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Senate bill · S3209 (2025-26)

Provides for children under the age of eighteen to wear protective headgear while skiing or snowboarding

Latest action May 19, 2026

New York State Senate

Same as A10822, the matching bill in the Assembly.

Sponsor

Brian Kavanagh

State Senator, District 27 · Democratic

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Summary

Requires children under the age of eighteen to wear protective headgear while skiing or snowboarding; imposes civil fines for violations thereof; applies safety in skiing code requirements to snowboarders and snowboarding.

Summary from NY Open Legislation. How we handle summaries

Amends the General Obligations Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

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Purpose, from the sponsor's memo

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.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic2

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Brian Kavanagh says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Committee vote · Cultural Affairs, Tourism, Parks And Recreation

    Senate Cultural Affairs, Tourism, Parks And RecreationMay 19, 2026Result: passed

    (6) (1) (0) (0)
  • Vote: Committee vote · Judiciary

    Senate JudiciaryMar 5, 2026Result: passed

    (16) (3) (0) (0)

Full history

  1. May 19, 2026

    Reported out of committee

    REPORTED AND COMMITTED TO HEALTH

    NY Senate

  2. Apr 1, 2026

    Referred to committee

    REFERRED TO JUDICIARY

    NY Assembly

  3. Mar 5, 2026

    Reported out of committee

    REPORTED AND COMMITTED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

    NY Senate

  4. Jan 7, 2026

    Referred to committee

    REFERRED TO JUDICIARY

    NY Senate

  5. Jan 24, 2025

    Referred to committee

    REFERRED TO JUDICIARY

    NY Senate