S T A T E O F N E W Y O R K
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260
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH, JAFFEE, WEPRIN, PAULIN -- Multi-Spon-
sored by -- M. of A. ARROYO, CLARK, CORWIN, McDONOUGH, MILLER, SALA-
DINO, SIMOTAS -- read once and referred to the Committee on Judiciary
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:
Section 1. Section 18-102 of the general obligations law is amended by
adding a new subdivision 8 to read as follows:
8. "SNOWBOARDER" MEANS ANY PERSON WEARING A SNOWBOARD AND ACTUALLY ON
A SKI SLOPE OR A TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE OF SNOW-
BOARDING.
S 2. Subdivisions 13 and 14 of section 18-105 of the general obli-
gations 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. NOT TO ENGAGE IN DOWNHILL SKIING IN ANY AREA UNLESS HE OR SHE IS
WEARING A PROTECTIVE HELMET. THE PROVISIONS OF THIS SUBDIVISION SHALL
APPLY ONLY TO SKIERS UNDER EIGHTEEN YEARS OF AGE.
S 3. The general obligations law is amended by adding a new section
18-105-a to read as follows:
S 18-105-A. SNOWBOARDERS; PROTECTIVE HELMETS. NO PERSON UNDER EIGHTEEN
YEARS OF AGE SHALL ENGAGE IN SNOWBOARDING IN ANY AREA UNLESS HE OR SHE
IS WEARING A PROTECTIVE HELMET.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02176-01-3
A. 260 2
S 4. The opening paragraph of section 18-106 of the general obli-
gations law, as added by chapter 711 of the laws of 1988, is amended to
read as follows:
It is recognized that skiing [is a] AND SNOWBOARDING ARE voluntary
[activity] ACTIVITIES that may be hazardous regardless of all feasible
safety measures that can be undertaken by ski area operators. According-
ly:
S 5. Paragraphs c and d of subdivision 1 of section 18-106 of the
general obligations law, paragraph c as added by chapter 711 of the laws
of 1988 and paragraph d as amended by chapter 322 of the laws of 1989,
are amended and two new paragraphs e and f are added to read as follows:
c. To make available at reasonable fees, as required by subdivision
thirteen of section 18-103 of this article, instruction and education
for skiers relative to the risks inherent in the sport and the duties
prescribed for skiers by this article, and to conspicuously post notice
of the times and places of availability of such instruction and educa-
tion in locations where it is likely to be seen by skiers; [and]
d. To post notice to skiers of the right to a refund to the purchaser
in the form and amount paid in the initial sale of any lift ticket
returned to the ski area operator, intact and unused, upon declaration
by such purchaser that he or she is unprepared or unwilling to ski due
to the risks inherent in the sport or the duties imposed upon him or her
by this article[.];
E. TO OFFER FOR SALE OR RENTAL PROTECTIVE HEADGEAR AND PROHIBIT ANY
SKIER OR SNOWBOARDER UNDER EIGHTEEN YEARS OF AGE WHO IS NOT WEARING
PROTECTIVE HEADGEAR FROM SKIING OR SNOWBOARDING. SUCH HEADGEAR SHALL
MEET THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE AND
STANDARDS SET FORTH IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
LABOR IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE TWENTY-SIX OF THE
LABOR LAW; AND
F. TO POST NOTICE IN BOLD AND CONSPICUOUS TYPE AT THE POINT OR POINTS
OF TRANSACTION THE FOLLOWING: "NEW YORK STATE LAW REQUIRES THAT ALL
SKIERS AND SNOWBOARDERS UNDER EIGHTEEN YEARS OF AGE WEAR PROTECTIVE
HEADGEAR."
S 6. The section heading and subdivision 1 of section 867 of the labor
law, as amended by chapter 711 of the laws of 1988, are amended to read
as follows:
Safety [in skiing] ON THE SLOPES code. 1. The commissioner, on the
advice of the passenger tramway advisory council as created pursuant to
section twelve-c of this chapter, shall promulgate rules and regu-
lations, consistent with article eighteen of the general obligations
law, intended to guard against personal injuries to downhill skiers AND
SNOWBOARDERS which will, in view of such intent, define the duties and
responsibilities of downhill skiers AND SNOWBOARDERS and the duties and
responsibilities of ski area operators. SUCH DUTIES SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROVISION BY SKI AREA OPERATORS OF PROTECTIVE
HEADGEAR, FOR PURCHASE OR RENTAL, AND THE REQUIREMENT THAT SKIERS AND
SNOWBOARDERS UNDER EIGHTEEN YEARS OF AGE WEAR PROTECTIVE HEADGEAR.
S 7. The labor law is amended by adding a new section 867-a to read as
follows:
S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
HAS KNOWINGLY VIOLATED PARAGRAPH E OR F OF SUBDIVISION ONE OF SECTION
18-106 OF THE GENERAL OBLIGATIONS LAW, HE OR SHE SHALL IMPOSE A FINE OF
ONE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION, TWO HUNDRED DOLLARS
FOR THE SECOND SUCH VIOLATION, AND FOR A THIRD OR ANY SUBSEQUENT SUCH
VIOLATION THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A HEAR-
A. 260 3
ING THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A PERIOD
OF THREE DAYS.
S 8. This act shall take effect on the ninetieth day after it shall
have become a law.