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A08982 Summary:

BILL NOA08982
 
SAME ASSAME AS S07096
 
SPONSORSimon
 
COSPNSRSteck, Jaffee, Magnarelli, D'Urso, Peoples-Stokes, Gottfried, Richardson, Lawrence, Errigo, Rivera
 
MLTSPNSRMorinello, Taylor
 
Amd 18-102, 18-105 & 18-106, add 18-105-a, Gen Ob L; amd 867, add 867-a, Lab L
 
Requires children under the age of eighteen to wear protective headgear while skiing or snowboarding; imposes civil fines for violations thereof; applies safety in skiing code requirements to snowboarders and snowboarding.
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A08982 Actions:

BILL NOA08982
 
01/09/2018referred to judiciary
02/13/2018reported referred to codes
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A08982 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8982
 
SPONSOR: Simon
  TITLE OF BILL: An act to amend the general obligations law and the labor law, in relation to the duties of skiers and snowboarders   PURPOSE: To amend the general obligations law and the labor law, by requiring that children under the age of eighteen years wear protective headgear while skiing and snowboarding.   SUMMARY OF PROVISIONS: Section 1 of the bill amends section 18-102 of the general obligations law by adding a new subdivision 8 defining "snowboarder". Section 2 of the bill amends subdivisions 13 and 14 of section 18-105 of the general obligations law to make certain technical changes; and adds a new subdivision 15 prohibiting skiers less than eighteen years of age from engaging in downhill skiing in any area unless he or she is wearing a protective helmet. Section 3 of the bill adds a new section 18-105-a prohibiting snowboard- ers less than eighteen years of age from engaging in snowboarding in any area unless he or she is wearing a protective helmet. Section 4 of the bill amends the opening paragraph of section 18-106 by adding snowboarding as a hazardous voluntary activity regardless of all feasible safety measures. Section 5 of the bill amends paragraphs c and d of subdivision 1 of section 18-106 to make certain technical changes. Two new paragraphs e and f are added to of subdivision 1 of section 18-106 requiring ski area operators offer for sale or rental protective headgear that meets the set standards and prohibit any skier or snowboarder less than eighteen years of age who is not wearing protective headgear from skiing or snow- boarding, and that the New York State law requiring skiers and snow- boarders under eighteen to wear protective headgear be posted conspicu- ously. Section 6 of the bill amends the section heading and subdivision 1 of section 867 of the labor law to include snowboarders and to require the commissioner promulgate rules, regulations, and duties to guard against personal injuries to downhill skiers and snowboarders related to protec- tive helmet requirements. Section 7 of the bill amends the labor law by adding a new section 867-a authorizing the commissioner to impose a fine on ski area operators who have knowingly violated paragraphs e or f of subdivision one of section 18-106 of the general obligations law of one hundred collars for the first violation and two hundred dollars for any violation that occurs within a year after a prior violation. Section 8 of the bill sets forth the effective date.   JUSTIFICATION: The Consumer Product Safety Commission (CPSC) estimates that there were 84,000 skiing injuries (including 17,000 head injuries) treated in U.S. emergency rooms in 2010. The CPSC also estimated that 2,600 of the head injuries that occurred in children could have been prevented if they had been wearing a helmet. Multiple studies have found that wearing a helmet can halve the risk of sustaining a head injury while skiing or snow- boarding, and that the safety benefits of wearing a helmet may be larger for children than for adults. In recognition of these facts, some ski resorts now require staff and children receiving lessons to wear a helmet, and New Jersey and California have passed laws requiring chil- dren under the age of 18 to wear helmets. This bill would help protect children from future accidents that could affect their quality of life.   FISCAL IMPACT ON THE STATE: None.   FISCAL IMPACT ON LOCALITIES: None.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: Requires individuals under the age of 18 engaged in skiing or snowboard- ing to wear a protective helmet; requires ski area operators to offer for sale or rental protective helmets, to prevent individuals under the age of 18 from skiing or snowboarding at their ski area without a protective helmet, and to post notice that a protective helmet is required for skiers and snowboarders.   IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL SANCTIONS: Ski area operators who knowingly violate their duties under this act shall be subject to a fine of up to $100 for a first offense and up to $200 for any violation that occurs within a year of a prior violation.   LEGISLATIVE HISTORY: 2016: A05961 (Kavanagh) - Codes 2015: A05961 (Kavanagh) - Rules 2014: A00260A (Kavanagh) - Rules 2013: A00260A (Kavanagh) - On the Floor 2012: A04892B (Kavanagh) - Codes 2011: A04892A (Kavanagh) - Judiciary 2010: A02070 (Benjamin) - Judiciary 2009: A02070 (Benjamin) - Judiciary 2008: A06385A (Benjamin) - Judiciary 2007: A06385A (Benjamin) - Judiciary 2006: A10734( Benjamin) - Judiciary   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A08982 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8982
 
                   IN ASSEMBLY
 
                                     January 9, 2018
                                       ___________
 
        Introduced  by M. of A. SIMON -- 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 snowboarders
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 18-102 of the general obligations law is amended by
     2  adding a new subdivision 8 to read as follows:
     3    8. "Snowboarder" means any person wearing a snowboard and actually  on
     4  a  ski  slope or a trail located at a ski area, for the purpose of snow-
     5  boarding.
     6    § 2. Subdivisions 13 and 14 of section 18-105  of  the  general  obli-
     7  gations  law,  as  added by chapter 711 of the laws of 1988, are amended
     8  and a new subdivision 15 is added to read as follows:
     9    13. To report any personal injury to  the  ski  area  operator  before
    10  leaving the ski area; [and]
    11    14.  Not  to  willfully  remove,  deface,  alter  or  otherwise damage
    12  signage, warning devices or implements, or other safety  devices  placed
    13  and  maintained by the ski area operator pursuant to the requirements of
    14  section 18-103 of this article[.]; and
    15    15. Not to engage in downhill skiing in any area unless he or  she  is
    16  wearing  a  protective helmet.  The provisions of this subdivision shall
    17  apply only to skiers under eighteen years of age.
    18    § 3. The general obligations law is amended by adding  a  new  section
    19  18-105-a to read as follows:
    20    § 18-105-a. Snowboarders; protective helmets. No person under eighteen
    21  years  of  age shall engage in snowboarding in any area unless he or she
    22  is wearing a protective helmet.
    23    § 4. The opening paragraph of section  18-106  of  the  general  obli-
    24  gations  law, as added by chapter 711 of the laws of 1988, is amended to
    25  read as follows:
    26    It is recognized that skiing [is a]  and  snowboarding  are  voluntary
    27  [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

        A. 8982                             2
 
     1  safety measures that can be undertaken by ski area operators. According-
     2  ly:
     3    §  5.  Paragraphs  c  and  d of subdivision 1 of section 18-106 of the
     4  general obligations law, paragraph c as added by chapter 711 of the laws
     5  of 1988 and paragraph d as amended by chapter 322 of the laws  of  1989,
     6  are amended and two new paragraphs e and f are added to read as follows:
     7    c.  To  make  available at reasonable fees, as required by subdivision
     8  thirteen of section 18-103 of this article,  instruction  and  education
     9  for  skiers  relative  to the risks inherent in the sport and the duties
    10  prescribed for skiers by this article, and to conspicuously post  notice
    11  of  the  times and places of availability of such instruction and educa-
    12  tion in locations where it is likely to be seen by skiers; [and]
    13    d. To post notice to skiers of the right to a refund to the  purchaser
    14  in  the  form  and  amount  paid  in the initial sale of any lift ticket
    15  returned to the ski area operator, intact and unused,  upon  declaration
    16  by  such  purchaser that he or she is unprepared or unwilling to ski due
    17  to the risks inherent in the sport or the duties imposed upon him or her
    18  by this article[.];
    19    e.  To offer for sale or rental protective headgear and  prohibit  any
    20  skier  or  snowboarder  under  eighteen  years of age who is not wearing
    21  protective headgear from skiing or  snowboarding.  Such  headgear  shall
    22  meet  the  standards  of  the  American National Standards Institute and
    23  standards set forth in regulations promulgated by  the  commissioner  of
    24  labor  in  accordance  with  the provisions of article twenty-six of the
    25  labor law; and
    26    f. To post notice in bold and conspicuous type at the point or  points
    27  of  transaction  the  following:  "NEW  YORK STATE LAW REQUIRES THAT ALL
    28  SKIERS AND SNOWBOARDERS UNDER EIGHTEEN  YEARS  OF  AGE  WEAR  PROTECTIVE
    29  HEADGEAR."
    30    § 6. The section heading and subdivision 1 of section 867 of the labor
    31  law,  as amended by chapter 711 of the laws of 1988, are amended to read
    32  as follows:
    33    Safety [in skiing] on the slopes code. 1.  The  commissioner,  on  the
    34  advice  of the passenger tramway advisory council as created pursuant to
    35  section twelve-c of this  chapter,  shall  promulgate  rules  and  regu-
    36  lations,  consistent  with  article  eighteen of the general obligations
    37  law, intended to guard against personal injuries to downhill skiers  and
    38  snowboarders  which  will, in view of such intent, define the duties and
    39  responsibilities of downhill skiers and snowboarders and the duties  and
    40  responsibilities  of ski area operators.  Such duties shall include, but
    41  not be limited to, the provision by ski  area  operators  of  protective
    42  headgear,  for  purchase  or rental, and the requirement that skiers and
    43  snowboarders under eighteen years of age wear protective headgear.
    44    § 7. The labor law is amended by adding a new section 867-a to read as
    45  follows:
    46    § 867-a. Penalties. If the commissioner finds that a ski area operator
    47  has knowingly violated paragraph e or f of subdivision  one  of  section
    48  18-106  of  the general obligations law, the commissioner shall impose a
    49  fine of up to one hundred dollars for the first such violation or up  to
    50  two  hundred dollars for any violation that occurs within a year after a
    51  prior violation.
    52    § 8. This act shall take effect on the ninetieth day  after  it  shall
    53  have become a law.
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