Assembly Bill A1453B

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1453

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Judiciary

AN  ACT  to amend the general obligations law, in relation to the duties
  of skiers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 18-105 of the general obligations law is amended by
adding a new subdivision 15 to read as follows:
  15.  NOT  TO  SKI IN ANY AREA UNLESS HE OR SHE IS WEARING A PROTECTIVE
HELMET.
  THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO SKIERS ONE  OR  MORE
YEARS OF AGE AND LESS THAN FOURTEEN YEARS OF AGE.
  THE  FAILURE  OF  ANY  PERSON  TO  COMPLY  WITH THE PROVISIONS OF THIS
SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE  OR  ASSUMPTION  OF
THE  RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION
FOR PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF  OF  SUCH  PERSON,
NOR  IN  ANY  WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH
ACTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00329-01-9


              

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1453--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Judiciary -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

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:

  Section 1. Section 18-102 of the general obligations law is amended by
adding a new subdivision 8 to read as follows:
  8. "SNOWBOARDER" MEANS ANY PERSON WEARING A SNOWBOARD AND  ANY  PERSON
ACTUALLY  ON  A  SKI  SLOPE  OR  A  TRAIL LOCATED AT A SKI AREA, FOR THE
PURPOSE OF SNOWBOARDING.
  S 2. Subdivisions 13 and 14 of section 18-105  of  the  general  obli-
gations  law,  as  added by chapter 711 of the laws of 1988, are amended
and a new subdivision 15 is added to read as follows:
  13. To report any personal injury to  the  ski  area  operator  before
leaving the ski area; [and]
  14.  Not  to  willfully  remove,  deface,  alter  or  otherwise damage
signage, warning devices or implements, or other safety  devices  placed
and  maintained by the ski area operator pursuant to the requirements of
section 18-103 of this article[.]; AND
  15. NOT TO ENGAGE IN DOWNHILL SKIING IN ANY AREA UNLESS HE OR  SHE  IS
WEARING  A  PROTECTIVE HELMET.  THE PROVISIONS OF THIS SUBDIVISION SHALL
APPLY ONLY TO SKIERS UNDER FIFTEEN YEARS OF AGE.
  S 3. The general obligations law is amended by adding  a  new  section
18-105-a to read as follows:
  S  18-105-A. SNOWBOARDERS; PROTECTIVE HELMETS. NO PERSON UNDER FIFTEEN
YEARS OF AGE SHALL ENGAGE IN SNOWBOARDING IN ANY AREA UNLESS HE  OR  SHE
IS WEARING A PROTECTIVE HELMET.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00329-04-9
              

A. 1453--A                          2

  S  4.  The  opening  paragraph  of section 18-106 of the general obli-
gations law, as added by chapter 711 of the laws of 1988, is amended  to
read as follows:
  It  is  recognized  that  skiing [is a] AND SNOWBOARDING ARE voluntary
[activity] ACTIVITIES that may be hazardous regardless of  all  feasible
safety measures that can be undertaken by ski area operators. According-
ly:
  S  5.  Paragraphs  c  and  d of subdivision 1 of section 18-106 of the
general obligations law, paragraph c as added by chapter 711 of the laws
of 1988 and paragraph d as amended by chapter 322 of the laws  of  1989,
are amended and two new paragraphs e and f are added to read as follows:
  c.  To  make  available at reasonable fees, as required by subdivision
thirteen of section 18-103 of this article,  instruction  and  education
for  skiers  relative  to the risks inherent in the sport and the duties
prescribed for skiers by this article, and to conspicuously post  notice
of  the  times and places of availability of such instruction and educa-
tion in locations where it is likely to be seen by skiers; [and]
  d. To post notice to skiers of the right to a refund to the  purchaser
in  the  form  and  amount  paid  in the initial sale of any lift ticket
returned to the ski area operator, intact and unused,  upon  declaration
by  such  purchaser that he or she is unprepared or unwilling to ski due
to the risks inherent in the sport or the duties imposed upon him or her
by this article[.];
  E.  TO OFFER FOR SALE OR RENTAL PROTECTIVE HEADGEAR AND  PROHIBIT  ANY
SKIER  OR  SNOWBOARDER  UNDER  FIFTEEN  YEARS  OF AGE WHO IS NOT WEARING
PROTECTIVE HEADGEAR FROM SKIING OR  SNOWBOARDING.  SUCH  HEADGEAR  SHALL
MEET  THE  STANDARDS  OF  THE  AMERICAN NATIONAL STANDARDS INSTITUTE AND
STANDARDS SET FORTH IN REGULATIONS PROMULGATED BY  THE  COMMISSIONER  OF
LABOR  IN  ACCORDANCE  WITH  THE PROVISIONS OF ARTICLE TWENTY-SIX OF THE
LABOR LAW; AND
  F. TO POST NOTICE IN BOLD AND CONSPICUOUS TYPE AT THE POINT OR  POINTS
OF  TRANSACTION  THE  FOLLOWING:  "NEW  YORK STATE LAW REQUIRES THAT ALL
SKIERS AND SNOWBOARDERS UNDER FIFTEEN YEARS OF AGE WEAR PROTECTIVE HEAD-
GEAR."
  S 6. The section heading and subdivision 1 of section 867 of the labor
law, as amended by chapter 711 of the laws of 1988, are amended to  read
as follows:
  Safety  [in  skiing]  ON  THE SLOPES code. 1. The commissioner, on the
advice of the passenger tramway advisory council as created pursuant  to
section  twelve-c  of  this  chapter,  shall  promulgate rules and regu-
lations, consistent with article eighteen  of  the  general  obligations
law,  intended to guard against personal injuries to downhill skiers AND
SNOWBOARDERS which will, in view of such intent, define the  duties  and
responsibilities  of downhill skiers AND SNOWBOARDERS and the duties and
responsibilities of ski area operators.  SUCH DUTIES SHALL INCLUDE,  BUT
NOT  BE  LIMITED  TO,  THE PROVISION BY SKI AREA OPERATORS OF PROTECTIVE
HEADGEAR, FOR PURCHASE OR RENTAL, AND THE REQUIREMENT  THAT  SKIERS  AND
SNOWBOARDERS UNDER FIFTEEN YEARS OF AGE WEAR PROTECTIVE HEADGEAR.
  S 7. The labor law is amended by adding a new section 867-a to read as
follows:
  S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR
HAS  KNOWINGLY  VIOLATED  PARAGRAPH E OR F OF SUBDIVISION ONE OF SECTION
18-106 OF THE GENERAL OBLIGATIONS LAW, HE OR SHE SHALL IMPOSE A FINE  OF
ONE  HUNDRED  DOLLARS  FOR THE FIRST SUCH VIOLATION, TWO HUNDRED DOLLARS
FOR THE SECOND SUCH VIOLATION, AND FOR A THIRD OR  ANY  SUBSEQUENT  SUCH
VIOLATION  THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A HEAR-

A. 1453--A                          3

ING THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A  PERIOD
OF THREE DAYS.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.