S T A T E O F N E W Y O R K
________________________________________________________________________
1911
2015-2016 Regular Sessions
I N A S S E M B L Y
January 13, 2015
___________
Introduced by M. of A. MARKEY, JAFFEE, MAGNARELLI, CRESPO, FAHY, SCHI-
MEL, BRINDISI, STIRPE -- Multi-Sponsored by -- M. of A. COOK, GLICK,
McDONOUGH, RIVERA, STEC -- 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05722-01-5
A. 1911 2
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
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.