Senate Bill S6985A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6985--A
     Cal. No. 184
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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-
 ccc to read as follows:
   § 391-CCC. 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 PREVIOUS-
 LY SUSTAINED AN IMPACT.   FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM
 "IMPACT"  SHALL  MEAN  ANY  COLLISION,  STRIKE,  FALL,  OR OTHER CONTACT
 BETWEEN A HELMET AND A SURFACE OR OTHER OBJECT  THAT  IS  SUFFICIENT  TO
 COMPROMISE  THE  STRUCTURAL  INTEGRITY  OF  SUCH  HELMET, WHETHER OR NOT
 DAMAGE IS VISIBLE.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09843-02-6
              

 S. 6985--A                          2
 
 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.
   4.  A  PERSON,  CORPORATION,  ASSOCIATION OR PARTNERSHIP THAT RENTS OR
 PROVIDES HELMETS TO CUSTOMERS AS PART OF THEIR  BUSINESS  SHALL  POST  A
 NOTICE  CLEARLY  VISIBLE  TO CUSTOMERS, AND PROVIDE TO SUCH CUSTOMERS AT
 THE TIME OF RENTAL, WITH A WRITTEN NOTICE,  PRINTED  OR  TYPED,  SETTING
 FORTH THE REQUIREMENTS PROVIDED UNDER THIS SECTION.
   5. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK, TO A  COURT  OR  JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER A COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT
 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.