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Assembly Bill A11335

2009-2010 Legislative Session

Provides that sellers of copy machines at retail shall give written notice to the consumers stating that hard drives on machines retain information

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Archive: Last Bill Status - In Assembly Committee

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2009-A11335 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง392-j, Gen Bus L

2009-A11335 (ACTIVE) - Summary

Provides that sellers of copy machines at retail shall give written notice to the consumers stating that hard drives on machines retain information and pose a danger of identity theft.

2009-A11335 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11335

                          I N  A S S E M B L Y

                              June 3, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Hyer-Spenc-
  er) -- read once and referred to the Committee on Consumer Affairs and
  Protection

AN ACT to amend the general business law, in  relation  to  requiring  a
  disclaimer on copy machines sold to consumers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
392-j to read as follows:
  S 392-J. SALE OF COPY MACHINES; DISCLAIMER. 1.  FOR  THE  PURPOSES  OF
THIS  SECTION,  A  "COPY  MACHINE" SHALL MEAN A DEVICE USED TO DUPLICATE
DOCUMENTS AND VISUAL IMAGES ON PAPER.
  2. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR  CORPORATION  WHO  OR
WHICH  SELLS  A  COPY MACHINE AT RETAIL SHALL GIVE WRITTEN NOTICE TO THE
PURCHASER THAT A COPY MACHINE HAS A HARD DRIVE WHICH  CAN  SAVE  DIGITAL
PRINT  OF  REPRODUCTIONS  MADE  AND THEREFORE POSES A DANGER OF IDENTITY
THEFT TO CONSUMERS.
  3. EVERY PROPRIETOR WHO OR WHICH CONDUCTS A BUSINESS OF  SELLING  COPY
MACHINES AT RETAIL SHALL CONSPICUOUSLY POST A WARNING POSTER ON PREMISES
ALERTING  CONSUMERS  THAT COPY MACHINES HAVE A HARD DRIVE WHICH CAN SAVE
DIGITAL PRINT OF REPRODUCTIONS AND THEREFORE POSE A DANGER  OF  IDENTITY
THEFT.
  4.  ANY  COMMERCIAL ENTITY THAT VIOLATES THIS SECTION SHALL BE SUBJECT
TO A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS  FOR  THE  FIRST
VIOLATION,  NOT  MORE  THAN  TWO  HUNDRED  FIFTY  DOLLARS FOR THE SECOND
VIOLATION, AND NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR  EACH  VIOLATION
THEREAFTER.  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION MAY BE
ENFORCED CONCURRENTLY BY THE DIRECTOR OF A  MUNICIPAL  CONSUMER  AFFAIRS
OFFICE,  OR  BY  THE  TOWN  ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER
LAWFUL DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT,  AND  ALL  MONEYS
COLLECTED  THEREUNDER  SHALL  BE  RETAINED BY SUCH MUNICIPALITY OR LOCAL
GOVERNMENT.
  S 2. 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.

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