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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08732-01-1

              

A. 5077                             2

APPEARANCE DATE FOR SUCH VIOLATION SUCH PERSON  PURCHASED  OR  RENTED  A
HELMET.
  (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.