|SAME AS||SAME AS S07096|
|COSPNSR||Steck, Jaffee, Magnarelli, D'Urso, Peoples-Stokes, Gottfried, Richardson, Lawrence, Errigo, Rivera|
|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.|
|01/09/2018||referred to judiciary|
|02/13/2018||reported referred to codes|
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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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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. LBD02932-01-7A. 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.