S T A T E O F N E W Y O R K
________________________________________________________________________
8485
2015-2016 Regular Sessions
I N A S S E M B L Y
October 9, 2015
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Introduced by M. of A. ORTIZ, HOOPER, JAFFEE, CLARK, KAVANAGH, WEPRIN,
LAVINE, COOK, GOTTFRIED, ROBINSON, HIKIND, MARKEY, THIELE -- 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 ski area operators and penalties
for violation thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 18-103 of the general obligations law is amended by
adding two new subdivisions 15 and 16 to read as follows:
15. TO ENSURE THAT SKIERS ARE NOT PERMITTED TO ENTER THE SKI AREA
WITHOUT A PROTECTIVE HELMET.
16. TO MAKE AVAILABLE TO THE PUBLIC, FOR SALE OR LEASE, PROTECTIVE
HELMETS.
S 2. Section 18-105 of the general obligations law is amended by
adding a new subdivision 12-a to read as follows:
12-A. TO WEAR A PROTECTIVE HELMET WHILE IN THE SKI AREA;
S 3. Paragraph c of subdivision 1 of section 18-106 of the general
obligations law, as added by chapter 711 of the laws of 1988, is amended
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, EDUCATIONAL LITERATURE REGARDING
INJURY PREVENTION and to conspicuously post notice of the times and
places of availability of such instruction and education in locations
where it is likely to be seen by skiers; and
S 4. 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 THE PROVISIONS OF SUBDIVISION FIFTEEN OR SIXTEEN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04087-01-5
A. 8485 2
OF SECTION 18-103 OF THE GENERAL OBLIGATIONS LAW, THE COMMISSIONER SHALL
IMPOSE A FINE OF ONE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION, TWO
HUNDRED DOLLARS FOR A SECOND VIOLATION, AND FOR ANY SUBSEQUENT
VIOLATION, THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A HEAR-
ING THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A PERIOD
OF THREE DAYS.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.