Senate Bill S7096

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7096
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed 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 snowboarders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 18-102 of the general obligations law is amended by
 adding a new subdivision 8 to read as follows:
   8. "SNOWBOARDER" MEANS ANY PERSON WEARING A SNOWBOARD AND ACTUALLY  ON
 A  SKI  SLOPE OR A TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE OF SNOW-
 BOARDING.
   § 2. Subdivisions 13 and 14 of section 18-105  of  the  general  obli-
 gations  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. NOT TO ENGAGE IN DOWNHILL SKIING IN ANY AREA UNLESS HE OR  SHE  IS
 WEARING  A  PROTECTIVE HELMET.  THE PROVISIONS OF THIS SUBDIVISION SHALL
 APPLY ONLY TO SKIERS UNDER EIGHTEEN YEARS OF AGE.
   § 3. The general obligations law is amended by adding  a  new  section
 18-105-a to read as follows:
   § 18-105-A. SNOWBOARDERS; PROTECTIVE HELMETS. NO PERSON UNDER EIGHTEEN
 YEARS  OF  AGE SHALL ENGAGE IN SNOWBOARDING IN ANY AREA UNLESS HE OR SHE
 IS WEARING A PROTECTIVE HELMET.
   § 4. The opening paragraph of section  18-106  of  the  general  obli-
 gations  law, as added by chapter 711 of the laws of 1988, is amended to
 read as follows:
   It is recognized that skiing [is a]  AND  SNOWBOARDING  ARE  voluntary
 [activity]  ACTIVITIES  that may be hazardous regardless of all feasible
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02932-01-7

 S. 7096                             2
 
 safety measures that can be undertaken by ski area operators. According-
 ly:
   §  5.  Paragraphs  c  and  d of subdivision 1 of section 18-106 of the
 general obligations law, paragraph c as added by chapter 711 of the laws
 of 1988 and paragraph d as amended by chapter 322 of the laws  of  1989,
 are amended and two new paragraphs e and f are added 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, and to conspicuously post  notice
 of  the  times and places of availability of such instruction and educa-
 tion in locations where it is likely to be seen by skiers; [and]
   d. To post notice to skiers of the right to a refund to the  purchaser
 in  the  form  and  amount  paid  in the initial sale of any lift ticket
 returned to the ski area operator, intact and unused,  upon  declaration
 by  such  purchaser that he or she is unprepared or unwilling to ski due
 to the risks inherent in the sport or the duties imposed upon him or her
 by this article[.];
   E.  TO OFFER FOR SALE OR RENTAL PROTECTIVE HEADGEAR AND  PROHIBIT  ANY
 SKIER  OR  SNOWBOARDER  UNDER  EIGHTEEN  YEARS OF AGE WHO IS NOT WEARING
 PROTECTIVE HEADGEAR FROM SKIING OR  SNOWBOARDING.  SUCH  HEADGEAR  SHALL
 MEET  THE  STANDARDS  OF  THE  AMERICAN NATIONAL STANDARDS INSTITUTE AND
 STANDARDS SET FORTH IN REGULATIONS PROMULGATED BY  THE  COMMISSIONER  OF
 LABOR  IN  ACCORDANCE  WITH  THE PROVISIONS OF ARTICLE TWENTY-SIX OF THE
 LABOR LAW; AND
   F. TO POST NOTICE IN BOLD AND CONSPICUOUS TYPE AT THE POINT OR  POINTS
 OF  TRANSACTION  THE  FOLLOWING:  "NEW  YORK STATE LAW REQUIRES THAT ALL
 SKIERS AND SNOWBOARDERS UNDER EIGHTEEN  YEARS  OF  AGE  WEAR  PROTECTIVE
 HEADGEAR."
   § 6. The section heading and subdivision 1 of section 867 of the labor
 law,  as amended by chapter 711 of the laws of 1988, are amended to read
 as follows:
   Safety [in skiing] ON THE SLOPES code. 1.  The  commissioner,  on  the
 advice  of the passenger tramway advisory council as created pursuant to
 section twelve-c of this  chapter,  shall  promulgate  rules  and  regu-
 lations,  consistent  with  article  eighteen of the general obligations
 law, intended to guard against personal injuries to downhill skiers  AND
 SNOWBOARDERS  which  will, in view of such intent, define the duties and
 responsibilities of downhill skiers AND SNOWBOARDERS and the duties  and
 responsibilities  of ski area operators.  SUCH DUTIES SHALL INCLUDE, BUT
 NOT BE LIMITED TO, THE PROVISION BY SKI  AREA  OPERATORS  OF  PROTECTIVE
 HEADGEAR,  FOR  PURCHASE  OR RENTAL, AND THE REQUIREMENT THAT SKIERS AND
 SNOWBOARDERS UNDER EIGHTEEN YEARS OF AGE WEAR PROTECTIVE HEADGEAR.
   § 7. The labor law is amended by adding a new section 867-a to read as
 follows:
   § 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
 HAS KNOWINGLY VIOLATED PARAGRAPH E OR F OF SUBDIVISION  ONE  OF  SECTION
 18-106  OF  THE GENERAL OBLIGATIONS LAW, THE COMMISSIONER SHALL IMPOSE A
 FINE OF UP TO ONE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION OR UP  TO
 TWO  HUNDRED DOLLARS FOR ANY VIOLATION THAT OCCURS WITHIN A YEAR AFTER A
 PRIOR VIOLATION.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.