S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1376
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by Sens. LITTLE, AVELLA, DeFRANCISCO, VALESKY, YOUNG -- 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.
   § 2. The general obligations law is amended by adding  a  new  section
 18-106-a to read as follows:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00333-01-7

 S. 1376                             2
 
 POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF SUCH SUBDI-
 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.
   §  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."
   § 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.