senate Bill S4356

2011-2012 Legislative Session

Prohibits a skier from skiing in any area unless he or she is wearing a protective helmet; applicable to skiers under fourteen years of age

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2012 reported and committed to finance
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
May 04, 2011 advanced to third reading
May 03, 2011 2nd report cal.
May 02, 2011 1st report cal.422
Apr 12, 2011 reported and committed to finance
Mar 31, 2011 referred to judiciary

Votes

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Jan 18, 2012 - Judiciary committee Vote

S4356
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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May 2, 2011 - Finance committee Vote

S4356
30
0
committee
30
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Apr 12, 2011 - Judiciary committee Vote

S4356
18
0
committee
18
Aye
0
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Co-Sponsors

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S4356 - Bill Details

Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Amd §§18-105 & 18-103, add §18-106-a, Gen Ob L

S4356 - Bill Texts

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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.

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BILL NUMBER:S4356

TITLE OF BILL:
An act
to amend the general obligations law, in relation to the duties of
skiers and ski area operators

PURPOSE OR GENERAL IDEA OF BILL:
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 SPECIFIC 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 requirements.

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
availability 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 down-hill skiing.

PRIOR LEGISLATIVE HISTORY:
2010: A.1453-B - Advanced to Third Reading

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day; provided however that section three of this act shall
take effect one year after it shall have become a law.

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

                                  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.

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