S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1782
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the general  obligations  law  and  the  labor  law,  in
   relation to the duty of ski area operators to provide protective head-
   gear  and  requiring skiers and snowboarders under the age of fourteen
   to wear protective headgear

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  article  heading  of article 18 of the general obli-
 gations law, as added by chapter 711 of the laws of 1988, is amended  to
 read as follows:
                   SAFETY [IN SKIING] ON THE SLOPES CODE
   §  2. Section 18-101 of the general obligations law, as added by chap-
 ter 711 of the laws of 1988, is amended to read as follows:
   § 18-101. Legislative  purpose.  The  legislature  hereby  finds  that
 alpine  or downhill skiing [is both a] AND SNOWBOARDING ARE major recre-
 ational [sport] SPORTS and a major industry  within  the  state  of  New
 York.  The legislature further finds: (1) that downhill skiing AND SNOW-
 BOARDING, like many other  sports,  [contains]  CONTAIN  inherent  risks
 including,  but not limited to, the risks of personal injury or death or
 property damage, which may be caused by variations in terrain or weather
 conditions; surface or subsurface snow, ice, bare spots or areas of thin
 cover, moguls, ruts, bumps; other  persons  using  the  facilities;  and
 rocks,  forest  growth,  debris, branches, trees, roots, stumps or other
 natural objects or man-made objects that are incidental to the provision
 or maintenance of a ski facility in New York state; (1-A) THAT  DOWNHILL
 SKIING   OR   SNOWBOARDING  WITHOUT  PROTECTIVE  HEADGEAR  SUBSTANTIALLY
 INCREASES THE RISK OF SERIOUS HEAD INJURY AND DEATH RESULTING FROM  SUCH
 INJURY;  (2)  that  downhill skiing OR SNOWBOARDING, without established
 rules of conduct and care, may result in injuries to persons and proper-
 ty; (3) that it is appropriate, as well as in the  public  interest,  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05427-01-9

 A. 1782                             2
 
 take  such  steps  as are necessary to help reduce the risk of injury to
 downhill skiers AND SNOWBOARDERS from undue, unnecessary  and  unreason-
 able  hazards;  and  (4)  that it is also necessary and appropriate that
 skiers  AND  SNOWBOARDERS  become apprised of, and understand, the risks
 inherent in the [sport] SPORTS of skiing AND SNOWBOARDING so  that  they
 may  make  an  informed  decision  of  whether  or not to participate in
 [skiing] SUCH SPORTS notwithstanding the risks.  Therefore, the  purpose
 and  intent  of this article is to establish a code of conduct for down-
 hill skiers, SNOWBOARDERS and ski area operators to minimize the risk of
 injury to persons engaged in the [sport] SPORTS of downhill  skiing  AND
 SNOWBOARDING  and  to  promote safety in the downhill ski [industry] AND
 SNOWBOARDING INDUSTRIES.
   § 3. Subdivisions 1 and 2 of section 18-102 of the general obligations
 law, as added by chapter 711 of the laws of 1988, are amended to read as
 follows:
   1. "Lift ticket" means any item issued by a ski area operator  to  any
 skier  OR SNOWBOARDER that is intended to be affixed to the outerwear of
 the skier OR SNOWBOARDER, or otherwise displayed by  a  skier  OR  SNOW-
 BOARDER,  to signify lawful entry upon and use of the passenger tramways
 or ski slopes or trails maintained by the ski area operator.
   2. "Passenger tramway" means a mechanical device intended to transport
 skiers OR SNOWBOARDERS for the purpose of providing access to ski slopes
 and trails as defined by the commissioner of labor pursuant  to  section
 two hundred two-c or eight hundred sixty-seven of the labor law.
   §  4.  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  ANY  PERSON
 ACTUALLY  ON A SKI SLOPE OR TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE
 OF SNOWBOARDING.
   § 5. Subdivisions 2, 7, 13 and 14 and subparagraph (i) of paragraph  c
 of  subdivision  6  of section 18-103 of the general obligations law, as
 added by chapter 711 of the  laws  of  1988,  are  amended  to  read  as
 follows:
   2.  To  post  in  a location likely to be seen by all skiers AND SNOW-
 BOARDERS signs of such size and color as will enable  skiers  AND  SNOW-
 BOARDERS to have knowledge of their responsibilities under this article.
   (i) skier OR SNOWBOARDER use;
   7.  To develop and maintain a written policy consistent with the regu-
 lations of the commissioner of labor upon the advice  of  the  passenger
 tramway  advisory  council for situations involving the reckless conduct
 of skiers AND SNOWBOARDERS, which shall include, but not be limited to:
   a. a definition of reckless conduct; and
   b. procedures for approaching and warning skiers AND  SNOWBOARDERS  of
 reckless  conduct  and procedures for dealing with such skiers AND SNOW-
 BOARDERS which may include the revocation of the lift  tickets  of  such
 skiers AND SNOWBOARDERS.
   13.  To,  within  a  reasonable  amount  of  time after the inspection
 required by subdivision six of this  section,  conspicuously  mark  with
 such  implements as may be specified by the commissioner of labor pursu-
 ant to section eight hundred sixty-seven of the labor law and to provide
 sufficient warning to skiers AND SNOWBOARDERS by such marking or  remove
 such obstacles or hazards which are located within the boundaries of any
 ski slope or trail and were noted pursuant to paragraph c of subdivision
 six of this section; and to also conspicuously mark with such implements
 and  provide  such  warning or remove such obstacles or hazards within a
 reasonable amount of time after receipt of notice by the ski area opera-

 A. 1782                             3
 
 tor from any skier OR SNOWBOARDER as to the presence of  such  obstacles
 or  hazards  when  notice  is  given at sites designated by the ski area
 operator for such receipt and the locations of which are made  known  to
 skiers  OR  SNOWBOARDERS  pursuant to paragraph c of subdivision five of
 this section.
   14. To have present at all times when skiing [activity  is]  OR  SNOW-
 BOARDING  ACTIVITIES ARE in progress, individuals properly and appropri-
 ately trained for the safe operation of on-slope vehicles; trail mainte-
 nance equipment; tramways; tramway evacuations;  implementation  of  the
 reckless  skier  AND  SNOWBOARDER  policy; first aid and outdoor rescue;
 and, to have present according to a schedule posted for access by skiers
 AND SNOWBOARDERS, by the  ski  area  operator,  personnel  appropriately
 trained  in  the  instruction  of skiers, SNOWBOARDERS and passengers in
 methods of risk reduction while using ski slopes and passenger  tramways
 and the instruction of skiers AND SNOWBOARDERS with respect to the risks
 inherent in the sport.
   §  6. Section 18-105 of the general obligations law, as added by chap-
 ter 711 of the laws of 1988, is amended to read as follows:
   § 18-105. Duties of skiers AND SNOWBOARDERS.   All  skiers  AND  SNOW-
 BOARDERS shall have the following duties:
   1.  Not  to  ski OR SNOWBOARD in any area not designated for skiing OR
 SNOWBOARDING;
   2. Not to ski OR SNOWBOARD beyond their limits or ability to  overcome
 variations  in  slope,  trail  configuration  and  surface or subsurface
 conditions which may be caused or altered by  weather,  slope  or  trail
 maintenance work by the ski area operator, or skier OR SNOWBOARDER use;
   3. To abide by the directions of the ski area operator;
   4.  To  remain  in  constant  control of speed and course at all times
 while skiing OR SNOWBOARDING so as to avoid contact with plainly visible
 or clearly marked obstacles and  with  other  skiers,  SNOWBOARDERS  and
 passengers on surface operating tramways;
   5.  To familiarize themselves with posted information before skiing OR
 SNOWBOARDING any slope or trail, including all information posted pursu-
 ant to subdivision five of section 18-103 of this article;
   6. Not to cross the uphill track of any surface lift, except at points
 clearly designated by the ski area operator;
   7. Not to ski OR SNOWBOARD on a slope or trail or portion thereof that
 has been designated as "closed" by the ski area operator;
   8. Not to leave the scene of any accident resulting in personal injury
 to another party until such times as  the  ski  area  operator  arrives,
 except for the purpose of summoning aid;
   9. Not to overtake another skier OR SNOWBOARDER in such a manner as to
 cause contact with the skier OR SNOWBOARDER being overtaken and to yield
 the right-of-way to the skier OR SNOWBOARDER being overtaken;
   10. Not to willfully stop on any slope or trail where such stopping is
 likely to cause a collision with other skiers, SNOWBOARDERS or vehicles;
   11.  To yield to other skiers OR SNOWBOARDERS when entering a trail or
 starting downhill;
   12. To wear retention straps or other devices to prevent runaway  skis
 OR SNOWBOARDS;
   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

 A. 1782                             4
 
   15.  TO  WEAR  PROTECTIVE HEADGEAR WHILE SKIING OR SNOWBOARDING IF AGE
 FOURTEEN OR UNDER.
   §  7. Section 18-106 of the general obligations law, as added by chap-
 ter 711 of the laws of 1988 and paragraph d of subdivision 1 as  amended
 by chapter 322 of the laws of 1989, is amended to read as follows:
   § 18-106. Duties  of  skiers, SNOWBOARDERS and ski area operators with
 respect to inherent risks. It is recognized that skiing [is a] AND SNOW-
 BOARDING ARE voluntary  [activity]  ACTIVITIES  that  may  be  hazardous
 regardless of all feasible safety measures that can be undertaken by ski
 area operators. Accordingly:
   1. Ski area operators shall have the following additional duties:
   a.  To  post  at  every point of sale or distribution of lift tickets,
 whether on or off the premises of the ski area operator,  a  conspicuous
 "Warning  to  Skiers AND SNOWBOARDERS" relative to the inherent risks of
 skiing AND SNOWBOARDING in accordance with  regulations  promulgated  by
 the  commissioner of labor pursuant to subdivision four of section eight
 hundred sixty-seven of the labor law, and to imprint upon all lift tick-
 ets sold or distributed, such text and graphics as the  commissioner  of
 labor  shall  similarly  specify,  which  shall conspicuously direct the
 attention of all skiers AND SNOWBOARDERS to  the  required  "Warning  to
 Skiers AND SNOWBOARDERS";
   b. To post at every point of sale or distribution of lift tickets at a
 ski area notice to skiers, SNOWBOARDERS and passengers that this article
 prescribes  certain  duties for skiers, SNOWBOARDERS, passengers and ski
 area operators, and to make copies  of  this  article  in  its  entirety
 available  without  charge  upon  request  to  skiers,  SNOWBOARDERS and
 passengers in a central location at the ski area;
   c. To make available at reasonable fees[, as required  by  subdivision
 thirteen  of  section 18-103 of this article,] instruction and education
 for skiers AND SNOWBOARDERS  relative  to  the  risks  inherent  in  the
 [sport]  SPORTS OF SKIING AND SNOWBOARDING and the duties prescribed for
 skiers AND SNOWBOARDERS by  this  article,  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 SNOW-
 BOARDERS; [and]
   d. To post notice to skiers AND SNOWBOARDERS 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 OR SNOWBOARD due to the risks inherent in [the sport] SUCH SPORTS
 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 AGE FOURTEEN OR UNDER 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 ACCORD-
 ANCE 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 AGE FOURTEEN AND  UNDER  WEAR  PROTECTIVE  HEAD-
 GEAR."
   2.  Skiers AND SNOWBOARDERS shall have the following additional duties
 to enable them to make informed decisions  as  to  the  advisability  of
 their participation in [the sport] SUCH SPORTS:
   a.  To  seek out, read, review and understand, in advance of skiing OR
 SNOWBOARDING, a "Warning to Skiers AND SNOWBOARDERS" as shall be defined

 A. 1782                             5
 
 pursuant to subdivision five of section eight hundred sixty-seven of the
 labor law, which shall be displayed and provided pursuant to paragraph a
 of subdivision one of this section; and
   b.  To obtain such education in the [sport] SPORTS of skiing AND SNOW-
 BOARDING as the individual skier OR SNOWBOARDER shall  deem  appropriate
 to  his  or  her  level  of  ability, including the familiarization with
 skills and duties necessary to reduce the risk of injury in such [sport]
 SPORTS.
   § 8. Section 18-107 of the general obligations law, as added by  chap-
 ter 711 of the laws of 1988, is amended to read as follows:
   § 18-107. Construction. Unless otherwise specifically provided in this
 article,  the  duties  of skiers, SNOWBOARDERS, passengers, and ski area
 operators shall be governed by common law.
   § 9. Subdivision 4 of section 12-c of the labor  law,  as  amended  by
 chapter 338 of the laws of 1978, is amended to read as follows:
   4.  The advisory council shall consider all matters in connection with
 ski tows, other passenger tramways [and], downhill skiing AND SNOWBOARD-
 ING referred to it by the commissioner and advise him with respect ther-
 eto, and on its own initiative, or upon the suggestion  of  others,  may
 make  such  recommendations  to  the commissioner in connection with ski
 tows, other passenger tramways [and], downhill skiing  AND  SNOWBOARDING
 as, after consideration by it, may be deemed necessary.
   §  10. The article heading of article 26 of the labor law, as added by
 chapter 338 of the laws of 1978, is amended to read as follows:
                     SAFETY [IN SKIING] ON THE SLOPES
   § 11. Section 865 of the labor law, as added by  chapter  338  of  the
 laws of 1978, is amended to read as follows:
   §  865.  Short  title. This article shall be known and may be cited as
 the "safety [in skiing] ON THE SLOPES act".
   § 12. Section 866 of the labor law, as added by  chapter  338  of  the
 laws of 1978, is amended to read as follows:
   §  866.  Declaration  of  legislative findings. The legislature hereby
 finds that alpine or downhill skiing [is both a]  AND  SNOWBOARDING  ARE
 major  recreational [sport] SPORTS and a major industry within the state
 of New York. The legislature further finds: (a) that downhill skiing AND
 SNOWBOARDING, like many other sports, [is] ARE not without some inherent
 risks; (b) that downhill skiing AND  SNOWBOARDING,  without  established
 rules of conduct and care, may result in injuries to persons and proper-
 ty;  and  (c)  that  it  is necessary and appropriate, as well as in the
 public interest, to take steps to protect downhill skiers AND SNOWBOARD-
 ERS from undue, unnecessary and unreasonable hazards, and  to  encourage
 and  promote  safety  in  the  downhill  ski [industry] AND SNOWBOARDING
 INDUSTRIES.
   It is, therefore, the intent of this article to create and provide for
 the promulgation of a code of conduct for downhill skiers,  SNOWBOARDERS
 and ski area operators which will minimize the risk of injury to persons
 and  property engaged in the [sport] SPORTS of downhill skiing AND SNOW-
 BOARDING.
   § 13. The section heading, subdivision 1 and subdivision 5 of  section
 867  of  the labor law, the section heading and subdivision 1 as amended
 and subdivision 5 as added 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

 A. 1782                             6
 
 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 OR
 SNOWBOARDERS UNDER THE AGE OF FOURTEEN WEAR PROTECTIVE HEADGEAR.
   5. Upon advice of the passenger tramway advisory council, the  commis-
 sion  shall, [on] PRIOR TO the fifteenth day of March, [nineteen hundred
 eighty-nine] TWO THOUSAND TWENTY, promulgate UPDATED rules  which  shall
 set  forth  specifications  for the uniform textual and graphic content,
 physical description, and conspicuous posting of a  "Warning  to  Skiers
 AND SNOWBOARDERS" regarding the risks inherent in the sport as set forth
 in  section 18-101 of the general obligations law, SPECIFICALLY THE RISK
 OF HEAD INJURY, which shall be posted and provided to skiers  AND  SNOW-
 BOARDERS  by  ski  [areas] AREA operators in accordance with subdivision
 one of section 18-106 of the general obligations law, and shall  promul-
 gate  rules  which  shall  set  forth textual and graphic specifications
 designed to occupy not more than twenty-five percent of the  imprintable
 surface  area  of  the  face  side  nor  more than eighty percent of the
 imprintable surface area of the reverse side or  backing  paper  of  all
 lift  tickets  sold  or  distributed in the state, as defined by section
 18-102 of the general obligations law, which shall  uniformly  serve  to
 direct  the  attention  of all skiers OR SNOWBOARDERS to the "Warning to
 Skiers AND SNOWBOARDERS" herein directed to be promulgated and  required
 by section 18-106 of the general obligations law.
   §  14.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law.  Effective immediately, the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 timely implementation of this act on its effective date  are  authorized
 to be made and completed on or before such effective date.