A4892B-2011 Actions

• Jun 15, 2012: print number 4892b
• Jun 15, 2012: amend and recommit to codes
• Jun 5, 2012: reported referred to codes
• May 24, 2012: print number 4892a
• May 24, 2012: amend (t) and recommit to judiciary
• Jan 4, 2012: referred to judiciary
• Feb 9, 2011: referred to judiciary

A4892B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4892--B
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 9, 2011
 
 Introduced  by  M.  of A. KAVANAGH, JAFFEE, P. RIVERA, WEPRIN, PAULIN -
 Multi-Sponsored by  --  M.  of  A.  ARROYO,  CALHOUN,  CLARK,  CORWIN,
 LINARES,  McDONOUGH,  J. MILLER, SALADINO, SIMOTAS, WEISENBERG -- read
 once and referred to the Committee on Judiciary -- recommitted to  the
 Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 -
 committee discharged, bill amended, ordered reprinted as  amended  and
 recommitted  to said committee -- reported and referred to the Commit
 tee on Codes -- 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 ACTUALLY ON
 A SKI SLOPE OR A TRAIL LOCATED AT A SKI AREA, FOR THE PURPOSE  OF  SNOW
 BOARDING.
 

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 EIGHTEEN YEARS OF AGE.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07333-03-2
 
       A. 4892--B                          2
 

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 EIGHTEEN
 YEARS  OF  AGE SHALL ENGAGE IN SNOWBOARDING IN ANY AREA UNLESS HE OR SHE
 IS WEARING A PROTECTIVE HELMET.
 

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 EIGHTEEN 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  EIGHTEEN  YEARS OF AGE WEAR PROTECTIVE
 HEADGEAR."
 

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 EIGHTEEN YEARS OF AGE WEAR PROTECTIVE HEADGEAR.
 

S 7. The labor law is amended by adding a new section 867-a to read as
 follows:

 
       A. 4892--B                          3
 

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
 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 ninetieth day  after  it  shall
 have become a law.

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