Bill Text: NY A05077 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires persons under 14 years of age who ice skate to wear protective helmets, and requires ice skating facilities to supply helmets and helmet safety information; provides penalty for a violation and that failure to comply shall not constitute contributing negligence or assumption of risk; further provides that the commissioner of public health establish a statewide ice skate helmet education program.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-12-16 - enacting clause stricken [A05077 Detail]
Download: New_York-2011-A05077-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5077 2011-2012 Regular Sessions I N A S S E M B L Y February 11, 2011 ___________ Introduced by M. of A. HAYES, KOLB -- Multi-Sponsored by -- M. of A. MONTESANO -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development AN ACT to amend the general business law and the public health law, in relation to ice skating helmets THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 398-d of the general business law is renumbered 2 section 398-f and two new sections 398-d and 398-e are added to read as 3 follows: 4 S 398-D. WEARING OF HELMET REQUIRED WHILE ICE SKATING. 1. NO PERSON 5 LESS THAN FOURTEEN YEARS OF AGE SHALL ICE SKATE UNLESS SUCH PERSON IS 6 WEARING A PROTECTIVE HELMET; PROVIDED, HOWEVER, THAT ANY PERSON LESS 7 THAN FOURTEEN YEARS OF AGE WHO UNDER THE SUPERVISION OF A COACH IS PRAC- 8 TICING FOR AN ORGANIZED FIGURE SKATING COMPETITION OR IS PARTICIPATING 9 IN SUCH COMPETITION SHALL NOT BE REQUIRED TO WEAR A PROTECTIVE HELMET. 10 FOR THE PURPOSES OF THIS SECTION, WEARING A HELMET MEANS HAVING A HELMET 11 FASTENED SECURELY UPON THE HEAD USING THE MANUFACTURER'S FITTING GUIDE- 12 LINES FOR THE PARTICULAR MODEL USED. 13 2. ANY PERSON WHO VIOLATES THE PROVISION OF THIS SECTION SHALL PAY A 14 CIVIL FINE NOT TO EXCEED FIFTY DOLLARS. A POLICE OFFICER SHALL ONLY 15 ISSUE A SUMMONS FOR A VIOLATION OF THIS SECTION BY A PERSON LESS THAN 16 FOURTEEN YEARS OF AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE 17 VIOLATION BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT 18 OR GUARDIAN AND WHERE SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS OF AGE 19 OR MORE. SUCH SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, 20 AND SHALL NOT BE ISSUED TO THE PERSON LESS THAN FOURTEEN YEARS OF AGE. 21 3. (A) THE COURT SHALL WAIVE ANY CIVIL FINE FOR WHICH A PERSON WHO 22 VIOLATES THE PROVISIONS OF THIS SECTION WOULD BE LIABLE IF SUCH PERSON 23 SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION AND THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08732-01-1 A. 5077 2 1 APPEARANCE DATE FOR SUCH VIOLATION SUCH PERSON PURCHASED OR RENTED A 2 HELMET. 3 (B) THE COURT MAY WAIVE ANY CIVIL FINE FOR WHICH A PERSON WHO VIOLATES 4 THE PROVISIONS OF THIS SECTION WOULD BE LIABLE IF THE COURT FINDS THAT 5 DUE TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS UNABLE TO PURCHASE A 6 HELMET. 7 4. THE FAILURE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS 8 SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF 9 RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR 10 PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN 11 ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION. 12 S 398-E. ICE SKATING FACILITY; RENTING OF HELMETS. 1. FOR THE PURPOSES 13 OF THIS SECTION, "ICE SKATING FACILITY" SHALL MEAN ANY PERSON, PROPRIE- 14 TOR, LESSEE, FIRM, CORPORATION, MUNICIPALITY OR OTHER LEGAL ENTITY OPER- 15 ATING AN ICE SKATING RINK WHICH PROVIDES FACILITIES TO ICE SKATE FOR 16 CONSIDERATION. 17 2. EVERY ICE SKATING FACILITY SHALL REQUIRE PERSONS LESS THAN FOURTEEN 18 YEARS OF AGE TO WEAR A PROTECTIVE HELMET WHILE ICE SKATING; PROVIDED, 19 HOWEVER, THAT ANY PERSON LESS THAN FOURTEEN YEARS OF AGE WHO UNDER THE 20 SUPERVISION OF A COACH IS PRACTICING FOR AN ORGANIZED FIGURE SKATING 21 COMPETITION OR IS PARTICIPATING IN SUCH COMPETITION SHALL NOT BE 22 REQUIRED TO WEAR A PROTECTIVE HELMET. 23 3. EVERY ICE SKATING FACILITY SHALL PROVIDE PROTECTIVE HELMETS TO 24 PERSONS LESS THAN FOURTEEN YEARS OF AGE AT A RENTAL FEE NOT TO EXCEED 25 THREE DOLLARS AND SHALL PROVIDE APPROPRIATE PROTECTIVE HELMET SAFETY 26 INFORMATION. 27 4. A KNOWING VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL 28 PENALTY NOT TO EXCEED FIFTY DOLLARS. 29 S 2. Subdivision 15 of section 206 of the public health law, as 30 amended by chapter 703 of the laws of 2004, is amended to read as 31 follows: 32 15. Notwithstanding any other provision of law to the contrary, the 33 commissioner is authorized to establish a statewide in-line skate, skate 34 board, ICE SKATE and bicycle helmet public education and awareness 35 program and a statewide in-line skate, skate board, ICE SKATE and bicy- 36 cle helmet distribution program. The purpose of the statewide in-line 37 skate, skate board, ICE SKATE and bicycle helmet public education and 38 awareness program is to provide a plan for the coordination of county, 39 city, town and village efforts to reduce in-line skate, skate board, ICE 40 SKATE and bicycle related injuries and fatalities. The purpose of the 41 statewide in-line skate, skate board, ICE SKATE and bicycle helmet 42 distribution program is to provide a plan for the coordination of coun- 43 ty, city, town and village efforts to distribute helmets to persons who 44 can demonstrate an economic hardship that precludes them from purchasing 45 such helmet. The commissioner shall make all necessary efforts to ensure 46 that an in-line skate, skate board, ICE SKATE and bicycle helmet 47 distribution program is instituted in each county of the state. The 48 commissioner is authorized to promulgate such rules and regulations as 49 may be necessary to implement the provisions of this subdivision. 50 S 3. This act shall take effect on the one hundred eightieth day after 51 it shall have become a law.