S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5792

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by  M.  of  A.  HAYES, KOLB -- read once and referred to the
  Committee on Tourism, 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:

  Section 1. Section 398-d of the general  business  law  is  renumbered
section  398-f and two new sections 398-d and 398-e are added to read as
follows:
  S 398-D. WEARING OF HELMET REQUIRED WHILE ICE SKATING.  1.  NO  PERSON
LESS  THAN  FOURTEEN  YEARS OF AGE SHALL ICE SKATE UNLESS SUCH PERSON IS
WEARING A PROTECTIVE HELMET; PROVIDED, HOWEVER,  THAT  ANY  PERSON  LESS
THAN FOURTEEN YEARS OF AGE WHO UNDER THE SUPERVISION OF A COACH IS PRAC-
TICING  FOR  AN ORGANIZED FIGURE SKATING COMPETITION OR IS PARTICIPATING
IN SUCH COMPETITION SHALL NOT BE REQUIRED TO WEAR A  PROTECTIVE  HELMET.
FOR THE PURPOSES OF THIS SECTION, WEARING A HELMET MEANS HAVING A HELMET
FASTENED  SECURELY UPON THE HEAD USING THE MANUFACTURER'S FITTING GUIDE-
LINES FOR THE PARTICULAR MODEL USED.
  2. ANY PERSON WHO VIOLATES THE PROVISION OF THIS SECTION SHALL  PAY  A
CIVIL  FINE  NOT  TO  EXCEED  FIFTY DOLLARS. A POLICE OFFICER SHALL ONLY
ISSUE A SUMMONS FOR A VIOLATION OF THIS SECTION BY A  PERSON  LESS  THAN
FOURTEEN  YEARS  OF  AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE
VIOLATION BY SUCH PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S  PARENT
OR  GUARDIAN  AND WHERE SUCH PARENT OR GUARDIAN IS EIGHTEEN YEARS OF AGE
OR MORE. SUCH SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT  OR  GUARDIAN,
AND SHALL NOT BE ISSUED TO THE PERSON LESS THAN FOURTEEN YEARS OF AGE.
  3.  (A)  THE  COURT  SHALL WAIVE ANY CIVIL FINE FOR WHICH A PERSON WHO
VIOLATES THE PROVISIONS OF THIS SECTION WOULD BE LIABLE IF  SUCH  PERSON
SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION AND THE
APPEARANCE  DATE  FOR  SUCH  VIOLATION SUCH PERSON PURCHASED OR RENTED A
HELMET.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07563-01-9
              

A. 5792                             2

  (B) THE COURT MAY WAIVE ANY CIVIL FINE FOR WHICH A PERSON WHO VIOLATES
THE PROVISIONS OF THIS SECTION WOULD BE LIABLE IF THE COURT  FINDS  THAT
DUE TO REASONS OF ECONOMIC HARDSHIP SUCH PERSON WAS UNABLE TO PURCHASE A
HELMET.
  4.  THE  FAILURE  OF  ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS
SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE  OR  ASSUMPTION  OF
RISK,  AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR
PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
  S 398-E. ICE SKATING FACILITY; RENTING OF HELMETS. 1. FOR THE PURPOSES
OF THIS SECTION, "ICE SKATING FACILITY" SHALL MEAN ANY PERSON,  PROPRIE-
TOR, LESSEE, FIRM, CORPORATION, MUNICIPALITY OR OTHER LEGAL ENTITY OPER-
ATING  AN  ICE  SKATING  RINK WHICH PROVIDES FACILITIES TO ICE SKATE FOR
CONSIDERATION.
  2. EVERY ICE SKATING FACILITY SHALL REQUIRE PERSONS LESS THAN FOURTEEN
YEARS OF AGE TO WEAR A PROTECTIVE HELMET WHILE  ICE  SKATING;  PROVIDED,
HOWEVER,  THAT  ANY PERSON LESS THAN FOURTEEN YEARS OF AGE WHO UNDER THE
SUPERVISION OF A COACH IS PRACTICING FOR  AN  ORGANIZED  FIGURE  SKATING
COMPETITION  OR  IS  PARTICIPATING  IN  SUCH  COMPETITION  SHALL  NOT BE
REQUIRED TO WEAR A PROTECTIVE HELMET.
  3. EVERY ICE SKATING FACILITY  SHALL  PROVIDE  PROTECTIVE  HELMETS  TO
PERSONS  LESS  THAN  FOURTEEN YEARS OF AGE AT A RENTAL FEE NOT TO EXCEED
THREE DOLLARS AND SHALL PROVIDE  APPROPRIATE  PROTECTIVE  HELMET  SAFETY
INFORMATION.
  4.  A  KNOWING  VIOLATION  OF THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY NOT TO EXCEED FIFTY DOLLARS.
  S 2. Subdivision 15 of section  206  of  the  public  health  law,  as
amended  by  chapter  703  of  the  laws  of 2004, is amended to read as
follows:
  15. Notwithstanding any other provision of law to  the  contrary,  the
commissioner is authorized to establish a statewide in-line skate, skate
board,  ICE  SKATE  and  bicycle  helmet  public education and awareness
program and a statewide in-line skate, skate board, ICE SKATE and  bicy-
cle  helmet  distribution  program. The purpose of the statewide in-line
skate, skate board, ICE SKATE and bicycle helmet  public  education  and
awareness  program  is to provide a plan for the coordination of county,
city, town and village efforts to reduce in-line skate, skate board, ICE
SKATE and bicycle related injuries and fatalities. The  purpose  of  the
statewide  in-line  skate,  skate  board,  ICE  SKATE and bicycle helmet
distribution program is to provide a plan for the coordination of  coun-
ty,  city, town and village efforts to distribute helmets to persons who
can demonstrate an economic hardship that precludes them from purchasing
such helmet. The commissioner shall make all necessary efforts to ensure
that an in-line  skate,  skate  board,  ICE  SKATE  and  bicycle  helmet
distribution  program  is  instituted  in  each county of the state. The
commissioner is authorized to promulgate such rules and  regulations  as
may be necessary to implement the provisions of this subdivision.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.