NY State Senate Bill 2017-S6531

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Mar 22, 2018	advanced to third reading
Mar 21, 2018	2nd report cal.
Mar 20, 2018	1st report cal.698
Jan 03, 2018	referred to cities
Jun 06, 2017	reported and committed to rules
Jun 01, 2017	referred to cities

Votes

- Mar 20, 2018 - Committee Vote
  S6531
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 20, 2018
      
      aye (5)
      
      Akshar
      
      Avella
      
      Felder
      
      Funke
      
      Jacobs
      
      aye wr (2)
      
      Benjamin
      
      Persaud
  Jun 6, 2017 - Committee Vote
  S6531
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jun 6, 2017
      
      aye (6)
      
      Akshar
      
      Avella
      
      Felder
      
      Funke
      
      Jacobs
      
      Serrano
      
      aye wr (1)
      
      Persaud

2017-S6531 (ACTIVE) - Details

See Assembly Version of this Bill:: A8550
Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Add §10-157.2, NYC Ad Cd
Versions Introduced in 2019-2020 Legislative Session:: S695

2017-S6531 (ACTIVE) - Summary

Requires every person operating a bicycle in the city of New York to wear a helmet.

2017-S6531 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6531

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to requiring all persons operating a bicycle
to wear a helmet

 PURPOSE :

To require every person operating a bicycle in New York City to wear a
helmet.

 SUMMARY OF PROVISIONS :

Section one adds a new section 10-157.2 to the administrative code of
the city of New York requiring helmets for person operating a bicycle.

Part a defines the terms, bicycle, public highway, and wearing a
helmet.

Part b outlines where a person operating a bicycle is required to wear
a helmet.

Part c details the standards of which the helmet is required to meet.

Part d defines the penalty, which is a civil penalty not more than
fifty dollars.

Part e clarifies that for a person less than sixteen years of age, the
parent or guardian shall be liable for the violation.

Part f indicates that a failure to comply with this section shall not
constitute contributory negligence or assumption of risk.

Part g requires the department of health and mental hygiene to
distribute information explaining the hazards of operating a bicycle
without protective headgear.

Part h requires the police department and the department of parks and
recreation to enforce this section.

Section two is the enacting clause.

 JUSTIFICATION :

According to the Insurance Institute for Highway Safety, in a majority
of bicyclist deaths, the most serious injuries are to the head.
Helmet use has been estimated to reduce the odds of head injury by 50
percent, and the odds of head, face, or neck injury by 33 percent.

This is especially important in the City of New York because,
according to the National Highway Traffic Safety Administration, 71%
of bicyclist deaths occur in urban areas. It has been proven time and
time again that bicycle helmets saves lives. Requiring everyone who
operates a bicycle to wear a helmet is a simple and effective was to
save lives in New York City.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

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

2017-S6531 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6531
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2017
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to requiring all persons operating a bicycle to wear a helmet
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 10-157.2 to read as follows:
   § 10-157.2 HELMET REQUIREMENT FOR PERSONS OPERATING BICYCLES. A. DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (1)  THE  TERM "BICYCLE" SHALL MEAN A TWO OR THREE WHEELED DEVICE UPON
 WHICH A PERSON OR PERSONS MAY RIDE, PROPELLED BY HUMAN POWER  THROUGH  A
 BELT, A CHAIN OR GEARS, WITH SUCH WHEELS IN A TANDEM OR TRICYCLE.
   (2)  THE  TERM "PUBLIC HIGHWAY" MEANS ANY HIGHWAY, ROAD, STREET, ROAD-
 WAY, SIDEWALK, AVENUE, ALLEY, PUBLIC PLACE, PUBLIC DRIVEWAY OR ANY OTHER
 PUBLIC WAY.
   (3) THE TERM "WEARING A HELMET" MEANS HAVING  A  HELMET  OF  GOOD  FIT
 FASTENED SECURELY UPON THE HEAD WITH THE HELMET STRAPS.
   B.  THIS  SECTION IS APPLICABLE TO THE OPERATION OF A BICYCLE UPON ANY
 PUBLIC HIGHWAY OR ANY PRIVATE ROAD OPEN TO PUBLIC MOTOR VEHICLE TRAFFIC,
 AND WITHIN A PARK OR OTHER AREA UNDER THE JURISDICTION  OF  THE  COMMIS-
 SIONER OF PARKS AND RECREATION.
   C.  NO  PERSON SHALL OPERATE A BICYCLE UNLESS SUCH PERSON IS WEARING A
 HELMET MEETING THE STANDARDS OF THE AMERICAN NATIONAL  STANDARDS  INSTI-
 TUTE  (ANSI Z 90.4 BICYCLE HELMET STANDARDS), THE SNELL MEMORIAL FOUNDA-
 TION'S STANDARDS FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING, THE AMER-
 ICAN SOCIETY OF TESTING  AND  MATERIALS  (ASTM)  STANDARDS  FOR  BICYCLE
 HELMETS,  THE  SAFETY EQUIPMENT INSTITUTE STANDARDS FOR BICYCLE HELMETS,
 OR THE UNITED STATES CONSUMER PRODUCT SAFETY  COMMISSION  STANDARDS  FOR
 BICYCLE HELMETS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11867-01-7

 S. 6531                             2
 
   D.  IT  IS  A  TRAFFIC  INFRACTION  TO  VIOLATE THE PROVISIONS OF THIS
 SECTION PUNISHABLE, UPON CONVICTION, BY A CIVIL PENALTY OF NOT MORE THAN
 FIFTY DOLLARS. SUCH TRAFFIC INFRACTIONS SHALL BE HEARD AND DETERMINED IN
 ACCORDANCE WITH ARTICLE 2-A OF  THE  VEHICLE  AND  TRAFFIC  LAW.  FOR  A
 VIOLATION  OF THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS OF AGE, A
 HEARING OFFICER SHALL WAIVE THE CIVIL PENALTY FOR WHICH  THE  PARENT  OR
 GUARDIAN  OF  A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION WOULD
 BE LIABLE IF SUCH PARENT OR GUARDIAN SUPPLIES  PROOF  THAT  BETWEEN  THE
 DATE OF VIOLATION AND THE APPEARANCE DATE FOR SUCH VIOLATION SUCH PARENT
 OR  GUARDIAN PURCHASED OR RENTED A HELMET THAT MEETS THE REQUIREMENTS OF
 THIS SECTION. A HEARING OFFICER MAY WAIVE THE CIVIL  PENALTY  FOR  WHICH
 THE  PARENT  OR GUARDIAN OF A PERSON WHO VIOLATES THE PROVISIONS OF THIS
 SECTION WOULD BE LIABLE IF HE OR  SHE  FINDS  THAT  DUE  TO  REASONS  OF
 ECONOMIC HARDSHIP SUCH PARENT OR GUARDIAN WAS UNABLE TO PURCHASE OR RENT
 A  HELMET.  A WAIVER OF THE CIVIL PENALTY SHALL NOT APPLY TO A SECOND OR
 SUBSEQUENT CONVICTION UNDER THIS SECTION.
   E. THE PARENT OR GUARDIAN OF A PERSON LESS THAN SIXTEEN YEARS  OF  AGE
 SHALL BE LIABLE FOR A VIOLATION OF THIS SECTION BY SUCH PERSON LESS THAN
 SIXTEEN  YEARS  OF  AGE.  A SUMMONS FOR A VIOLATION OF THIS SECTION BY A
 PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL ONLY BE ISSUED TO THE PARENT
 OR GUARDIAN OF SUCH PERSON IF THE VIOLATION OCCURS IN  THE  PRESENCE  OF
 SUCH  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 SIXTEEN
 YEARS OF AGE.
   F. 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.
   G. THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE SHALL DISTRIBUTE INFOR-
 MATIONAL  MATERIALS THROUGH THE DEPARTMENT'S HEALTH INFORMATION PROGRAM,
 WHICH SHALL INCLUDE INFORMATION  EXPLAINING  THE  HAZARDS  OF  OPERATING
 BICYCLES  WITHOUT  PROTECTIVE  HEADGEAR.  THESE  INFORMATIONAL MATERIALS
 SHALL BE PRINTED IN MULTIPLE LANGUAGES AND SHALL BE  MADE  AVAILABLE  TO
 ANY MEMBER OF THE PUBLIC UPON REQUEST.
   H.  THE  POLICE  DEPARTMENT AND THE DEPARTMENT OF PARKS AND RECREATION
 SHALL ENFORCE THE PROVISIONS OF THIS SECTION.
   § 2.  This act shall take effect on the thirtieth day after  it  shall
 have become a law.

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Senate Bill S6531

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Mar 20, 2018 - Committee Vote

Committee Vote: Mar 20, 2018

Jun 6, 2017 - Committee Vote

Committee Vote: Jun 6, 2017

2017-S6531 (ACTIVE) - Details

2017-S6531 (ACTIVE) - Summary

2017-S6531 (ACTIVE) - Sponsor Memo

2017-S6531 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6531

Share this bill

Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S6531 (ACTIVE) - Details

2017-S6531 (ACTIVE) - Summary

2017-S6531 (ACTIVE) - Sponsor Memo

2017-S6531 (ACTIVE) - Bill Text download pdf

Comments