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STATE OF NEW YORK ________________________________________________________________________ 4356 2011-2012 Regular Sessions IN SENATE March 31, 2011 ___________ Introduced by Sens. LITTLE, DeFRANCISCO, FARLEY, FUSCHILLO, SEWARD, 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: 1 Section 1. Subdivisions 13 and 14 of section 18-105 of the general 2 obligations law, as added by chapter 711 of the laws of 1988, are 3 amended and a new subdivision 15 is added to read as follows: 4 13. To report any personal injury to the ski area operator before 5 leaving the ski area; [ and] 6 14. Not to willfully remove, deface, alter or otherwise damage 7 signage, warning devices or implements, or other safety devices placed 8 and maintained by the ski area operator pursuant to the requirements of 9 section 18-103 of this article[ .]; and 10 15. All skiers, under fourteen years of age, shall have the additional 11 responsibility to wear a helmet suitable for use while skiing. For 12 purposes of this subdivision wearing of a helmet means a helmet of good 13 fit fastened securely to the head of the wearer with straps securely 14 fastened. 15 § 2. The general obligations law is amended by adding a new section 16 18-106-a to read as follows: 17 § 18-106-a. Enforcement of ski helmet requirements. 1. Any person who 18 violates the provisions of subdivision fifteen of section 18-105 of this 19 article shall pay a civil fine not to exceed fifty dollars. A court 20 shall waive such fine if such person supplies the court with proof that 21 between the date of the violation and the appearance date for such 22 violation such person purchased or rented a helmet. 23 2. Local law enforcement shall be solely responsible for enforcing the 24 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. LBD03586-04-1S. 4356 2 1 police officer shall only issue a summons for a violation of such subdi- 2 vision by a person under fourteen years of age to the parent or guardian 3 of such person if the violation by such person occurs in the presence of 4 such person's parent or guardian and where such parent or guardian is 5 eighteen years of age or older. Such summons shall only be issued to 6 such parent or guardian, and shall not be issued to the person under the 7 age of fourteen. 8 § 3. Section 18-103 of the general obligations law is amended by 9 adding three new subdivisions 15, 16 and 17 to read as follows: 10 15. (a) To post signs at the central location information board at 11 the ski area and at all on site locations where tickets are sold that 12 advises customers of the availability of helmets for sale and for rent 13 at the ski area; and 14 (b) To post signs at the central location information board at the ski 15 area and at all on site locations where tickets are sold that advises 16 customers of their obligations under section 18-105 of this article. 17 16. To maintain a reasonable inventory of helmets for rent and for 18 sale. Such helmets shall meet the standards and criteria set forth in 19 subdivision fifteen of section 18-105 of this article. 20 17. To publish on all lift tickets the following language: "New York 21 state law prohibits children under fourteen years of age from 22 skiing/snowboarding without a helmet." 23 § 4. This act shall take effect on the one hundred eightieth day after 24 it shall have become a law; provided however that section three of this 25 act shall take effect one year after it shall have become a law.