NY State Senate Bill 2017-S8271A

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2018	print number 8271a
May 31, 2018	amend and recommit to transportation
Apr 25, 2018	referred to transportation

Bill Amendments

Original

A (Active)

2017-S8271 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1238, V & T L

2017-S8271 - Summary

Requires operators of bicycles who are under 18 years of age to wear protective headgear.

2017-S8271 - Sponsor Memo

                                
 
BILL NUMBER: S8271

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to required
protective headgear for operators of bicycles under eighteen years of
age

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require that operators and passengers of bicycles who
are under 18 years of age to wear protective headgear.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Vehicle and Traffic law section 1238 to
require passengers and operators of bicycles under eighteen years of age
to wear protective headgear.

Section two provides that this act shall take effect on the sixtieth day

after it has become a law.

 
JUSTIFICATION:

Bicycle helmets are crucial to the safety and well-being of youth in New
York State. Every year, an estimated 550,000 people are treated in emer-
gency rooms for bike-related incidents. Of the 469 bicyclists killed in
2012, 60% of them were not wearing helmets. However, New York State only
requires that those aged 1 through 13 must wear helmets while riding a
bicycle. Bicycle accidents can cause an array of medical problems while
those to the brain being the most threatening. Adolescent brains are the
most susceptible to injury and cause problems that are prevalent
throughout an individual's lifetime. According to the Brain Injury Asso-
ciation of America, brain injury in adolescents leads to cognitive
impairments such as short term memory deficits, slowness of thinking,
limited attention span, and perception impairment.

Bicycle helmets have proven to save lives and prevent life-altering
brain injuries. New York State must seek to protect those who are most
vulnerable. By requiring those under the age of 18 to wear helmets while
riding bicycles, New York will prevent unnecessary and avoidable injury.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2017-S8271 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8271
 
                             I N  S E N A T E
 
                              April 25, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  required
   protective  headgear for operators of bicycles under eighteen years of
   age
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading, paragraphs (a) and (b) of subdivision
 5, and subdivision 9 of section 1238 of the vehicle and traffic law, the
 section heading as amended by chapter 267 of the  laws  of  1993,  para-
 graphs  (a)  and  (b)  of subdivision 5 as amended by chapter 457 of the
 laws of 1999 and subdivision 9 as amended by chapter 703 of the laws  of
 2004, are amended to read as follows:
   Passengers  on  bicycles  under one year of age prohibited; passengers
 and operators under [fourteen] EIGHTEEN years of age to wear  protective
 headgear.
   (a)  No  person  operating a bicycle shall allow a person five or more
 years of age and less than [fourteen] EIGHTEEN years of age to ride as a
 passenger on a bicycle unless such passenger is wearing a helmet meeting
 standards established by the commissioner.
   (b) No person, one or more years of age and less than [fourteen] EIGH-
 TEEN years of age, shall operate a bicycle unless such person is wearing
 a helmet meeting standards established by the commissioner.
   9. (A) Subdivisions [five,] five-a, five-b, and six  of  this  section
 shall  not  be  applicable to any county, city, town or village that has
 enacted a local law or ordinance prior to the  effective  date  of  this
 subdivision  that prohibits a person who is one or more years of age and
 less than [fourteen] EIGHTEEN years of age from operating a  bicycle  or
 skating  or gliding on in-line skates or a skate board without wearing a
 bicycle helmet meeting the standards of the American National  Standards
 Institute  (Ansi  Z  90.4  bicycle helmet standards), the Snell Memorial
 Foundation's Standards for Protective Headgear for use in Bicycling,  or
 the  American Society of Testing and Materials (ASTM) bike helmet stand-
 ards, or that prohibits a person operating a  bicycle  from  allowing  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15561-01-8

 S. 8271                             2
 
 person five or more years of age and less than [fourteen] EIGHTEEN years
 of  age  to  ride  as  a passenger on a bicycle unless such passenger is
 wearing a bicycle helmet that meets such standards. The failure  of  any
 person  to comply with any such local law or ordinance shall not consti-
 tute 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. The legislative body of a
 county, city, town or village may enact a local law  or  ordinance  that
 prohibits  a person who is fourteen or more years of age from skating or
 gliding on in-line skates, OR operating a skate board[, or operating  or
 riding as a passenger on a bicycle] without wearing a bicycle helmet.
   (B)  SUBDIVISIONS FIVE AND SIX OF THIS SECTION SHALL NOT BE APPLICABLE
 TO ANY COUNTY, CITY, TOWN OR VILLAGE THAT HAS ENACTED  A  LOCAL  LAW  OR
 ORDINANCE PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH THAT PROHIBITS A
 PERSON  WHO  IS ONE OR MORE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF
 AGE FROM OPERATING A BICYCLE WITHOUT WEARING A  BICYCLE  HELMET  MEETING
 THE  STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI Z 90.4
 BICYCLE HELMET STANDARDS), THE SNELL MEMORIAL FOUNDATION'S STANDARDS FOR
 PROTECTIVE HEADGEAR FOR USE IN BICYCLING, OR  THE  AMERICAN  SOCIETY  OF
 TESTING  AND MATERIALS (ASTM) BIKE HELMET STANDARDS, OR THAT PROHIBITS A
 PERSON OPERATING A BICYCLE FROM ALLOWING A PERSON FIVE OR MORE YEARS  OF
 AGE  AND  LESS  THEN  EIGHTEEN  YEARS OF AGE TO RIDE AS A PASSENGER ON A
 BICYCLE UNLESS SUCH PASSENGER IS WEARING A  BICYCLE  HELMET  THAT  MEETS
 SUCH  STANDARDS. THE FAILURE OF ANY PERSON TO COMPLY WITH ANY SUCH LOCAL
 LAW OR ORDINANCE SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMP-
 TION 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. THE LEGISLATIVE BODY OF A COUNTY, CITY, TOWN OR VILLAGE MAY
 ENACT A LOCAL LAW OR ORDINANCE THAT PROHIBITS A PERSON WHO  IS  EIGHTEEN
 OR  MORE YEARS OF AGE FROM OPERATING OR RIDING AS A PASSENGER ON A BICY-
 CLE WITHOUT WEARING A BICYCLE HELMET.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

2017-S8271A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1238, V & T L

2017-S8271A (ACTIVE) - Summary

Requires operators of bicycles who are under 18 years of age to wear protective headgear.

2017-S8271A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8271A

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to required
protective headgear for operators of bicycles under eighteen years of
age

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require that operators and passengers of bicycles who
are under 18 years of age to wear protective headgear.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Vehicle and Traffic law section 1238 to
require passengers and operators of bicycles under eighteen years of age
to wear protective headgear.

Section two provides that this act shall take effect on the sixtieth day

after it has become a law.

 
JUSTIFICATION:

Bicycle helmets are crucial to the safety and well-being of youth in New
York State. Every year, an estimated 550,000 people are treated in emer-
gency rooms for bike-related incidents. Of the 469 bicyclists killed in
2012, 60% of them were not wearing helmets. However, New York State only
requires that those aged 1 through 13 must wear helmets while riding a
bicycle. Bicycle accidents can cause an array of medical problems while
those to the brain being the most threatening. Adolescent brains are the
most susceptible to injury and cause problems that are prevalent
throughout an individual's lifetime. According to the Brain Injury Asso-
ciation of America, brain injury in adolescents leads to cognitive
impairments such as short term memory deficits, slowness of thinking,
limited attention span, and perception impairment.

Bicycle helmets have proven to save lives and prevent life-altering
brain injuries. New York State must seek to protect those who are most
vulnerable. By requiring those under the age of 18 to wear helmets while
riding bicycles, New York will prevent unnecessary and avoidable injury.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2017-S8271A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8271--A
 
                             I N  S E N A T E
 
                              April 25, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  required
   protective  headgear for operators of bicycles under eighteen years of
   age

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading, paragraphs (a) and (b) of subdivision
 5, and subdivision 9 of section 1238 of the vehicle and traffic law, the
 section heading as amended by chapter 267 of the  laws  of  1993,  para-
 graphs  (a)  and  (b)  of subdivision 5 as amended by chapter 457 of the
 laws of 1999 and subdivision 9 as amended by chapter 703 of the laws  of
 2004, are amended to read as follows:
   Passengers  on  bicycles  under one year of age prohibited; passengers
 and operators under [fourteen] EIGHTEEN years of age to wear  protective
 headgear.
   (a)  No  person  operating a bicycle shall allow a person five or more
 years of age and less than [fourteen] EIGHTEEN years of age to ride as a
 passenger on a bicycle unless such passenger is wearing a helmet meeting
 standards established by the commissioner.
   (b) No person, one or more years of age and less than [fourteen] EIGH-
 TEEN years of age, shall operate a bicycle unless such person is wearing
 a helmet meeting standards established by the commissioner.
   9. (A) Subdivisions [five,] five-a, five-b, and six  of  this  section
 shall  not  be  applicable to any county, city, town or village that has
 enacted a local law or ordinance prior to the  effective  date  of  this
 subdivision  that prohibits a person who is one or more years of age and
 less than [fourteen] EIGHTEEN years of age from operating a  bicycle  or
 skating  or gliding on in-line skates or a skate board without wearing a
 bicycle helmet meeting the standards of the American National  Standards
 Institute  (Ansi  Z  90.4  bicycle helmet standards), the Snell Memorial
 Foundation's Standards for Protective Headgear for use in Bicycling,  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15561-02-8

 S. 8271--A                          2
 
 the  American Society of Testing and Materials (ASTM) bike helmet stand-
 ards, or that prohibits a person operating a  bicycle  from  allowing  a
 person five or more years of age and less than [fourteen] EIGHTEEN years
 of  age  to  ride  as  a passenger on a bicycle unless such passenger is
 wearing a bicycle helmet that meets such standards. The failure  of  any
 person  to comply with any such local law or ordinance shall not consti-
 tute 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. The legislative body of a
 county, city, town or village may enact a local law  or  ordinance  that
 prohibits  a person who is fourteen or more years of age from skating or
 gliding on in-line skates, OR operating a skate board[, or operating  or
 riding as a passenger on a bicycle] without wearing a bicycle helmet.
   (B)  SUBDIVISIONS FIVE AND SIX OF THIS SECTION SHALL NOT BE APPLICABLE
 TO ANY COUNTY, CITY, TOWN OR VILLAGE THAT HAS ENACTED  A  LOCAL  LAW  OR
 ORDINANCE PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH THAT PROHIBITS A
 PERSON  WHO  IS ONE OR MORE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF
 AGE FROM OPERATING A BICYCLE WITHOUT WEARING A  BICYCLE  HELMET  MEETING
 THE  STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI Z 90.4
 BICYCLE HELMET STANDARDS), THE SNELL MEMORIAL FOUNDATION'S STANDARDS FOR
 PROTECTIVE HEADGEAR FOR USE IN BICYCLING, OR  THE  AMERICAN  SOCIETY  OF
 TESTING  AND MATERIALS (ASTM) BIKE HELMET STANDARDS, OR THAT PROHIBITS A
 PERSON OPERATING A BICYCLE FROM ALLOWING A PERSON FIVE OR MORE YEARS  OF
 AGE  AND  LESS  THEN  EIGHTEEN  YEARS OF AGE TO RIDE AS A PASSENGER ON A
 BICYCLE UNLESS SUCH PASSENGER IS WEARING A  BICYCLE  HELMET  THAT  MEETS
 SUCH  STANDARDS. THE FAILURE OF ANY PERSON TO COMPLY WITH ANY SUCH LOCAL
 LAW OR ORDINANCE SHALL NOT CONSTITUTE CULPABLE CONDUCT, 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 BE USED TO
 MITIGATE  OR  DIMINISH  THE  DAMAGES RECOVERABLE IN ANY SUCH ACTION. THE
 LEGISLATIVE BODY OF A COUNTY, CITY, TOWN OR VILLAGE MAY  ENACT  A  LOCAL
 LAW  OR  ORDINANCE THAT PROHIBITS A PERSON WHO IS EIGHTEEN OR MORE YEARS
 OF AGE FROM OPERATING OR RIDING AS A  PASSENGER  ON  A  BICYCLE  WITHOUT
 WEARING A BICYCLE HELMET.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S8271A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2017-S8271 - Details

2017-S8271 - Summary

2017-S8271 - Sponsor Memo

2017-S8271 - Bill Text download pdf

2017-S8271A (ACTIVE) - Details

2017-S8271A (ACTIVE) - Summary

2017-S8271A (ACTIVE) - Sponsor Memo

2017-S8271A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2017-S8271 - Details

2017-S8271 - Summary

2017-S8271 - Sponsor Memo

2017-S8271 - Bill Text download pdf

2017-S8271A (ACTIVE) - Details

2017-S8271A (ACTIVE) - Summary

2017-S8271A (ACTIVE) - Sponsor Memo

2017-S8271A (ACTIVE) - Bill Text download pdf

Comments