senate Bill S3282

2013-2014 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 - Passed Senate


  • 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
Jun 17, 2014 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1462
committee discharged and committed to rules
May 13, 2014 reported and committed to finance
Jan 08, 2014 referred to judiciary
Jan 31, 2013 referred to judiciary

Votes

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Jun 16, 2014 - Rules committee Vote

S3282
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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May 13, 2014 - Judiciary committee Vote

S3282
21
0
committee
21
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Co-Sponsors

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S3282 - Bill Details

See Assembly Version of this Bill:
A8908
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 Sessions:
2011-2012: S4356, A3295A
2009-2010: A1453B

S3282 - 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:S3282

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
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 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
to Finance

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

                                  3282

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- 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
POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF SUCH SUBDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01199-01-3

S. 3282                             2

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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