S6752 - NY Senate Open Legislation - Requires skiers to wear protective helmets and requires that ski area operators make such helmets available to the public

Sponsor: STAVISKY
Committee: JUDICIARY
Law Section: General Obligations Law

S6752 Summary

Requires skiers to wear protective helmets and requires that ski area operators make educational literature regarding injury prevention and such helmets available to the public and require their use; provides for penalties for violations by ski area operators.

S6752 Actions

S6752 - REFERRED TO JUDICIARY - Feb 3, 2010

S6752 Committee Meetings

Judiciary: Mar 9, 2010: Chair: John Sampson / Location: Room 124 CAP

S6752 Memo

BILL NUMBER: S6752

TITLE OF BILL : An act to amend the general obligations law and the labor law, in relation to the duties of skiers and ski area operators and penalties for violation thereof

PURPOSE OR GENERAL IDEA OF BILL : In an effort to promote safety and prevent tragedy, this legislation

requires: that all skiers wear a protective helmet while skiing; that ski facilities make available helmets through rental or sale; and that educational literature regarding injury prevention be made available by the ski facilities.

SUMMARY OF SPECIFIC PROVISIONS : Amends

Sections 18-103 and 18-105 of the general obligations law.

JUSTIFICATION : As evidenced by the tragic deaths of Michael Kennedy and Congressman Sonny Bono, downhill skiing accidents have the potential to be fatal. Because of the dangers involved in this high-speed activity, it is vital that skiers of all ages and skill levels be made aware of the risks involved and be equipped with the proper safety equipment. Research has demonstrated that recent technological improvements now allow skiers to travel at record high speeds. Further, the most serious ski injuries are caused by collisions involving the head. The objective of this legislation is to promote safety and protect lives.

PRIOR LEGISLATIVE HISTORY : New bill in Senate.

EFFECTIVE DATE : This act shall take effect on the sixtieth day after it shall have become a law.

S6752 Text

S T A T E O F N E W Y O R K
6752
I N SENATE February 3, 2010
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law and the labor law, in relation to the duties of skiers and ski area operators and penalties for violation thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1.

Section 18-103 of the general obligations law is amended by adding two new subdivisions 15 and 16 to read as follows:
15. TO ENSURE THAT SKIERS ARE NOT PERMITTED TO ENTER THE SKI AREA WITHOUT A PROTECTIVE HELMET. 16. TO MAKE AVAILABLE TO THE PUBLIC, FOR SALE OR LEASE, PROTECTIVE HELMETS.

S 2.

Section 18-105 of the general obligations law is amended by adding a new subdivision 12-a to read as follows:
12-A. TO WEAR A PROTECTIVE HELMET WHILE IN THE SKI AREA;

S 3. Paragraph c of subdivision 1 of section 18-106 of the general obligations law, as added by chapter 711 of the laws of 1988, is amended 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, EDUCATIONAL LITERATURE REGARDING INJURY PREVENTION and to conspicuously post notice of the times and places of availability of such instruction and education in locations where it is likely to be seen by skiers; and

S 4. The labor law is amended by adding a new section 867-a to read as follows:

S 867-A. PENALTIES. IF THE COMMISSIONER FINDS THAT A SKI AREA OPERATOR HAS KNOWINGLY VIOLATED THE PROVISIONS OF SUBDIVISION FIFTEEN OR SIXTEEN OF SECTION 18-103 OF THE GENERAL OBLIGATIONS LAW, THE COMMISSIONER SHALL IMPOSE A FINE OF ONE HUNDRED DOLLARS FOR THE FIRST SUCH VIOLATION, TWO HUNDRED DOLLARS FOR A SECOND VIOLATION, AND FOR ANY SUBSEQUENT VIOLATION, THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, AFTER A HEAR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07799-01-9
S. 6752 2 ING THEREON, SUSPEND THE LICENSE OF SUCH SKI AREA OPERATOR FOR A PERIOD OF THREE DAYS.

S 5. This act shall take effect on the sixtieth day after it shall have become a law.

S6752: Requires skiers to wear protective helmets and requires that ski area operators make such helmets available to the public