S T A T E O F N E W Y O R K
________________________________________________________________________
197
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. HEVESI, HOYT, BENEDETTO, JAFFEE, M. MILLER,
CYMBROWITZ, CASTRO, TITONE, BOYLAND, GABRYSZAK, DESTITO, MAISEL --
Multi-Sponsored by -- M. of A. CUSICK, FARRELL, GLICK, MARKEY, MAYER-
SOHN, ROBINSON, WEISENBERG -- read once and referred to the Committee
on Consumer Affairs and Protection
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01563-01-1
A. 197 2
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)"
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.