NY State Senate Bill 2021-S5329

Senate Bill S5329

2021-2022 Legislative Session

Prohibits a skier from skiing in any area unless he or she is wearing a protective helmet; applicable to skiers under fourteen years of age

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Mar 02, 2021	referred to judiciary

2021-S5329 (ACTIVE) - Details

See Assembly Version of this Bill:: A517
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §§18-105 & 18-103, add §18-106-a, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1453
2011-2012: S4356, A3295
2013-2014: S3282, A8908
2015-2016: S1851, A1911
2017-2018: S1376, A9749
2019-2020: S1945, A1568
2023-2024: S22, A2469

2021-S5329 (ACTIVE) - Summary

Relates to the duties of skiers and ski area operators regarding the use of helmets; requires skiers under age 14 to wear helmets; requires ski area operators to maintain an adequate supply of helmets for sale and rental; requires operators to post signs.

2021-S5329 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5329

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to the duties
of skiers and ski area operators

 
PURPOSE:

This bill would require that all skiers under fourteen years of age must
wear a helmet while skiing at New York ski areas.

 
SUMMARY OF PROVISIONS:

Section one of this bill would amend Subdivisions 13 and 14 of section
18-105 of the general obligations law, as added by chapter 711 of the
laws of 1988, and would add a new subdivision 15 to require that all
skiers under fourteen years of age have the responsibility to wear a
helmet suitable for use while skiing.

Section two of this bill would add a new section 18-106-a to the general
obligations law to provide that local law enforcement will have the
responsibility of enforcing these new ski helmet requirements.

Section three of this bill would add three new subdivisions 15, 16 and
17 to Section 18-103 to the general obligations law to provide for the
posting of signs advising customers of the availability of helmets for
rent or for sale at the ski area and to provide for a reasonable inven-
tory of helmets for rent and for sale. Furthermore, it requires that the
phrase "New York State Law prohibits children under fourteen years of
age from skiing/snowboarding without a helmet." be published on all lift
tickets.

Section four of this bill provides for the effective date.

 
JUSTIFICATION:

At the request of the Ski Areas of New York, Inc., this legislation is
modeled after the New York State Bicycle Helmet Law to provide for the
use of helmets for all skiers under the age of fourteen who ski at New
York ski areas. This bill would require that all skiers under the age of
fourteen wear protective helmets that are fastened securely to their
head with straps securely fastened. It will be the responsibility of
local law enforcement to enforce this new helmet requirement. Ski area
operators will be required to post signage at locations where ski tick-
ets are sold advising customers of this new law as well as the avail-
ability of helmets for rent and for sale at the ski facility. The Ski
Areas of New York, Inc. encourage and promote the use of helmets by
their skiers, and this legislation will now require that those skiers
under the age of fourteen will now have to wear a protective helmet
similar to what is required under the New York State Bicycle Helmet Law.
While statistics support the fact that skiing is a relatively safe sport
with 2.6 injuries per 1,000 skier visits, head injuries do occur with
some frequency and make up approximately 14% of all injuries suffered.
The New York State Ski Industry has been proactive regarding helmet use
by children. They provide helmets for rent and for sale at their
resorts. They also educate their consumers on the benefits of helmet

use; resort signage and education programs such as WWW.LIDSONKIDS.COM
are examples.

Based upon their commitment to safety and helmet design advances, the
New York State Ski Industry (consistent with previous skier responsibil-
ity laws Industrial Code article 18) is willing to support certain
helmet related obligations such as mandatory sign age, inventory and
education regarding helmet use by children. Child ski helmet use and
awareness is growing. By enacting this law, more children will wear
helmets while skiing which in turn will reduce the number of head inju-
ries suffered while skiing in New York State.  Given the success of the
New York State Bicycle Helmet law, the Ski Areas of New York, Incorpo-
rated supports legislation which extends this law to the sport of down-
hill skiing.

 
LEGISLATIVE HISTORY:

2020/2019: S1945 referred to Judiciary; A1568 referred to Judiciary

2018/2017: S1376 passed Senate; A9749 referred to Judiciary

2016/2015: S1851 passed Senate; A1911 referred to Judiciary

2014/2013: 53282 passed Senate; A8908 referred to Judiciary

2012/2011: S4356 referred to Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2021-S5329 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5329
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  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
 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.

                                                            LBD05397-01-1

 S. 5329                             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.
   § 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.

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