Bill Text: NY S01243 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the distribution, sale or offer for sale of tires which are more than six years old.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S01243 Detail]

Download: New_York-2011-S01243-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1243
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to the sale  of
         tires
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 35 of section 375 of the  vehicle  and  traffic
    2  law is amended by adding a new paragraph (d) to read as follows:
    3    (D) (I) NO TIRE SHALL BE DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS
    4  STATE IF SUCH TIRE IS MORE THAN SIX YEARS OLD.
    5    (II)  WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, APPLICATION
    6  MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
    7  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
    8  PROCEEDING  TO  ISSUE  AN INJUNCTION AND UPON NOTICE TO THE DEFENDANT OF
    9  NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
   10  VIOLATION  OR TO ENFORCE THE PROVISIONS OF THIS SECTION; AND IF IT SHALL
   11  APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT
   12  HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH
   13  COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
   14  OUT  REQUIRING  PROOF  THAT  ANY  PERSON  HAS,  IN FACT, BEEN INJURED OR
   15  DAMAGED THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION  OF
   16  THIS  SECTION  HAS  OCCURRED THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT
   17  MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION.  IN  CONNECTION  WITH
   18  ANY  SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO
   19  TAKE PROOF AND MAKE A DETERMINATION OF  THE  RELEVANT  FACTS  AND  ISSUE
   20  SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   21    S  2.  This  act shall take effect on the thirtieth day after it shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02020-01-1