Bill Text: NY S06870 | 2009-2010 | General Assembly | Amended
Bill Title: Authorizes the NYS Consumer Protection Board to establish a bike theft prevention website; requires bike shops to provide notice to buyers, to post information and provides for civil penalties for failure to post bike registration information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-07 - REPORTED AND COMMITTED TO FINANCE [S06870 Detail]
Download: New_York-2009-S06870-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6870--A
I N S E N A T E
February 18, 2010
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, in relation to requiring the state
consumer protection board to establish a bicycle theft prevention
website and to amend the general business law, in relation to the
bicycle theft prevention registration notification
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 553 of the executive law is
2 amended by adding a new paragraph l to read as follows:
3 L. ESTABLISH A BICYCLE THEFT PREVENTION WEBSITE THAT INCLUDES, BUT IS
4 NOT LIMITED TO, PROPER METHODS FOR PARKING AND LOCKING BICYCLES, THE
5 BENEFITS OF BICYCLE REGISTRATION, AND THE PROPER PROCEDURE FOR REPORTING
6 BICYCLE THEFT. SUCH WEBSITE OR WEBPAGE SHALL ALSO:
7 (1) INCLUDE AN INTERACTIVE FEATURE THAT ALLOWS CONSUMERS TO DETERMINE
8 IF A MUNICIPALITY LOCATED IN THIS STATE HAS ESTABLISHED A BICYCLE REGIS-
9 TRATION PROGRAM; AND
10 (2) REFERENCE THE AVAILABILITY OF BICYCLE REGISTRATION PROGRAMS ADMIN-
11 ISTERED BY MUNICIPALITIES AND OTHER APPROPRIATE ENTITIES.
12 S 2. The general business law is amended by adding a new section 391-
13 cc to read as follows:
14 S 391-CC. BICYCLE THEFT PREVENTION REGISTRATION NOTIFICATION. 1. A.
15 NO PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN THE BUSINESS OF
16 SELLING BICYCLES SHALL SELL ANY BICYCLE UNLESS SUCH PERSON, FIRM, ASSO-
17 CIATION OR CORPORATION PROVIDES THE FOLLOWING NOTICE TO CONSUMERS:
18 "REGISTER YOUR BICYCLE. FOR MORE INFORMATION ABOUT THE BENEFITS OF BICY-
19 CLE REGISTRATION AND BICYCLE REGISTRIES AVAILABLE TO YOU, CONTACT THE
20 NEW YORK STATE CONSUMER PROTECTION BOARD AT (INSERT THE CURRENT TELE-
21 PHONE NUMBER ESTABLISHED BY THE STATE CONSUMER PROTECTION BOARD FOR
22 RECEIVING INQUIRIES FROM CONSUMERS) OR (INSERT THE ADDRESS OF THE
23 WEBSITE CREATED PURSUANT TO PARAGRAPH 1 OF SUBDIVISION THREE OF SECTION
24 553 OF THE EXECUTIVE LAW)"
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15139-05-0
S. 6870--A 2
1 B. SUCH NOTICE SHALL BE GIVEN BY PROMINENTLY POSTING A SIGN WHERE
2 BICYCLES ARE DISPLAYED AND/OR SOLD OR WHERE BICYCLES ARE OFFERED FOR
3 SALE THROUGH A PRINTED BICYCLE DISPLAY OR BICYCLE CATALOGUE AVAILABLE TO
4 CUSTOMERS IN RETAIL STORES. SUCH SIGN SHALL BE NO LESS THAN NINE INCHES
5 BY FOURTEEN INCHES USING LETTERS NO LESS THAN ONE-HALF INCH IN HEIGHT.
6 ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN THE BUSINESS OF
7 SELLING BICYCLES, MAY, IN LIEU OF POSTING A SIGN, MAKE AVAILABLE TO
8 CONSUMERS A WRITTEN NOTICE DISPLAYED IN A PROMINENT LOCATION WHERE BICY-
9 CLES ARE DISPLAYED AND/OR SOLD OR WHERE BICYCLES ARE OFFERED FOR SALE
10 THROUGH A PRINTED BICYCLE DISPLAY OR BICYCLE CATALOGUE AVAILABLE TO
11 CUSTOMERS IN RETAIL STORES. SUCH NOTICE SHALL BE NO LESS THAN FIVE
12 INCHES BY EIGHT INCHES USING LETTERS NO SMALLER THAN FOURTEEN POINT
13 TYPE.
14 2. ANY PERSON, FIRM, ASSOCIATION OR CORPORATION WHO OR WHICH VIOLATES
15 THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL, FOR A FIRST
16 SUCH VIOLATION, IN LIEU OF A PENALTY, BE ISSUED A WRITTEN WARNING. SUCH
17 PERSON, FIRM, ASSOCIATION OR CORPORATION SHALL, HOWEVER, FOR A SECOND
18 VIOLATION, BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED
19 DOLLARS FOR EACH SUCH VIOLATION.
20 3. A. UPON ANY VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS
21 SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
22 OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
23 JURISDICTION TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
24 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF THE
25 VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
26 JUSTICE THAT THE DEFENDANT HAS VIOLATED SUBDIVISION ONE OF THIS SECTION,
27 AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND
28 RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
29 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
30 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
31 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHT THOUSAND
32 THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT
33 RESTITUTION.
34 B. IN CONNECTION WITH AN APPLICATION MADE UNDER PARAGRAPH A OF THIS
35 SUBDIVISION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND TO
36 MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
37 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
38 4. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION MAY BE ENFORCED
39 CONCURRENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR
40 BY THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE
41 OF A MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED THERE-
42 UNDER SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
43 S 3. This act shall take effect immediately.
