Making it one step closer to becoming state law, the New York State Assembly recently passed legislation sponsored by Senator Fuschillo to require children throughout the state under the age of 14 to wear a helmet while using a scooter. The Senate has already approved the measure and it will now be sent to Governor Pataki to enact into law.

"Passage of my legislation in both the Senate and Assembly and with Governor Pataki's anticipated support, brings us closer to helping prevent thousands of head injuries and even death among children throughout the state," Fuschillo said.

According to Fuschillo, his legislation would amend the current bicycle law to require all children under the age of 14 to wear a helmet when operating a scooter. The child's parent or legal guardian can face a fine of up to $50 if they are present at the time of the violation. First-time offenders will receive a warning. A court may waive the fine for a violation due to economic hardship or if proof is shown that a helmet was purchased between the time of the violation and the court appearance.

"Fuschillo's legislation would give us an opportunity to take a proactive role in protecting our children," said Lucille Weinstein, MD, MPH, medical coordinator of Injury Prevention and Control at Winthrop-University Hospital in Mineola. "As children head outdoors to enjoy their scooters, we can expect to see an increase in scooter-related injuries. Protective gear can prevent or reduce the severity of more than 60 percent of these injuries."

"Expanding the bicycle helmet law to include scooters is significantly important due to out of proportion hospitalizations for children who injure themselves on scooters," said James W. Reed, coordinator, Nassau County Traffic Safety Board. "Head injuries are the leading cause of death to children."

According to the US Consumer Product Safety Commission (CPSC), throughout the nation in 2000 there were more than 9,400 scooter injuries. Most of those injuries were to kids under the age of 15 who fell off their scooters with 29 percent of their injuries to the head and face.

In an effort to help prevent tragic deaths and serious injuries in schools, legislation sponsored by Senator Fuschillo that would help improve the safety of school gyms and auditoriums with electrically operated partitions passed both the New York state Senate and Assembly.

According to Fuschillo, this legislation would require electronically operated partitions or room dividers be installed with safety devices that would stop the forward motion of the partition when a child or person passes between the partition and the wall. The types of safety devices would be established by the Commissioner of Education who would also prescribe a special cost allowance for the safety devices.

On Jan. 29, a 12-year-old Ithaca boy was tragically killed when he attempted to walk around a closing electronically operated gym partition. This tragic death occurred despite a 1992 state law mandating each school set up partition-related safety protocols. That law was enacted following the accidental death of a 9-year-old Deana Moon of Melville in the hope of preventing such a death from happening again.

"Current law requiring just safety protocols is obviously not enough and more action needs to be initiated to further protect children from any potential danger an electronic partition may pose," said Fuschillo, member of the Senate Education Committee. "Requiring all electronic partitions in schools to be equipped with safety devices will help to further prevent tragic death and serious injuries."