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S07096 Summary:

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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S07096 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     January 3, 2018
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed 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.

        S. 7096                             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
    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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