Bill Text: NY A02469 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 2469 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2024-01-03 - referred to judiciary [A02469 Detail]

Download: New_York-2023-A02469-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          2469

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M. of A. JONES, McDONOUGH -- Multi-Sponsored by -- M. of
          A. MORINELLO -- 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:

     1    Section 1. Subdivisions 13 and 14 of section  18-105  of  the  general
     2  obligations  law,  as  added  by  chapter  711  of the laws of 1988, are
     3  amended and a new subdivision 15 is added to read as follows:
     4    13. To report any personal injury to  the  ski  area  operator  before
     5  leaving the ski area; [and]
     6    14.  Not  to  willfully  remove,  deface,  alter  or  otherwise damage
     7  signage, warning devices or implements, or other safety  devices  placed
     8  and  maintained by the ski area operator pursuant to the requirements of
     9  section 18-103 of this article[.]; and
    10    15. All skiers, under fourteen years of age, shall have the additional
    11  responsibility to wear a helmet  suitable  for  use  while  skiing.  For
    12  purposes  of this subdivision wearing of a helmet means a helmet of good
    13  fit fastened securely to the head of the  wearer  with  straps  securely
    14  fastened.
    15    §  2.  The  general obligations law is amended by adding a new section
    16  18-106-a to read as follows:
    17    § 18-106-a. Enforcement of ski helmet requirements. 1. Any person  who
    18  violates the provisions of subdivision fifteen of section 18-105 of this
    19  article  shall  pay  a  civil  fine not to exceed fifty dollars. A court
    20  shall waive such fine if such person supplies the court with proof  that
    21  between  the  date  of  the  violation  and the appearance date for such
    22  violation such person purchased or rented a helmet.
    23    2. Local law enforcement shall be solely responsible for enforcing the
    24  provisions of subdivision fifteen of section 18-105 of this  article.  A
    25  police officer shall only issue a summons for a violation of such subdi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01702-01-3

        A. 2469                             2

     1  vision by a person under fourteen years of age to the parent or guardian
     2  of such person if the violation by such person occurs in the presence of
     3  such  person's  parent  or guardian and where such parent or guardian is
     4  eighteen  years  of  age  or older. Such summons shall only be issued to
     5  such parent or guardian, and shall not be issued to the person under the
     6  age of fourteen.
     7    § 3. Section 18-103 of the  general  obligations  law  is  amended  by
     8  adding three new subdivisions 15, 16 and 17 to read as follows:
     9    15.    (a)  To post signs at the central location information board at
    10  the ski area and at all on site locations where tickets  are  sold  that
    11  advises  customers  of the availability of helmets for sale and for rent
    12  at the ski area; and
    13    (b) To post signs at the central location information board at the ski
    14  area and at all on site locations where tickets are  sold  that  advises
    15  customers of their obligations under section 18-105 of this article.
    16    16.  To  maintain  a  reasonable inventory of helmets for rent and for
    17  sale.  Such helmets shall meet the standards and criteria set  forth  in
    18  subdivision fifteen of section 18-105 of this article.
    19    17.  To  publish on all lift tickets the following language: "New York
    20  state  law  prohibits  children  under  fourteen  years  of   age   from
    21  skiing/snowboarding without a helmet."
    22    § 4. This act shall take effect on the one hundred eightieth day after
    23  it  shall have become a law; provided however that section three of this
    24  act shall take effect one year after it shall have become a law.