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.
STATE OF NEW YORK
________________________________________________________________________
3209
2025-2026 Regular Sessions
IN SENATE
January 24, 2025
___________
Introduced by Sens. KAVANAGH, HOYLMAN-SIGAL -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
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 such skier 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 such person
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.
LBD07004-01-5
S. 3209 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] such purchaser is unprepared or
17 unwilling to ski due to the risks inherent in the sport or the duties
18 imposed upon [him or her] such purchaser 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 boarding a passenger tramway. Such headgear
22 for sale or rental shall meet the standards of the American National
23 Standards Institute and standards set forth in regulations promulgated
24 by the commissioner of labor in accordance with the provisions of arti-
25 cle twenty-six of the 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.
