BILL NUMBER: S545
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 pew,
York ski areas. This bill would require that all skiers under thdA4et.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 re garding 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:
2023-2024: S22 referred to Judiciary; A2469 referred to Judiciary
2022/2021: S5329 referred to Judiciary; A517 referred to Judiciary
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: S3282 passed Senate; A8908 referred to Judiciary
2012/2011: S4356 referred to Judiciary
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:

Statutes affected:
S545: 18-103 general obligations law