Bill Text: NY A03115 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Requires skiers to wear protective helmets and requires that ski area operators make educational literature regarding injury prevention and such helmets available to the public and require their use; provides for penalties for violations by ski area operators.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A03115 Detail]

Download: New_York-2013-A03115-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3115
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 23, 2013
                                      ___________
       Introduced  by  M.  of  A.  ORTIZ, MILLMAN, SCARBOROUGH, CASTRO, HOOPER,
         WEISENBERG, JAFFEE, KAVANAGH, WEPRIN, LAVINE, ROBINSON --  Multi-Spon-
         sored by -- M. of A. CLARK, COOK, GOTTFRIED, HIKIND, MARKEY, THIELE --
         read once and referred 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 ski area operators and  penalties
         for violation thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 18-103 of the general obligations law is amended by
    2  adding two new subdivisions 15 and 16 to read as follows:
    3    15. TO ENSURE THAT SKIERS ARE NOT PERMITTED  TO  ENTER  THE  SKI  AREA
    4  WITHOUT A PROTECTIVE HELMET.
    5    16.  TO  MAKE  AVAILABLE  TO THE PUBLIC, FOR SALE OR LEASE, PROTECTIVE
    6  HELMETS.
    7    S 2. Section 18-105 of the  general  obligations  law  is  amended  by
    8  adding a new subdivision 12-a to read as follows:
    9    12-A. TO WEAR A PROTECTIVE HELMET WHILE IN THE SKI AREA;
   10    S  3.  Paragraph  c  of subdivision 1 of section 18-106 of the general
   11  obligations law, as added by chapter 711 of the laws of 1988, is amended
   12  to read as follows:
   13    c. To make available at reasonable fees, as  required  by  subdivision
   14  thirteen  of  section  18-103 of this article, instruction and education
   15  for skiers relative to the risks inherent in the sport  and  the  duties
   16  prescribed  for skiers by this article, EDUCATIONAL LITERATURE REGARDING
   17  INJURY PREVENTION and to conspicuously post  notice  of  the  times  and
   18  places  of  availability  of such instruction and education in locations
   19  where it is likely to be seen by skiers; and
   20    S 4. The labor law is amended by adding a new section 867-a to read as
   21  follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06969-01-3
       A. 3115                             2
    1    S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
    2  HAS KNOWINGLY VIOLATED THE PROVISIONS OF SUBDIVISION FIFTEEN OR  SIXTEEN
    3  OF SECTION 18-103 OF THE GENERAL OBLIGATIONS LAW, THE COMMISSIONER SHALL
    4  IMPOSE  A  FINE OF ONE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION, TWO
    5  HUNDRED   DOLLARS  FOR  A  SECOND  VIOLATION,  AND  FOR  ANY  SUBSEQUENT
    6  VIOLATION, THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A HEAR-
    7  ING THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A  PERIOD
    8  OF THREE DAYS.
    9    S  5.  This  act  shall take effect on the sixtieth day after it shall
   10  have become a law.