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