NY State Senate Bill S1851

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

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	referred to judiciary delivered to assembly passed senate
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1162
Mar 01, 2016	reported and committed to finance
Jan 06, 2016	referred to judiciary returned to senate died in assembly
Jun 09, 2015	referred to judiciary delivered to assembly passed senate
Jun 01, 2015	ordered to third reading cal.1149 committee discharged and committed to rules
May 28, 2015	reported and committed to finance
Jan 15, 2015	referred to judiciary

Votes

Co-Sponsors

S1851 (ACTIVE) - Details

See Assembly Version of this Bill:: A1911
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: S4356, A3295
2013-2014: S3282, A8908
2017-2018: S1376, A9749
2019-2020: S1945, A1568
2021-2022: S5329, A517
2023-2024: S22, A2469

S1851 (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.

S1851 (ACTIVE) - Sponsor Memo

BILL NUMBER:S1851

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
2013 S. 3282 Referred to Judiciary; A. 8908 Referred to Judiciary 2014
S. 3282 Passed Senate; A. 8908 Referred to Judiciary

FISCAL IMPLICATIONS:

None

LOCAL 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.

S1851 (ACTIVE) - Bill Text download pdf

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

                                  1851

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sens. LITTLE, AVELLA, BOYLE, DeFRANCISCO, VALESKY, YOUNG
  -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05722-01-5

S. 1851                             2

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.

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The New York State Senate

senate Bill S1851

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 2, 2016 - floor Vote

Floor Vote: Jun 2, 2016

May 24, 2016 - Finance committee Vote

Finance Committee Vote: May 24, 2016

Mar 1, 2016 - Judiciary committee Vote

Judiciary Committee Vote: Mar 1, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

Jun 1, 2015 - Rules committee Vote

Rules Committee Vote: Jun 1, 2015

May 28, 2015 - Judiciary committee Vote

Judiciary Committee Vote: May 28, 2015

Co-Sponsors

S1851 (ACTIVE) - Details

S1851 (ACTIVE) - Summary

S1851 (ACTIVE) - Sponsor Memo

S1851 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1851

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Sponsored By

Betty Little

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 2, 2016 - floor Vote

Floor Vote: Jun 2, 2016

May 24, 2016 - Finance committee Vote

Finance Committee Vote: May 24, 2016

Mar 1, 2016 - Judiciary committee Vote

Judiciary Committee Vote: Mar 1, 2016

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

Jun 1, 2015 - Rules committee Vote

Rules Committee Vote: Jun 1, 2015

May 28, 2015 - Judiciary committee Vote

Judiciary Committee Vote: May 28, 2015

Co-Sponsors

Tony Avella

Phil Boyle

John A. DeFrancisco

David J. Valesky

Catharine Young

S1851 (ACTIVE) - Details

S1851 (ACTIVE) - Summary

S1851 (ACTIVE) - Sponsor Memo

S1851 (ACTIVE) - Bill Text download pdf

Comments