Assembly Bill A9749

2017-2018 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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2017-A9749 (ACTIVE) - Details

See Senate Version of this Bill:
S1376
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
2013-2014: A8908, S3282
2015-2016: A1911, S1851
2019-2020: A1568, S1945
2021-2022: A517, S5329
2023-2024: A2469, S22

2017-A9749 (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.

2017-A9749 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9749
 
                           I N  A S S E M B L Y
 
                             February 5, 2018
                                ___________
 
 Introduced  by M. of A. JONES -- 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.
   §  2.  The  general obligations law is amended by adding a new section
 18-106-a to read as follows:
   § 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
              

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