BILL NUMBER: S3209
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the general obligations law and the labor law, in
relation to the duties of skiers and snowboarders
 
PURPOSE:
To amend the general obligations law and the labor law, by requiring
that children under the age of eighteen years wear protective headgear
while skiing and snowboarding.
 
PROVISIONS:
Section 1 of the bill amends section 18-1.02 of the general obligations
law by adding a new subdivision 8 defining "snowboarder".
Section 2 of the bill amends subdivisions 13 and 14 of section 18-105 of
the general obligations law to make certain technical changes; and adds
a new subdivision 15 prohibiting skiers less than eighteen years of age
from engaging in downhill skiing in any area unless he or she is wearing
a protective helmet.
Section 3 of the bill adds a new section 18-105-a prohibiting snowboard-
ers less than eighteen years of age from engaging in snowboarding in any
area unless he or she is wearing a protective helmet.
Section 4 of the bill amends the opening paragraph of section 18-106 by
adding snowboarding as a hazardous voluntary activity regardless of all
feasible safety measures.
Section 5 of the bill amends paragraphs c and d of subdivision 1 of
section 18-106 to make certain technical changes. Two new paragraphs e
and f are added to of subdivision 1 of section 18-106 requiring ski area
operators offer for sale or rental protective headgear that meets the
set standards and prohibit any skier or snowboarder less than eighteen
years of age who is not wearing protective headgear from skiing or snow-
boarding, and that the New York State law requiring skiers and snow-
boarders under eighteen to wear protective headgear be posted conspicu-
ously.
Section 6 of the bill amends the section heading and subdivision 1 of
section 867 of the labor law to include snowboarders and to require the
commissioner promulgate rules, regulations, and duties to guard against
personal injuries to downhill skiers and snowboarders related to protec-
tive helmet requirements.
Section 7 of the bill amends the labor law by adding a new section 867-a
authorizing the commissioner to impose a fine on ski area operators who
have knowingly violated paragraphs e or f of subdivision one of section
18-106 of the general obligations law of one hundred collars for the
first violation and two hundred dollars for any violation that occurs
within a year after a prior violation.
Section 8 of the bill sets forth the effective date.
 
JUSTIFICATION:
The Consumer Product Safety Commission (CPSC) estimates that there were
84,000 skiing injuries (including 17,000 head injuries) treated in U.S.
emergency rooms in 2010. The CPSC also estimated that 2,600 of the head
injuries that occurred in children could have been prevented if they had
been wearing a helmet. Multiple studies have found that wearing a helmet
can halve the risk of sustaining a head injury while skiing or snow-
boarding, and that the safety benefits of wearing a helmet may be larger
for children than for adults. In recognition of these facts, some ski
resorts now require staff and children receiving lessons to wear a
helmet, and New Jersey and California have passed laws requiring chil-
dren under the age of 18 to wear helmets. This bill would help protect
children from future accidents that could affect their quality of life.
 
FISCAL IMPACT ON THE STATE:
None.
 
FISCAL IMPACT ON LOCALITIES:
None.
 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
Requires individuals under the age of 18 engaged in skiing or snowboard-
ing to wear a protective helmet; requires ski area operators to offer
for sale or rental protective helmets, to prevent individuals under the
age of 18 from skiing or snowboarding at their ski area without a
protective helmet, and to post notice that a protective helmet is
required for skiers and snowboarders.
 
IMPACT ON FINES. IMPRISONMENT. FORFEITURE OF RIGHTS OR OTHER PENAL
SANCTIONS:
Ski area operators who knowingly violate their duties under this act
shall be subject to a fine of up to $100 for a first offense and up to
$200 for any violation that occurs within a year of a prior violation.
 
LEGISLATIVE HISTORY:
2023-24: S641- REFERRED TO JUDICIARY
2022: S2901/A2119 (Simon) -ADVANCED TO THIRD READING, COMMITTED TO
RULES/ referred to Judiciary.
2021: S2901/A2119 (Simon) -ADVANCED TO THIRD READING, COMMITTED TO
RULES/ referred to Judiciary
2020: S2345A/A1405A - ADVANCED TO THIRD READING, COMMITTED TO RULES/
amend and recommit to codes
2019: S2345/A1405 - ADVANCED TO THIRD READING, COMMITTED TO RULES/
reported referred to codes, reported referred to rules
2018: S7096/48982 - REFERRED TO JUDICIARY/ referred to codes
2017: A1854 - stricken
2016: A5961 - reported and referred to codes 2015: A5961 - reported and
referred to rules
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S3209: 18-102 general obligations law