Senate Bill S6870

                            
                    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:

  Section  1.  Subdivision  3  of  section  553  of the executive law is
amended by adding a new paragraph l to read as follows:
  L. ESTABLISH A BICYCLE THEFT PREVENTION WEBSITE THAT INCLUDES, BUT  IS
NOT  LIMITED  TO,  PROPER  METHODS FOR PARKING AND LOCKING BICYCLES, THE
BENEFITS OF BICYCLE REGISTRATION, AND THE PROPER PROCEDURE FOR REPORTING
BICYCLE THEFT. SUCH WEBSITE OR WEBPAGE SHALL ALSO:
  (1) INCLUDE AN INTERACTIVE FEATURE THAT ALLOWS CONSUMERS TO  DETERMINE
IF A MUNICIPALITY LOCATED IN THIS STATE HAS ESTABLISHED A BICYCLE REGIS-
TRATION PROGRAM; AND
  (2) REFERENCE THE AVAILABILITY OF BICYCLE REGISTRATION PROGRAMS ADMIN-
ISTERED BY MUNICIPALITIES AND OTHER APPROPRIATE ENTITIES.
  S  2. The general business law is amended by adding a new section 391-
cc to read as follows:
  S 391-CC. BICYCLE THEFT PREVENTION REGISTRATION NOTIFICATION.   1.  A.
NO  PERSON,  FIRM, ASSOCIATION OR CORPORATION ENGAGED IN THE BUSINESS OF
SELLING BICYCLES SHALL SELL ANY BICYCLE UNLESS SUCH PERSON, FIRM,  ASSO-
CIATION OR CORPORATION PROVIDES THE FOLLOWING NOTICE TO CONSUMERS:
"REGISTER YOUR BICYCLE. FOR MORE INFORMATION ABOUT THE BENEFITS OF BICY-
CLE  REGISTRATION  AND  BICYCLE REGISTRIES AVAILABLE TO YOU, CONTACT THE
NEW YORK STATE CONSUMER PROTECTION BOARD AT (INSERT  THE  CURRENT  TELE-
PHONE  NUMBER  ESTABLISHED  BY  THE  STATE CONSUMER PROTECTION BOARD FOR
RECEIVING INQUIRIES FROM  CONSUMERS)  OR  (INSERT  THE  ADDRESS  OF  THE
WEBSITE  CREATED PURSUANT TO PARAGRAPH 1 OF SUBDIVISION THREE OF SECTION
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

  B. SUCH NOTICE SHALL BE GIVEN BY  PROMINENTLY  POSTING  A  SIGN  WHERE
BICYCLES  ARE  DISPLAYED  AND/OR  SOLD OR WHERE BICYCLES ARE OFFERED FOR
SALE THROUGH A PRINTED BICYCLE DISPLAY OR BICYCLE CATALOGUE AVAILABLE TO
CUSTOMERS IN RETAIL STORES. SUCH SIGN SHALL BE NO LESS THAN NINE  INCHES
BY  FOURTEEN  INCHES USING LETTERS NO LESS THAN ONE-HALF INCH IN HEIGHT.
ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN THE BUSINESS  OF
SELLING  BICYCLES,  MAY,  IN  LIEU  OF POSTING A SIGN, MAKE AVAILABLE TO
CONSUMERS A WRITTEN NOTICE DISPLAYED IN A PROMINENT LOCATION WHERE BICY-
CLES ARE DISPLAYED AND/OR SOLD OR WHERE BICYCLES ARE  OFFERED  FOR  SALE
THROUGH  A  PRINTED  BICYCLE  DISPLAY  OR BICYCLE CATALOGUE AVAILABLE TO
CUSTOMERS IN RETAIL STORES.   SUCH NOTICE SHALL BE  NO  LESS  THAN  FIVE
INCHES  BY  EIGHT  INCHES  USING  LETTERS NO SMALLER THAN FOURTEEN POINT
TYPE.
  2.  ANY PERSON, FIRM, ASSOCIATION OR CORPORATION WHO OR WHICH VIOLATES
THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION  SHALL,  FOR  A  FIRST
SUCH  VIOLATION, IN LIEU OF A PENALTY, BE ISSUED A WRITTEN WARNING. SUCH
PERSON, FIRM, ASSOCIATION OR CORPORATION SHALL, HOWEVER,  FOR  A  SECOND
VIOLATION,  BE  SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR EACH SUCH VIOLATION.
  3. A. UPON ANY VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE 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 TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT  LESS  THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF THE
VIOLATION. IF IT SHALL APPEAR  TO  THE  SATISFACTION  OF  THE  COURT  OR
JUSTICE THAT THE DEFENDANT HAS VIOLATED SUBDIVISION ONE OF THIS SECTION,
AN  INJUNCTION  MAY  BE  ISSUED  BY  THE COURT OR JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHT THOUSAND
THREE HUNDRED THREE OF THE CIVIL PRACTICE  LAW  AND  RULES,  AND  DIRECT
RESTITUTION.
  B.  IN  CONNECTION  WITH AN APPLICATION MADE UNDER PARAGRAPH A OF THIS
SUBDIVISION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF  AND  TO
MAKE  A  DETERMINATION  OF  THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  4. THE PROVISIONS OF SUBDIVISION ONE 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  THERE-
UNDER SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
  S 3. This act shall take effect immediately.