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.

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A197-2011 Actions

• Jan 4, 2012: referred to consumer affairs and protection
• Jan 5, 2011: referred to consumer affairs and protection

A197-2011 Text

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

                                     197

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (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.