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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2469
SPONSOR: Jones TITLE OF BILL:
An act to amend the general obligations law, in relation to the duties
of skiers and ski area operators
PURPOSE:
This bill would require that all skiers under fourteen years of age must
wear a helmet while skiing at New York ski areas.
SUMMARY OF PROVISIONS:
Section one of this bill would amend Subdivisions 13 and 14 of section
18-105 of the general obligations law, as added by chapter 711 of the
laws of 1988, and would add a new subdivision 15 to require that all
skiers under fourteen years of age have the responsibility to wear a
helmet suitable for use while skiing.
Section two of this bill would add a new section 18-106-a to the general
obligations law to provide that local law enforcement will have the
responsibility of enforcing these new ski helmet requirements.
Section three of this bill would add three new subdivisions 15, 16 and
17 to Section 18-103 to the general obligations law to provide for the
posting of signs advising customers of the availability of helmets for
rent or for sale at the ski area and to provide for a reasonable inven-
tory of helmets for rent and for sale. Furthermore, it requires that the
phrase "New York State Law prohibits children under fourteen years of
age from skiing/snowboarding without a helmet." be published on all lift
tickets.
Section four of this bill provides for the effective date.
JUSTIFICATION:
At the request of the Ski Areas of New York, Inc., this legislation is
modeled after the New York State Bicycle Helmet Law to provide for the
use of helmets for all skiers under the age of fourteen who ski at New
York ski areas. This bill would require that all skiers under the age of
fourteen wear protective helmets that are fastened securely to their
head with straps securely fastened. It will be the responsibility of
local law enforcement to enforce this new helmet requirement. Ski area
operators will be required to post signage at locations where ski tick-
ets are sold advising customers of this new law as well as the avail
ability of helmets for rent and for sale at the ski facility. The Ski
Areas of New York, Inc. encourage and promote the use of helmets by
their skiers, and this legislation will now require that those skiers
under the age of fourteen will now have to wear a protective helmet
similar to what is required under the New York State Bicycle Helmet Law.
While statistics support the fact that skiing is a relatively safe sport
with 2.6 injuries per 1,000 skier visits, head injuries do occur with
some frequency and make up approximately 14% of all injuries suffered.
The New York State Ski Industry has been proactive regarding helmet use
by children. They provide helmets for rent and for sale at their
resorts. They also educate their consumers on the benefits of helmet
use; resort signage and education programs such as WWW.LIDSONKIDS.COM
are examples.
Based upon their commitment to safety and helmet design advances, the
New York State Ski Industry (consistent with previous skier responsibil-
ity laws Industrial Code article 18) is willing to support certain
helmet related obligations such as mandatory sign age, inventory and
education regarding helmet use by children. Child ski helmet use and
awareness is growing. By enacting this law, more children will wear
helmets while skiing which in turn will reduce the number of head inju-
ries suffered while skiing in New York State.
Given the success of the New York State Bicycle Helmet law, the Ski
Areas of New York, Incorporated supports legislation which extends this
law to the sport of down-hill skiing.
LEGISLATIVE HISTORY:
02/05/18 referred to judiciary
01/15/19 referred to judiciary
01/08/20 referred to judiciary
01/06/21 referred to judiciary
01/05/22 referred to judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided however that section three of this act
shall take effect one year after it shall have become a law.
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.
