senate Bill S6546A

2011-2012 Legislative Session

Requires that persons less than eighteen years of age wear a helmet when riding a horse

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
amended 6546a
Apr 18, 2012 1st report cal.550
Feb 24, 2012 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6546 - Bill Details

See Assembly Version of this Bill:
A9366A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1265, V & T L; amd §396-dd, Gen Bus L

S6546 - Bill Texts

view summary

Requires that persons less than eighteen years of age wear a helmet when riding a horse; imposes a $250 fine for any violation.

view sponsor memo
BILL NUMBER:S6546

TITLE OF BILL:

An act to amend the vehicle and traffic law and the general business
law, in relation to requiring that persons less than eighteen years of
age wear a helmet when riding a horse

PURPOSE OR GENERAL IDEA OF BILL:

This legislation requires that persons less than eighteen years of age
wear a helmet when riding a horse.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. subdivision 1 of Section 1265 of the vehicle and traffic law
is amended to increase from 14 to 18 the age in which a person must wear
a helmet when riding a horse. Also amends Subdivision 2 of Section 1265
of the vehicle and traffic law to increase the amount of the civil fine
from $50 to $250 for violating the provisions of this act. Increases
from 14 to 18 the age in which a summons can be issued to a parent or
guardian for violating the provisions of this act.

Section 2. Subdivision 2 of Section 396-dd of the general business law,
as added by Chapter 455 of the Laws of 1999, is amended to increase from
14 to 18 the age in which a person must be provided with a helmet at no
cost beyond the rental fee by horse providers when riding a horse.

Section 3. Provides for an immediate effective date.

JUSTIFICATION:

Horseback riding is a popular recreational activity enjoyed by more than
30 million people in the United States. It has been estimated that 19
million people aged 16 years and older participating in riding activ-
ities. Horseback riding is the eighth leading cause of emergency room
treated, sports and recreation related injuries. Horseback riding has
been identified as a higher-risk activity than automobile racing, motor-
cycle riding, football and skiing. Injuries occur while riding or handl-
ing horses without discrimination for age or experience level. Approxi-
mately 70,000 people are treated in emergency rooms annually because of
equestrian-related injuries, while thousands more are treated in physi-
cians' offices. Head injuries account for approximately 60% of deaths
resulting from equestrian accidents.

Wearing a helmet can significantly reduce chances of sustaining serious
injury. One of the most important pieces of safety equipment is a prop-
erly fitting helmet in order to absorb the impact to the head, provide
cushioning to the skull and reduce jarring of the brain against the
skull. The New England Journal of Medicine has reported that wearing
helmets reduces head and brain injuries by 85% and the Equestrian

Medical Safety Association strongly recommends the wearing of a properly
fitted ASTM/SEI certified equestrian helmet with the harness secured
during equestrian activities.

While New York State was one of the first states to adopt a helmet law
protecting children, the current law does not adequately protect all
children. Currently only children fourteen years of age and under are
required to wear a helmet. Changing the age to eighteen years of age
would further protect our children, prevent serious injuries, and help
save lives.

In 2009 the State of Florida passed "Nicole's Law" requiring children
sixteen years of age and under to wear a helmet. "Nicole's Law" was
named after Nicole Hornstein, the 12 year old daughter of a Southampton,
New York native who now resides back in New York. Nicole died after
suffering brain injuries after falling off a horse while not wearing a
helmet. Other states like Delaware are introducing and have passed simi-
lar strengthened helmet laws.

PRIOR LEGISLATIVE HISTORY:

New Legislation, 2012

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect immediately.

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

    S. 6546                                                  A. 9366

                      S E N A T E - A S S E M B L Y

                            February 24, 2012
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Transportation

AN  ACT  to  amend  the vehicle and traffic law and the general business
  law, in relation to requiring that persons less than eighteen years of
  age wear a helmet when riding a horse

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  1  and 2 of section 1265 of the vehicle and
traffic law, as added by chapter 455 of the laws of 1999, are amended to
read as follows:
  1. No person less than [fourteen] EIGHTEEN years of age shall  ride  a
horse  unless  such person is wearing a helmet meeting or exceeding ASTM
F1163 (Safety Equipment Institute certified)  Equestrian  Standard.  For
purposes  of  this  section,  "certified"  shall  mean that the helmet's
manufacturer agrees to  the  rules  and  provisions  of  a  system  that
includes  independent  testing and quality control audits, and that each
helmet manufactured by such manufacturer is permanently marked with  the
certifying  body's registered mark or logo before such helmet is sold or
offered for sale. For the purposes of this  section,  wearing  a  helmet
means having a helmet fastened securely upon the head using the manufac-
turer's fitting guidelines for the particular model used.
  2.  Any person who violates the provisions of this section shall pay a
civil fine not to exceed TWO HUNDRED fifty  dollars.  A  police  officer
shall  only  issue a summons for a violation of this section by a person
less than [fourteen] EIGHTEEN 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] EIGHTEEN years of age.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14194-02-2

S. 6546                             2                            A. 9366

  S 2. Subdivision 2 of section 396-dd of the general business  law,  as
added by chapter 455 of the laws of 1999, is amended to read as follows:
  2.  Every horse provider shall provide protective helmets to beginning
riders and to riders less than [fourteen] EIGHTEEN years of  age  at  no
cost  beyond the rental fee; offer all riders the use of such protective
helmets regardless of their age or experience; and  provide  appropriate
helmet safety information to all riders.
  S 3. This act shall take effect immediately.

Co-Sponsors

S6546A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9366A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1265, V & T L; amd §396-dd, Gen Bus L

S6546A (ACTIVE) - Bill Texts

view summary

Requires that persons less than eighteen years of age wear a helmet when riding a horse; imposes a $250 fine for any violation.

view sponsor memo
BILL NUMBER:S6546A

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the general business law, in
relation to requiring that persons less than eighteen years of age wear a
helmet when riding a horse

PURPOSE:
Requires that persons less than eighteen years of age wear a helmet
when riding a horse.

SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of Section 1265 of the vehicle and traffic
law is amended to increase from 14 to 18 the age in which a person
must wear a helmet when riding a horse. Also amends subdivision 2 of
Section 1265 of the vehicle and traffic law to increase the maximum
amount of the civil fine from $50 to $250 for violating the
provisions of this act. Increases from 14 to 18 the age in which a
summons can be issued to a parent or guardian for violating the
provisions of this act.

Section 2. Subdivision 2 of Section 396-dd of the general business
law, as added by Chapter 455 of the Laws of 1999, is amended to
increase from 14 to 18 the age in which a person must be provided
with a helmet at no cost beyond the rental fee by horse providers
when riding a horse.
Also amends subdivision 4 of section 396-dd of the general business
law to increase the maximum amount of the civil fine from $50 to $250.

JUSTIFICATION:
Horseback riding is a popular recreational activity enjoyed by more
than 30 million people in the United States. It has been estimated
that 19 million people aged 16 years and older participating in
riding activities. Horseback riding is the eighth leading case of
emergency room treated, sports and recreation related injuries.
Horseback riding has been identified as a higher-risk activity than
automobile racing, motorcycle riding, football and skiing. Injuries
occur while riding or handling horses without discrimination for age
or experience level. Approximately 70,000 people are treated in
emergency rooms annually because of equestrian-related injuries,
while thousands more are treated in physicians' offices. Head
injuries account for approximately 60% of deaths resulting from
equestrian accidents.

Wearing a helmet can significantly reduce chances of sustaining
serious injury. One of the most important pieces of safety equipment
is a properly fitting helmet in order to absorb the impact to
the head, provide cushioning to the skull and reduce jarring of the
brain against the skull. The New England Journal of Medicine has
reported that wearing helmets reduces head and brain injuries by 85%

and the Equestrian Medical Safety Association strongly recommends the
wearing of a properly fitted ASTM/SEI certified equestrian helmet
with the harness secured during equestrian activities.

While New York State was one of the first states to adopt a helmet law
protecting children, the current law does not adequately protect all
children. Currently, only children fourteen years of age and under
are required to wear a helmet. Changing the age to eighteen years of
age would further protect our children, prevent serious injuries and
help save lives.

In 2009, the State of Florida passed "Nicole's Law" requiring children
sixteen years of age and under to wear a helmet. "Nicole's Law' was
named after Nicole Hornstein, the 12 year old daughter of a
Southampton, New York native. Nicole died after suffering brain
injuries after falling off a horse while not wearing a helmet. Other
states like Delaware are introducing and have passes similar
strengthened helmet laws.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6546--A                                            A. 9366--A
    Cal. No. 550

                      S E N A T E - A S S E M B L Y

                            February 24, 2012
                               ___________

IN  SENATE  --  Introduced  by  Sens.  LAVALLE, AVELLA -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation  --  reported favorably from said committee, ordered to
  first report, amended on first report, ordered to a second report  and
  ordered reprinted, retaining its place in the order of second report

IN  ASSEMBLY -- Introduced by M. of A. THIELE, SWEENEY, RAIA, MONTESANO,
  LOSQUADRO, FINCH -- Multi-Sponsored by -- M. of A.  BOYLAND,  BRENNAN,
  CALHOUN,  GOTTFRIED,  MARKEY,  McKEVITT,  P. RIVERA  --  read once and
  referred to the Committee on Transportation --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the vehicle and traffic law  and  the  general  business
  law, in relation to requiring that persons less than eighteen years of
  age wear a helmet when riding a horse

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 2 of section 1265  of  the  vehicle  and
traffic law, as added by chapter 455 of the laws of 1999, are amended to
read as follows:
  1.  No  person less than [fourteen] EIGHTEEN years of age shall ride a
horse unless such person is wearing a helmet meeting or  exceeding  ASTM
F1163  (Safety  Equipment  Institute certified) Equestrian Standard. For
purposes of this section,  "certified"  shall  mean  that  the  helmet's
manufacturer  agrees  to  the  rules  and  provisions  of  a system that
includes independent testing and quality control audits, and  that  each
helmet  manufactured by such manufacturer is permanently marked with the
certifying body's registered mark or logo before such helmet is sold  or
offered  for  sale.  For  the purposes of this section, wearing a helmet
means having a helmet fastened securely upon the head using the manufac-
turer's fitting guidelines for the particular model used.
  2. Any person who violates the provisions of this section shall pay  a
civil  fine  not  to  exceed TWO HUNDRED fifty dollars. A police officer
shall only issue a summons for a violation of this section by  a  person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14194-03-2

S. 6546--A                          2                         A. 9366--A

less  than [fourteen] EIGHTEEN 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] EIGHTEEN years of age.
  S 2. Subdivisions 2 and 4 of section 396-dd of  the  general  business
law, as added by chapter 455 of the laws of 1999, are amended to read as
follows:
  2.  Every horse provider shall provide protective helmets to beginning
riders and to riders less than [fourteen] EIGHTEEN years of  age  at  no
cost  beyond the rental fee; offer all riders the use of such protective
helmets regardless of their age or experience; and  provide  appropriate
helmet safety information to all riders.
  4.  A  knowing  violation  of this section shall be subject to a civil
penalty not to exceed TWO HUNDRED fifty dollars for each such violation.
  S 3. This act shall take effect immediately.

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