senate Bill S2007

Signed By Governor
2013-2014 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 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 signed chap.246
Jul 19, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.688
substituted for a1890
referred to codes
Jun 20, 2013 delivered to assembly
passed senate
Jun 04, 2013 advanced to third reading
Jun 03, 2013 2nd report cal.
May 30, 2013 1st report cal.825
Jan 09, 2013 referred to transportation

Votes

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Co-Sponsors

S2007 - Bill Details

See Assembly Version of this Bill:
A1890
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1265, V & T L; amd §396-dd, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6546A, A9366A

S2007 - Bill Texts

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

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BILL NUMBER:S2007

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 passed similar
strengthened helmet laws.

LEGISLATIVE HISTORY: 2012 S.6546A.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

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

    S. 2007                                                  A. 1890

                       2013-2014 Regular Sessions

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

                               (PREFILED)

                             January 9, 2013
                               ___________

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, SWEENEY, RAIA,  MONTESANO,
  LOSQUADRO,  FINCH  -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN,
  GOTTFRIED, MARKEY, McKEVITT -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03504-01-3

S. 2007                             2                            A. 1890

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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