S T A T E O F N E W Y O R K
________________________________________________________________________
10054
I N A S S E M B L Y
May 2, 2024
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requirements
for the rental of helmets
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "safe helmet act".
§ 2. The general business law is amended by adding a new section 391-
cc to read as follows:
§ 391-CC. RENTAL OF HELMETS. 1. NO PERSON, CORPORATION, ASSOCIATION OR
PARTNERSHIP WHO RENTS HELMETS OR PROVIDES HELMETS TO CUSTOMERS AS PART
OF THEIR BUSINESS SHALL RENT OR PROVIDE A HELMET THAT HAS PREVIOUSLY
SUSTAINED AN IMPACT.
2. (A) (I) EVERY PERSON, CORPORATION, ASSOCIATION OR PARTNERSHIP WHO
RENTS HELMETS OR PROVIDES HELMETS TO CUSTOMERS AS PART OF THEIR BUSINESS
SHALL DIRECTLY INQUIRE FROM EVERY CUSTOMER ABOUT WHETHER ANY IMPACTS
HAVE BEEN SUSTAINED TO A RENTED OR PROVIDED HELMET UPON THE RETURN OF
SUCH HELMET.
(II) EVERY PERSON, CORPORATION, ASSOCIATION OR PARTNERSHIP WHO RENTS
HELMETS OR PROVIDES HELMETS TO CUSTOMERS AS PART OF THEIR BUSINESS SHALL
KEEP A WRITTEN RECORD OF EVERY NOTIFICATION OF AN IMPACT PROVIDED BY A
CUSTOMER PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(B) NO PERSON, CORPORATION, ASSOCIATION OR PARTNERSHIP WHO RENTS
HELMETS OR PROVIDES HELMETS TO CUSTOMERS AS PART OF THEIR BUSINESS
SHALL:
(I) CHARGE A CUSTOMER A FEE OR PENALTY IF A HELMET RENTED OR PROVIDED
TO SUCH CUSTOMER SUSTAINED AN IMPACT WHILE IN THE POSSESSION OF SUCH
CUSTOMER; OR
(II) PROVIDE A DISCOUNT OR INCENTIVE TO A CUSTOMER FOR RETURNING A
RENTED OR PROVIDED HELMET UNDAMAGED.
3. NO PERSON, CORPORATION, ASSOCIATION OR PARTNERSHIP WHO RENTS
HELMETS OR PROVIDES HELMETS TO CUSTOMERS AS PART OF THEIR BUSINESS SHALL
STORE A HELMET WHICH HAS SUSTAINED AN IMPACT WITH UNDAMAGED HELMETS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15322-02-4