S T A T E   O F   N E W   Y O R K
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                                  2070

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. CLARK,
  MILLER -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the  general  obligations  law and the labor law, in
  relation to safety and the use of helmets when  skiing,  sledding  and
  snowboarding

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

  Section 1. Subdivisions 1, 4 and 7 of section 18-102  of  the  general
obligations  law,  as  added  by  chapter  711  of the laws of 1988, are
amended and two new subdivisions 8 and 9 are added to read as follows:
  1. "Lift ticket" means any item issued by a ski area operator  to  any
skier,  SLEDDER  OR  SNOWBOARDER  that  is intended to be affixed to the
outerwear of the skier, SLEDDER OR SNOWBOARDER, or  otherwise  displayed
by a skier, SLEDDER OR SNOWBOARDER, to signify lawful entry upon and use
of  the passenger tramways or ski slopes or trails maintained by the ski
area operator.
  4. "Ski area" means all ski slopes, ski trails, SLEDDING SLOPES, SLED-
DING TRAILS, SNOWBOARD SLOPES, SNOWBOARD TRAILS and  passenger  tramways
administered as a single enterprise within this state.
  7. "Ski slopes and trails" mean those areas designated by the ski area
operator for skiing, SLEDDING OR SNOWBOARDING.
  8.  "SNOWBOARDER"  MEANS ANY PERSON WEARING A SNOWBOARD AND ANY PERSON
ACTUALLY ON A SKI SLOPE OR TRAIL LOCATED AT A SKI AREA, FOR THE  PURPOSE
OF SNOWBOARDING.
  9.  "SLEDDER" MEANS ANY PERSON USING A SLED, WHICH IS ANY VEHICLE USED
FOR CARRYING PEOPLE OR LOADS OVER ICE AND SNOW, ACTUALLY ON A  SLOPE  OR
TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE OF SLEDDING.
  S  2.  Section  18-103  of  the  general obligations law is amended by
adding three new subdivisions 15, 16 and 17 to read as follows:
  15. TO INCORPORATE AND APPLY ALL OF THE DUTIES AND RESPONSIBILITIES OF
THIS SECTION TO SLEDDING, SLEDDERS, SNOWBOARDING AND SNOWBOARDERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05385-01-9
              

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  16. TO CONSPICUOUSLY POST AND MAINTAIN APPROPRIATE  SIGNAGE  REGARDING
THE HELMET REQUIREMENT, AS PROVIDED IN SECTION 18-106-A OF THIS ARTICLE.
  17. TO MAKE AVAILABLE FOR SALE OR RENTAL, AT A REASONABLE FEE, PROTEC-
TIVE  HEADGEAR  FOR  PERSONS  UNDER  FOURTEEN YEARS OF AGE TO WEAR WHILE
SKIING, SLEDDING OR SNOWBOARDING, AS PROVIDED  IN  SECTION  18-106-A  OF
THIS ARTICLE.
  S  3.  The section heading and the opening paragraph of section 18-105
of the general obligations law, as added by chapter 711 of the  laws  of
1988, are amended to read as follows:
  Duties  of  skiers,  SLEDDERS AND SNOWBOARDERS.  All skiers shall have
the following duties AND ALL SLEDDERS AND SNOWBOARDERS  SHALL  HAVE  THE
SAME  DUTIES  AS  APPLICABLE TO SNOWBOARDING AND SNOWBOARDING SLOPES AND
TRAILS:
  S 4. The section heading and opening paragraph of  section  18-106  of
the  general  obligations  law,  as  added by chapter 711 of the laws of
1988, are amended to read as follows:
  Duties of skiers, SLEDDERS, SNOWBOARDERS and ski area  operators  with
respect to inherent risks. It is recognized that skiing [is a], SLEDDING
AND SNOWBOARDING ARE voluntary [activity] ACTIVITIES that may be hazard-
ous regardless of all feasible safety measures that can be undertaken by
ski  area  operators.  THEREFORE  THE DUTIES IMPOSED UPON SKIERS AND SKI
AREA OPERATORS BY THIS SECTION, SHALL ALSO APPLY TO SLEDDERS,  SLEDDING,
SNOWBOARDERS AND SNOWBOARDING. Accordingly:
  S  5.  The  general obligations law is amended by adding a new section
18-106-A to read as follows:
  S 18-106-A. SKIERS, SLEDDERS AND SNOWBOARDERS UNDER FOURTEEN YEARS  OF
AGE TO WEAR PROTECTIVE HEADGEAR. 1. NO SKIER, SLEDDER OR SNOWBOARDER ONE
OR  MORE  YEARS  OF  AGE AND LESS THAN FOURTEEN YEARS OF AGE, SHALL SKI,
SLED OR SNOWBOARD UNLESS SUCH PERSON IS WEARING A HELMET MEETING  SAFETY
STANDARDS  ESTABLISHED  BY THE COMMISSIONER OF LABOR PURSUANT TO SECTION
TWO HUNDRED TWO-C OR EIGHT HUNDRED SIXTY-SEVEN OF THE LABOR LAW. FOR THE
PURPOSES OF THIS SECTION WEARING A HELMET MEANS HAVING A HELMET OF  GOOD
FIT FASTENED SECURELY UPON THE HEAD WITH THE HELMET STRAPS.
  2.  (A)  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF
THIS SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
  (B) THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD BE  LIABLE  IF  SUCH
PERSON  SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
AND THE APPEARANCE DATE FOR SUCH  VIOLATION  SUCH  PERSON  PURCHASED  OR
RENTED A HELMET.
  (C)  THE  COURT MAY WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD  BE  LIABLE  IF  THE
COURT  FINDS  THAT  DUE  TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS
UNABLE TO PURCHASE A HELMET.
  3. THE FAILURE OF ANY PERSON TO COMPLY WITH  THE  PROVISIONS  OF  THIS
SECTION  SHALL  NOT  CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF
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.
  4.  A  POLICE  OFFICER  SHALL  ONLY ISSUE A SUMMONS FOR A VIOLATION OF
SUBDIVISION ONE OF THIS SECTION BY A PERSON LESS THAN FOURTEEN YEARS  OF
AGE  TO  THE  PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH
PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT  OR  GUARDIAN  AND
WHERE  SUCH  PARENT  OR  GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE. SUCH
SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND  SHALL  NOT
BE ISSUED TO THE PERSON LESS THAN FOURTEEN YEARS OF AGE.

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  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, SLEDDING AND SNOWBOARDING 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
regulations, consistent with article eighteen of the general obligations
law, intended to guard against personal  injuries  to  downhill  skiers,
SLEDDERS AND SNOWBOARDERS which will, in view of such intent, define the
duties  and responsibilities of downhill skiers, SLEDDERS AND SNOWBOARD-
ERS and the duties and responsibilities of ski area operators.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.