Senate Bill S2345A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2345--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sens. KAVANAGH, HOYLMAN, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  recommitted  to the Committee on Judiciary in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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:
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01803-02-0

 S. 2345--A                          2
 
   It  is  recognized  that  skiing [is a] AND SNOWBOARDING ARE voluntary
 [activity] ACTIVITIES that may be hazardous regardless of  all  feasible
 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 BOARDING A PASSENGER TRAMWAY.    SUCH  HEADGEAR
 FOR  SALE  OR  RENTAL  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 ARTI-
 CLE 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.