S T A T E   O F   N E W   Y O R K
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                                  3282

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Subdivisions 13 and 14 of section  18-105  of  the  general
obligations  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. ALL SKIERS, UNDER FOURTEEN YEARS OF AGE, SHALL HAVE THE ADDITIONAL
RESPONSIBILITY TO WEAR A HELMET  SUITABLE  FOR  USE  WHILE  SKIING.  FOR
PURPOSES  OF THIS SUBDIVISION WEARING OF A HELMET MEANS A HELMET OF GOOD
FIT FASTENED SECURELY TO THE HEAD OF THE  WEARER  WITH  STRAPS  SECURELY
FASTENED.
  S  2.  The  general obligations law is amended by adding a new section
18-106-a to read as follows:
  S 18-106-A. ENFORCEMENT OF SKI HELMET REQUIREMENTS. 1. ANY PERSON  WHO
VIOLATES THE PROVISIONS OF SUBDIVISION FIFTEEN OF SECTION 18-105 OF THIS
ARTICLE  SHALL  PAY  A  CIVIL  FINE NOT TO EXCEED FIFTY DOLLARS. A COURT
SHALL WAIVE SUCH FINE IF SUCH PERSON SUPPLIES THE COURT WITH PROOF  THAT
BETWEEN  THE  DATE  OF  THE  VIOLATION  AND THE APPEARANCE DATE FOR SUCH
VIOLATION SUCH PERSON PURCHASED OR RENTED A HELMET.
  2. LOCAL LAW ENFORCEMENT SHALL BE SOLELY RESPONSIBLE FOR ENFORCING THE
PROVISIONS OF SUBDIVISION FIFTEEN OF SECTION 18-105 OF THIS  ARTICLE.  A
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.
                                                           LBD01199-01-3
              

S. 3282                             2

VISION BY A PERSON UNDER 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 OLDER. SUCH SUMMONS SHALL ONLY BE ISSUED TO
SUCH PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON UNDER THE
AGE OF FOURTEEN.
  S 3. Section 18-103 of the  general  obligations  law  is  amended  by
adding three new subdivisions 15, 16 and 17 to read as follows:
  15.    (A)  TO POST SIGNS AT THE CENTRAL LOCATION INFORMATION BOARD AT
THE SKI AREA AND AT ALL ON SITE LOCATIONS WHERE TICKETS  ARE  SOLD  THAT
ADVISES  CUSTOMERS  OF THE AVAILABILITY OF HELMETS FOR SALE AND FOR RENT
AT THE SKI AREA; AND
  (B) TO POST SIGNS AT THE CENTRAL LOCATION INFORMATION BOARD AT THE SKI
AREA AND AT ALL ON SITE LOCATIONS WHERE TICKETS ARE  SOLD  THAT  ADVISES
CUSTOMERS OF THEIR OBLIGATIONS UNDER SECTION 18-105 OF THIS ARTICLE.
  16.  TO  MAINTAIN  A  REASONABLE INVENTORY OF HELMETS FOR RENT AND FOR
SALE.  SUCH HELMETS SHALL MEET THE STANDARDS AND CRITERIA SET  FORTH  IN
SUBDIVISION FIFTEEN OF SECTION 18-105 OF THIS ARTICLE.
  17.  TO  PUBLISH ON ALL LIFT TICKETS THE FOLLOWING LANGUAGE: "NEW YORK
STATE  LAW  PROHIBITS  CHILDREN  UNDER  FOURTEEN  YEARS  OF   AGE   FROM
SKIING/SNOWBOARDING WITHOUT A HELMET."
  S 4. 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.