mean those areas designated by the ski area
14 operator for skiing, SLEDDING OR SNOWBOARDING.
15 8. "SNOWBOARDER" MEANS ANY PERSON WEARING A SNOWBOARD AND ANY PERSON
16 ACTUALLY ON A SKI SLOPE OR TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE
17 OF SNOWBOARDING.
18 9. "SLEDDER" MEANS ANY PERSON USING A SLED, WHICH IS ANY VEHICLE USED
19 FOR CARRYING PEOPLE OR LOADS OVER ICE AND SNOW, ACTUALLY ON A SLOPE OR
20 TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE OF SLEDDING.
21 S 2. Section 18-103 of the general obligations law is amended by
22 adding three new subdivisions 15, 16 and 17 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07333-01-1
A. 4892 2
1 15. TO INCORPORATE AND APPLY ALL OF THE DUTIES AND RESPONSIBILITIES OF
2 THIS SECTION TO SLEDDING, SLEDDERS, SNOWBOARDING AND SNOWBOARDERS.
3 16. TO CONSPICUOUSLY POST AND MAINTAIN APPROPRIATE SIGNAGE REGARDING
4 THE HELMET REQUIREMENT, AS PROVIDED IN SECTION 18-106-A OF THIS ARTICLE.
5 17. TO MAKE AVAILABLE FOR SALE OR RENTAL, AT A REASONABLE FEE, PROTEC-
6 TIVE HEADGEAR FOR PERSONS UNDER FOURTEEN YEARS OF AGE TO WEAR WHILE
7 SKIING, SLEDDING OR SNOWBOARDING, AS PROVIDED IN SECTION 18-106-A OF
8 THIS ARTICLE.
9 S 3. The section heading and the opening paragraph of section 18-105
10 of the general obligations law, as added by chapter 711 of the laws of
11 1988, are amended to read as follows:
12 Duties of skiers, SLEDDERS AND SNOWBOARDERS. All skiers shall have
13 the following duties AND ALL SLEDDERS AND SNOWBOARDERS SHALL HAVE THE
14 SAME DUTIES AS APPLICABLE TO SNOWBOARDING AND SNOWBOARDING SLOPES AND
15 TRAILS:
16 S 4. The section heading and opening paragraph of section 18-106 of
17 the general obligations law, as added by chapter 711 of the laws of
18 1988, are amended to read as follows:
19 Duties of skiers, SLEDDERS, SNOWBOARDERS and ski area operators with
20 respect to inherent risks. It is recognized that skiing [is a], SLEDDING
21 AND SNOWBOARDING ARE voluntary [activity] ACTIVITIES that may be hazard-
22 ous regardless of all feasible safety measures that can be undertaken by
23 ski area operators. THEREFORE THE DUTIES IMPOSED UPON SKIERS AND SKI
24 AREA OPERATORS BY THIS SECTION, SHALL ALSO APPLY TO SLEDDERS, SLEDDING,
25 SNOWBOARDERS AND SNOWBOARDING. Accordingly:
26 S 5. The general obligations law is amended by adding a new section
27 18-106-a to read as follows:
28 S 18-106-A. SKIERS, SLEDDERS AND SNOWBOARDERS UNDER FOURTEEN YEARS OF
29 AGE TO WEAR PROTECTIVE HEADGEAR. 1. NO SKIER, SLEDDER OR SNOWBOARDER ONE
30 OR MORE YEARS OF AGE AND LESS THAN FOURTEEN YEARS OF AGE, SHALL SKI,
31 SLED OR SNOWBOARD UNLESS SUCH PERSON IS WEARING A HELMET MEETING SAFETY
32 STANDARDS ESTABLISHED BY THE COMMISSIONER OF LABOR PURSUANT TO SECTION
33 TWO HUNDRED TWO-C OR EIGHT HUNDRED SIXTY-SEVEN OF THE LABOR LAW. FOR THE
34 PURPOSES OF THIS SECTION WEARING A HELMET MEANS HAVING A HELMET OF GOOD
35 FIT FASTENED SECURELY UPON THE HEAD WITH THE HELMET STRAPS.
36 2. (A) ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
37 THIS SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
38 (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
39 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD BE LIABLE IF SUCH
40 PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
41 AND THE APPEARANCE DATE FOR SUCH VIOLATION SUCH PERSON PURCHASED OR
42 RENTED A HELMET.
43 (C) THE COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
44 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD BE LIABLE IF THE
45 COURT FINDS THAT DUE TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS
46 UNABLE TO PURCHASE A HELMET.
47 3. THE FAILURE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS
48 SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF
49 RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR
50 PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
51 ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
52 4. A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
53 SUBDIVISION ONE OF THIS SECTION BY A PERSON LESS THAN FOURTEEN YEARS OF
54 AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH
55 PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT OR GUARDIAN AND
56 WHERE SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE. SUCH
A. 4892 3
1 SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL NOT
2 BE ISSUED TO THE PERSON LESS THAN FOURTEEN YEARS OF AGE.
3 S 6. The section heading and subdivision 1 of section 867 of the labor
4 law, as amended by chapter 711 of the laws of 1988, are amended to read
5 as follows:
6 Safety in skiing, SLEDDING AND SNOWBOARDING code. 1. The commissioner,
7 on the advice of the passenger tramway advisory council as created
8 pursuant to section twelve-c of this chapter, shall promulgate rules and
9 regulations, consistent with article eighteen of the general obligations
10 law, intended to guard against personal injuries to downhill skiers,
11 SLEDDERS AND SNOWBOARDERS which will, in view of such intent, define the
12 duties and responsibilities of downhill skiers, SLEDDERS AND SNOWBOARD-
13 ERS and the duties and responsibilities of ski area operators.
14 S 7. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law. Effective immediately, the addition, amend-
16 ment and/or repeal of any rule or regulation necessary for the implemen-
17 tation of this act on its effective date are authorized and directed to
18 be made and completed on or before such effective date.
