Bill Text: NY A04892 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4892--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced  by  M.  of A. KAVANAGH, JAFFEE, P. RIVERA, WEPRIN, PAULIN --
         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 -- recommitted to  the
         Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted  to said committee -- reported and referred to the Commit-
         tee on Codes -- committee discharged, bill amended, ordered  reprinted
         as amended and recommitted to said committee
       AN  ACT  to  amend  the  general  obligations  law and the labor law, in
         relation to the duties of skiers and snowboarders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 18-102 of the general obligations law is amended by
    2  adding a new subdivision 8 to read as follows:
    3    8.  "SNOWBOARDER" MEANS ANY PERSON WEARING A SNOWBOARD AND ACTUALLY ON
    4  A SKI SLOPE OR A TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE  OF  SNOW-
    5  BOARDING.
    6    S  2.  Subdivisions  13  and 14 of section 18-105 of the general obli-
    7  gations law, as added by chapter 711 of the laws of  1988,  are  amended
    8  and a new subdivision 15 is added to read as follows:
    9    13.  To  report  any  personal  injury to the ski area operator before
   10  leaving the ski area; [and]
   11    14. Not  to  willfully  remove,  deface,  alter  or  otherwise  damage
   12  signage,  warning  devices or implements, or other safety devices placed
   13  and maintained by the ski area operator pursuant to the requirements  of
   14  section 18-103 of this article[.]; AND
   15    15.  NOT  TO ENGAGE IN DOWNHILL SKIING IN ANY AREA UNLESS HE OR SHE IS
   16  WEARING A PROTECTIVE HELMET.  THE PROVISIONS OF THIS  SUBDIVISION  SHALL
   17  APPLY ONLY TO SKIERS UNDER EIGHTEEN YEARS OF AGE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07333-03-2
       A. 4892--B                          2
    1    S  3.  The  general obligations law is amended by adding a new section
    2  18-105-a to read as follows:
    3    S 18-105-A. SNOWBOARDERS; PROTECTIVE HELMETS. NO PERSON UNDER EIGHTEEN
    4  YEARS  OF  AGE SHALL ENGAGE IN SNOWBOARDING IN ANY AREA UNLESS HE OR SHE
    5  IS WEARING A PROTECTIVE HELMET.
    6    S 4. The opening paragraph of section  18-106  of  the  general  obli-
    7  gations  law, as added by chapter 711 of the laws of 1988, is amended to
    8  read as follows:
    9    It is recognized that skiing [is a]  AND  SNOWBOARDING  ARE  voluntary
   10  [activity]  ACTIVITIES  that may be hazardous regardless of all feasible
   11  safety measures that can be undertaken by ski area operators. According-
   12  ly:
   13    S 5. Paragraphs c and d of subdivision 1  of  section  18-106  of  the
   14  general obligations law, paragraph c as added by chapter 711 of the laws
   15  of  1988  and paragraph d as amended by chapter 322 of the laws of 1989,
   16  are amended and two new paragraphs e and f are added to read as follows:
   17    c. To make available at reasonable fees, as  required  by  subdivision
   18  thirteen  of  section  18-103 of this article, instruction and education
   19  for skiers relative to the risks inherent in the sport  and  the  duties
   20  prescribed  for skiers by this article, and to conspicuously post notice
   21  of the times and places of availability of such instruction  and  educa-
   22  tion in locations where it is likely to be seen by skiers; [and]
   23    d.  To post notice to skiers of the right to a refund to the purchaser
   24  in the form and amount paid in the  initial  sale  of  any  lift  ticket
   25  returned  to  the ski area operator, intact and unused, upon declaration
   26  by such purchaser that he or she is unprepared or unwilling to  ski  due
   27  to the risks inherent in the sport or the duties imposed upon him or her
   28  by this article[.];
   29    E.    TO OFFER FOR SALE OR RENTAL PROTECTIVE HEADGEAR AND PROHIBIT ANY
   30  SKIER OR SNOWBOARDER UNDER EIGHTEEN YEARS OF  AGE  WHO  IS  NOT  WEARING
   31  PROTECTIVE  HEADGEAR  FROM  SKIING  OR SNOWBOARDING. SUCH HEADGEAR SHALL
   32  MEET THE STANDARDS OF THE  AMERICAN  NATIONAL  STANDARDS  INSTITUTE  AND
   33  STANDARDS  SET  FORTH  IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
   34  LABOR IN ACCORDANCE WITH THE PROVISIONS OF  ARTICLE  TWENTY-SIX  OF  THE
   35  LABOR LAW; AND
   36    F.  TO POST NOTICE IN BOLD AND CONSPICUOUS TYPE AT THE POINT OR POINTS
   37  OF TRANSACTION THE FOLLOWING: "NEW YORK  STATE  LAW  REQUIRES  THAT  ALL
   38  SKIERS  AND  SNOWBOARDERS  UNDER  EIGHTEEN  YEARS OF AGE WEAR PROTECTIVE
   39  HEADGEAR."
   40    S 6. The section heading and subdivision 1 of section 867 of the labor
   41  law, as amended by chapter 711 of the laws of 1988, are amended to  read
   42  as follows:
   43    Safety  [in  skiing]  ON  THE SLOPES code. 1. The commissioner, on the
   44  advice of the passenger tramway advisory council as created pursuant  to
   45  section  twelve-c  of  this  chapter,  shall  promulgate rules and regu-
   46  lations, consistent with article eighteen  of  the  general  obligations
   47  law,  intended to guard against personal injuries to downhill skiers AND
   48  SNOWBOARDERS which will, in view of such intent, define the  duties  and
   49  responsibilities  of downhill skiers AND SNOWBOARDERS and the duties and
   50  responsibilities of ski area operators.  SUCH DUTIES SHALL INCLUDE,  BUT
   51  NOT  BE  LIMITED  TO,  THE PROVISION BY SKI AREA OPERATORS OF PROTECTIVE
   52  HEADGEAR, FOR PURCHASE OR RENTAL, AND THE REQUIREMENT  THAT  SKIERS  AND
   53  SNOWBOARDERS UNDER EIGHTEEN YEARS OF AGE WEAR PROTECTIVE HEADGEAR.
   54    S 7. The labor law is amended by adding a new section 867-a to read as
   55  follows:
       A. 4892--B                          3
    1    S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
    2  HAS  KNOWINGLY  VIOLATED  PARAGRAPH E OR F OF SUBDIVISION ONE OF SECTION
    3  18-106 OF THE GENERAL OBLIGATIONS LAW, HE OR SHE SHALL IMPOSE A FINE  OF
    4  ONE  HUNDRED  DOLLARS  FOR THE FIRST SUCH VIOLATION, TWO HUNDRED DOLLARS
    5  FOR  THE  SECOND  SUCH VIOLATION, AND FOR A THIRD OR ANY SUBSEQUENT SUCH
    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 8. This act shall take effect on the ninetieth day  after  it  shall
   10  have become a law.