senate Bill S3282
(R, C, IP) 45th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Relates to the duties of skiers and ski area operators regarding the use of helmets; requires skiers under age 14 to wear helmets; requires ski area operators to maintain an adequate supply of helmets for sale and rental; requires operators to post signs.
- See Assembly Version of this Bill:
- Legislative Cycle:
- Current Committee:
- Assembly Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §§18-105 & 18-103, add §18-106-a, Gen Ob L
- Versions Introduced in Previous Legislative Cycles:
2011-2012: S4356, A3295A
TITLE OF BILL: An act to amend the general obligations law, in
relation to the duties of skiers and ski area operators
PURPOSE: This bill would require that all skiers under fourteen years
of age must wear a helmet while skiing at New York ski areas.
SUMMARY OF PROVISIONS:
Section one of this bill would amend Subdivisions 13 and 14 of section
18-105 of the general obligations law, as added by chapter 711 of the
laws of 1988, and would add a new subdivision 15 to require that all
skiers under fourteen years of age have the responsibility to wear a
helmet suitable for use while skiing.
Section two of this bill would add a new section 18-106-a to the
general obligations law to provide that local law enforcement will
have the responsibility of enforcing these new ski helmet
Section three of this bill would add three new subdivisions 15, 16 and
17 to Section 18-103 to the general obligations law to provide for the
posting of signs advising customers of the availability of helmets for
rent or for sale at the ski area and to provide for a reasonable
inventory of helmets for rent and for sale. Furthermore, it requires
that the phrase "New York State Law prohibits children under fourteen
years of age from skiing/snowboarding without a helmet." be published
on all lift tickets.
Section four of this bill provides for the effective date.
JUSTIFICATION: At the request of the Ski Areas of New York, Inc.,
this legislation is modeled after the New York State Bicycle Helmet
Law to provide for the use of helmets for all skiers under the age of
fourteen who ski at New York ski areas. This bill would require that
all skiers under the age of fourteen wear protective helmets that are
fastened securely to their head with straps securely fastened. It will
be the responsibility of local law enforcement to enforce this new
helmet requirement. Ski area operators will be required to post
signage at locations where ski tickets are sold advising customers of
this new law as well as the avail ability of helmets for rent and for
sale at the ski facility. The Ski Areas of New York, Inc. encourage
and promote the use of helmets by their skiers, and this legislation
will now require that those skiers under the age of fourteen will now
have to wear a protective helmet similar to what is required under the
New York State Bicycle Helmet Law.
While statistics support the fact that skiing is a relatively safe
sport with 2.6 injuries per 1,000 skier visits, head injuries do occur
with some frequency and make up approximately 14% of all injuries
suffered. The New York State Ski Industry has been proactive regarding
helmet use by children. They provide helmets for rent and for sale at
their resorts. They also educate their consumers on the benefits of
helmet use; resort signage and education programs such as
WWW.LIDSONKIDS.COM are examples.
Based upon their commitment to safety and helmet design advances, the
New York State Ski Industry (consistent with previous skier
responsibility laws Industrial Code article 18) is willing to support
certain helmet related obligations such as mandatory sign age,
inventory and education regarding. helmet use by children. Child ski
helmet use and awareness is growing. By enacting this law, more
children will wear helmets while skiing which in turn will reduce the
number of head injuries suffered while skiing in New York State.
Given the success of the New York State Bicycle Helmet law, the Ski
Areas of New York, Incorporated supports legislation which extends
this law to the sport of downhill skiing.
LEGISLATIVE HISTORY: 2011 S.4356 Passed Senate 2012 S.4356 Committed
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law; provided however that
section three of this act shall take effect one year after it shall
have become a law.
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