New York State Assembly

 
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A03073 Summary:

A03073 Actions:

A03073 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:03/26/2024AYE/NAY:24/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
Norris
Aye
Lupardo
Aye
McDonough
Excused
Thiele
Aye
Miller
Aye
Simon
Aye
DeStefano
Aye
Williams
Aye
Durso
Aye
Fahy
Aye
Giglio
Aye
McMahon
Aye
McGowan
Aye
Darling
Aye
Slater
Aye
Wallace
Aye
Burgos
Aye
Gallagher
Aye
Mitaynes
Aye
Sillitti
Excused
De Los Santos
Aye
Cunningham
Aye
Alvarez
Aye
Shrestha
Aye
Shimsky
Aye

Committee:CODES   Chair:Dinowitz      
DATE:04/09/2024AYE/NAY:22/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Weprin
Aye
Curran
Aye
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Flood
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye
Bores
Aye

A03073 Floor Votes:

A03073 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3073--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, FAHY -- read once and referred to the
          Committee on Transportation -- recommitted to the Committee on  Trans-
          portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- reported and referred to the Committee  on  Codes
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          certain  persons  to wear a helmet when operating a class one or class
          two bicycle with electric assist
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 1238 of the vehicle and traffic law is amended by
     2  adding a new subdivision 5-d to read as follows:
     3    5-d. No person sixteen or seventeen years  of  age  shall  ride  upon,
     4  propel  or otherwise operate a class one bicycle with electric assist or
     5  a class two bicycle with electric assist unless such person is wearing a
     6  helmet meeting  standards  established  by  the  commissioner.  For  the
     7  purposes  of  this subdivision, wearing a helmet means having a properly
     8  fitting helmet fixed securely on the head of such wearer with the helmet
     9  straps securely fastened.
    10    § 2. Subdivision 6 of section 1238 of the vehicle and traffic law,  as
    11  amended  by  section  6 of part XX of chapter 58 of the laws of 2020, is
    12  amended to read as follows:
    13    6. (a) Any person who violates the  provisions  of  subdivision  five,
    14  five-a, five-b [or], five-c, or five-d of this section shall pay a civil
    15  fine not to exceed fifty dollars.
    16    (b) The court shall waive any fine for which a person who violates the
    17  provisions  of  subdivision  five [or subdivision], five-c, or five-d of
    18  this section would be liable if such  person  supplies  the  court  with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03090-03-4
        A. 3073--B                          2
 
     1  proof  that  between  the  date of violation and the appearance date for
     2  such violation such person purchased or rented a helmet.
     3    (c)  The  court may waive any fine for which a person who violates the
     4  provisions of subdivision five, five-a, five-b, [or] five-c,  or  five-d
     5  of  this  section would be liable if the court finds that due to reasons
     6  of economic hardship such person was unable to purchase a helmet or  due
     7  to such economic hardship such person was unable to obtain a helmet from
     8  the  statewide in-line skate and bicycle helmet distribution program, as
     9  established in section two hundred six of the public health  law,  or  a
    10  local  distribution  program. Such waiver of a fine shall not apply to a
    11  second or subsequent violation of subdivision five-c of this section.
    12    § 3. This act shall take effect  on the first of April next succeeding
    13  the date upon which it shall have become a law.  Effective  immediately,
    14  the  addition,  amendment and/or repeal of any rule or regulation neces-
    15  sary for the implementation of  this  act  on  its  effective  date  are
    16  authorized to be made and completed on or before such effective date.