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
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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.