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.
BILL NUMBER: S6870A
TITLE OF BILL : 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
PURPOSE : This legislation requires the New York State Consumer Protection Board (CPB) to establish a bicycle theft prevention and awareness website. The bill also requires all retailers selling bicycles to post a notice informing consumers about the National Bicycle Registry and locally affiliated registries, the purpose of bicycle registration, and information from the Consumer Protection Board's theft prevention educational campaign and the CPB's contact information.
SUMMARY OF PROVISIONS : This bill amends subdivision 3 of section 553 of the executive law, and adds section 391-cc to the general business law.
JUSTIFICATION : Bicycle theft remains a prevalent issue in both New York City and New York State. The rate of theft in New York City averages approximately 191 bicycles stolen per day. There has also been anecdotal evidence of increased bicycle theft throughout the state including cases where bikes have been stolen and disassembled for parts. The National Bicycle Registry and local bicycle registries are designed to assist law enforcement in their efforts to recover and return stolen bicycles to their owners. While these programs are effective, only a small number of bicycle owners are aware of these registries. To address this problem, this bill requires retailers to post information for consumers about the registries and the Consumer Protection Board to establish a bicycle theft prevention website.
LEGISLATIVE HISTORY : This is a new bill.
FISCAL IMPLICATIONS : To be determined.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6870--A IN SENATE 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.