Assembly Bill A8908

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 - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A8908 (ACTIVE) - Details

See Senate Version of this Bill:
S3282
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 Other Legislative Sessions:
2009-2010: A1453
2011-2012: A3295, S4356
2015-2016: A1911, S1851
2017-2018: A9749, S1376
2019-2020: A1568, S1945
2021-2022: A517, S5329
2023-2024: A2469, S22

2013-A8908 (ACTIVE) - Summary

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.

2013-A8908 (ACTIVE) - Bill Text download pdf

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

                                  8908

                          I N  A S S E M B L Y

                            February 28, 2014
                               ___________

Introduced by M. of A. MARKEY -- read once and referred 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-
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

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

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