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S06985 Summary:

BILL NOS06985A
 
SAME ASSAME AS A05822-A
 
SPONSORMAY
 
COSPNSR
 
MLTSPNSR
 
Add §391-ccc, Gen Bus L
 
Prohibits any person, corporation, association or partnership who rents helmets or provides helmets to customers as part of their business from renting or providing a helmet that has sustained an impact.
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S06985 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6985--A
            Cal. No. 184
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     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:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "safe helmet act".
     3    §  2. The general business law is amended by adding a new section 391-
     4  ccc to read as follows:
     5    § 391-ccc. Rental of helmets. 1. No person,  corporation,  association
     6  or  partnership  who  rents  helmets or provides helmets to customers as
     7  part of their business shall rent or provide a helmet that has previous-
     8  ly sustained an impact.   For the purposes of  this  section,  the  term
     9  "impact"  shall  mean  any  collision,  strike,  fall,  or other contact
    10  between a helmet and a surface or other object  that  is  sufficient  to
    11  compromise  the  structural  integrity  of  such  helmet, whether or not
    12  damage is visible.
    13    2. (a) (i) Every person, corporation, association or  partnership  who
    14  rents helmets or provides helmets to customers as part of their business
    15  shall  directly  inquire  from  every customer about whether any impacts
    16  have been sustained to a rented or provided helmet upon  the  return  of
    17  such helmet.
    18    (ii)  Every  person, corporation, association or partnership who rents
    19  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
 
     1  keep a written record of every notification of an impact provided  by  a
     2  customer pursuant to subparagraph (i) of this paragraph.
     3    (b)  No  person,  corporation,  association  or  partnership who rents
     4  helmets or provides helmets to  customers  as  part  of  their  business
     5  shall:
     6    (i)  charge a customer a fee or penalty if a helmet rented or provided
     7  to such customer sustained an impact while in  the  possession  of  such
     8  customer; or
     9    (ii)  provide  a  discount  or incentive to a customer for returning a
    10  rented or provided helmet undamaged.
    11    3. No  person,  corporation,  association  or  partnership  who  rents
    12  helmets or provides helmets to customers as part of their business shall
    13  store a helmet which has sustained an impact with undamaged helmets.
    14    4.  A  person,  corporation,  association or partnership that rents or
    15  provides helmets to customers as part of their  business  shall  post  a
    16  notice  clearly  visible  to customers, and provide to such customers at
    17  the time of rental, with a written notice,  printed  or  typed,  setting
    18  forth the requirements provided under this section.
    19    5. Whenever there shall be a violation of this section, an application
    20  may  be  made  by  the attorney general in the name of the people of the
    21  state of New York, to a  court  or  justice  having  jurisdiction  by  a
    22  special  proceeding  to  issue  an  injunction,  and  upon notice to the
    23  defendant of not less than five days, to enjoin and restrain the contin-
    24  uance of such violation; and if it shall appear to the  satisfaction  of
    25  the  court  or  justice  that  the defendant has, in fact, violated this
    26  section, an injunction may be issued by the court or justice,  enjoining
    27  and restraining any further violations, without requiring proof that any
    28  person  has,  in fact, been injured or damaged thereby. Whenever a court
    29  shall determine that a violation of this section has occurred, the court
    30  may impose a civil penalty of not more than one hundred dollars.
    31    § 3. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law.
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