Bill Text: NY A04076 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires bicycles advertised for sale or resale in New York state to have an identifying serial number in legible boldfaced figures in one of certain specified areas on the bicycle; requires advertisements for bicycles to clearly and conspicuously include such bicycles identifying serial number.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - ordered to third reading cal.113 [A04076 Detail]

Download: New_York-2023-A04076-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4076--B
                                                                Cal. No. 136

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by  M. of A. PAULIN, WEPRIN -- read once and referred to the
          Committee on Consumer Affairs and Protection -- committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- reported and  referred  to  the  Committee  on  Codes  --
          reported  from  committee,  advanced  to  a third reading, amended and
          ordered reprinted, retaining its place on the order of third reading

        AN ACT to amend the general business law, in relation to requiring bicy-
          cles advertised for sale or resale in New York state to have an  iden-
          tifying serial number

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 1-a of section  391-c  of  the
     2  general  business  law,  as  added  by chapter 6 of the laws of 1986, is
     3  amended and two new paragraphs (d) and (e) are added to read as follows:
     4    (a) No bicycle manufactured or assembled on or  after  January  first,
     5  nineteen  hundred  eighty-nine  shall be sold [or], offered for sale, or
     6  offered and advertised for resale in this state unless it has an identi-
     7  fying serial number that distinguishes that bicycle from all other bicy-
     8  cles of that same make and model permanently  and  visibly  engraved  or
     9  stamped  in readily legible boldfaced figures at least one-eighth [inch-
    10  es] of an inch in height on the top surface of the top  crossbar  or  of
    11  the  uppermost cross support of the bicycle frame or on the head tube or
    12  on the toeplate not obstructed by the derailleur or gear  wheels  or  on
    13  the crank hanger; or, on a label, shield or plate permanently affixed in
    14  any  of  the foregoing locations in such a manner that the serial number
    15  will be readily visible and that such label, plate or shield  cannot  be
    16  removed without being defaced or destroyed.
    17    (d)  No  bicycle  manufactured or assembled on or after January first,
    18  nineteen hundred eighty-nine shall be  advertised  for  resale  in  this
    19  state  unless its identifying serial number is clearly and conspicuously
    20  posted in such advertisement for sale.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03084-04-3
        A. 4076--B                          2

     1    (e) If any person or entity fails to comply with the  requirements  of
     2  this  subdivision,  the  secretary  of  state shall issue such person or
     3  entity a warning, that includes but is not limited  to,  information  on
     4  compliance  with  this subdivision. If the person or entity continues to
     5  fail  to  comply with the requirements of this subdivision subsequent to
     6  receiving such warning, the secretary of state may assess a civil penal-
     7  ty not to exceed two hundred fifty dollars per    point  of  sale  which
     8  fails to comply with the requirements of this subdivision.
     9    §  2.  This  act shall take effect on the thirtieth day after it shall
    10  have become a law.