S T A T E   O F   N E W   Y O R K
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                                  4356

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced  by  Sens.  LITTLE,  DeFRANCISCO,  FARLEY, FUSCHILLO, SEWARD,
  VALESKY, YOUNG -- read twice and ordered printed, and when printed  to
  be committed to the Committee on Judiciary

AN  ACT  to amend the general obligations law, in relation to the duties
  of skiers and ski area operators

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  13  and 14 of section 18-105 of the general
obligations law, as added by chapter  711  of  the  laws  of  1988,  are
amended and a new subdivision 15 is added to read as follows:
  13.  To  report  any  personal  injury to the ski area operator before
leaving the ski area; [and]
  14. Not  to  willfully  remove,  deface,  alter  or  otherwise  damage
signage,  warning  devices or implements, or other safety devices placed
and maintained by the ski area operator pursuant to the requirements  of
section 18-103 of this article[.]; AND
  15. ALL SKIERS, UNDER FOURTEEN YEARS OF AGE, SHALL HAVE THE ADDITIONAL
RESPONSIBILITY  TO  WEAR  A  HELMET  SUITABLE  FOR USE WHILE SKIING. FOR
PURPOSES OF THIS SUBDIVISION WEARING OF A HELMET MEANS A HELMET OF  GOOD
FIT  FASTENED  SECURELY  TO  THE HEAD OF THE WEARER WITH STRAPS SECURELY
FASTENED.
  S 2. The general obligations law is amended by adding  a  new  section
18-106-a to read as follows:
  S  18-106-A. ENFORCEMENT OF SKI HELMET REQUIREMENTS. 1. ANY PERSON WHO
VIOLATES THE PROVISIONS OF SUBDIVISION FIFTEEN OF SECTION 18-105 OF THIS
ARTICLE SHALL PAY A CIVIL FINE NOT TO  EXCEED  FIFTY  DOLLARS.  A  COURT
SHALL  WAIVE SUCH FINE IF SUCH PERSON SUPPLIES THE COURT WITH PROOF THAT
BETWEEN THE DATE OF THE VIOLATION  AND  THE  APPEARANCE  DATE  FOR  SUCH
VIOLATION SUCH PERSON PURCHASED OR RENTED A HELMET.
  2. LOCAL LAW ENFORCEMENT SHALL BE SOLELY RESPONSIBLE FOR ENFORCING THE
PROVISIONS  OF  SUBDIVISION FIFTEEN OF SECTION 18-105 OF THIS ARTICLE. A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03586-04-1
              

S. 4356                             2

POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF SUCH SUBDI-
VISION BY A PERSON UNDER FOURTEEN YEARS OF AGE TO THE PARENT OR GUARDIAN
OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON OCCURS IN THE PRESENCE OF
SUCH  PERSON'S  PARENT  OR GUARDIAN AND WHERE SUCH PARENT OR GUARDIAN IS
EIGHTEEN YEARS OF AGE OR OLDER. SUCH SUMMONS SHALL  ONLY  BE  ISSUED  TO
SUCH PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON UNDER THE
AGE OF FOURTEEN.
  S  3.  Section  18-103  of  the  general obligations law is amended by
adding three new subdivisions 15, 16 and 17 to read as follows:
  15.  (A) TO POST SIGNS AT THE CENTRAL LOCATION  INFORMATION  BOARD  AT
THE  SKI  AREA  AND AT ALL ON SITE LOCATIONS WHERE TICKETS ARE SOLD THAT
ADVISES CUSTOMERS OF THE AVAILABILITY OF HELMETS FOR SALE AND  FOR  RENT
AT THE SKI AREA; AND
  (B) TO POST SIGNS AT THE CENTRAL LOCATION INFORMATION BOARD AT THE SKI
AREA  AND  AT  ALL ON SITE LOCATIONS WHERE TICKETS ARE SOLD THAT ADVISES
CUSTOMERS OF THEIR OBLIGATIONS UNDER SECTION 18-105 OF THIS ARTICLE.
  16. TO MAINTAIN A REASONABLE INVENTORY OF HELMETS  FOR  RENT  AND  FOR
SALE.    SUCH HELMETS SHALL MEET THE STANDARDS AND CRITERIA SET FORTH IN
SUBDIVISION FIFTEEN OF SECTION 18-105 OF THIS ARTICLE.
  17. TO PUBLISH ON ALL LIFT TICKETS THE FOLLOWING LANGUAGE:  "NEW  YORK
STATE   LAW   PROHIBITS  CHILDREN  UNDER  FOURTEEN  YEARS  OF  AGE  FROM
SKIING/SNOWBOARDING WITHOUT A HELMET."
  S 4. 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.