A09281 Summary:

BILL NOA09281A
 
SAME ASNo same as
 
SPONSORDinowitz (MS)
 
COSPNSRHikind, Maisel, Galef, Castro, Linares, Montesano, Roberts, Hooper, Weprin
 
MLTSPNSRArroyo, Boyland, Cook, Crespo, Gottfried, McEneny, Ramos, Rivera P, Robinson, Stevenson, Weisenberg
 
Add S391-s, Gen Bus L
 
Enacts the truth in lockout and locksmith services act.
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A09281 Actions:

BILL NOA09281A
 
02/14/2012referred to consumer affairs and protection
04/26/2012amend and recommit to consumer affairs and protection
04/26/2012print number 9281a
05/01/2012reported referred to codes
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A09281 Floor Votes:

There are no votes for this bill in this legislative session.
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A09281 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9281--A
 
                   IN ASSEMBLY
 
                                    February 14, 2012
                                       ___________
 
        Introduced by M. of A. DINOWITZ, HIKIND, MAISEL, GALEF, CASTRO, LINARES,
          MONTESANO,  ROBERTS,  HOOPER -- Multi-Sponsored by -- M. of A. ARROYO,
          BOYLAND, COOK, CRESPO, GOTTFRIED, McENENY, RAMOS, P. RIVERA, ROBINSON,
          STEVENSON, WEISENBERG -- 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
 
        AN  ACT  to amend the general business law, in relation to enacting "the
          truth in lockout and locksmith services act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. This act shall be known as "the truth in lockout and lock-
     2  smith services act".
     3    § 2. The general business law is amended by adding a new section 391-s
     4  to read as follows:
     5    § 391-s. Lockout and locksmith services. 1.  (a) For the  purposes  of
     6  this  section  "locksmith" means a natural person who performs locksmith
     7  services and access control services to the public.
     8    (b) "Locksmith services" means:

     9    (i) servicing, installing, repairing, rebuilding, rekeying, repinning,
    10  adjusting  or  installing  locks,  mechanical  or  electronic   security
    11  devices, safes, vaults, or safe deposit boxes; and
    12    (ii) operating a lock, mechanical or electronic security device, safe,
    13  vault,  or  safe deposit box by a means other than those intended by the
    14  manufacturer of such devices.
    15    (c) "Lockout services" means offering to operate a lock, mechanical or
    16  electronic security device, by a means other than those intended by  the
    17  manufacturer  of  such  devices for the purposes of obtaining entry to a
    18  consumer's motor vehicle or residence.
    19    (d) "Mileage charge" means any charge imposed by a  locksmith  related

    20  to the cost of transportation to a location where locksmith services are
    21  to be provided.
    22    (e)  "Telephone  directory"  means a publication disseminated by print
    23  media or the internet listing:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14036-04-2

        A. 9281--A                          2
 
     1    (i) the names, addresses and telephone numbers of businesses by  type,
     2  and containing advertisements promoting those businesses or the products
     3  they sell; and/or
     4    (ii)  the names, addresses and telephone numbers of individuals, busi-

     5  nesses and government listings in alphabetical order.
     6    2. (a) No person, firm, corporation, association or agent or  employee
     7  thereof  shall misrepresent the geographical location of a business that
     8  derives any portion of its  gross  income  from  locksmith  services  or
     9  arranging for the sale or provision of locksmith services:
    10    (i)  in  the  listing  of the business in a telephone directory or the
    11  directory assistance database; or
    12    (ii) in any listing, entry or  advertising  available  to  the  public
    13  through  the  use  of any internet directory, internet search engine, or
    14  other electronic media.
    15    (b) For purposes of  this  subdivision,  a  misrepresentation  of  the

    16  geographical location of a business occurs when the name of the business
    17  indicates that the business is located in a geographical area and:
    18    (i) the business is not located within the geographical area indicated
    19  and  the  listing  fails  to  identify the municipality and state of the
    20  business' geographical location; and
    21    (ii) telephone calls to the local telephone number listed in the tele-
    22  phone directory are forwarded or  transferred  to  a  location  that  is
    23  outside the calling area covered by the telephone directory or directory
    24  assistance database in which the number is listed.
    25    (c)  A person, firm, corporation, association or agent or employee may
    26  place a directory listing for a business, the name  of  which  indicates

    27  that  it  is  located  in a geographical area that is different from the
    28  geographical area in which the business  is  located  if  a  conspicuous
    29  notice in the listing states the municipality and state of the business.
    30    (d) This subdivision shall not apply:
    31    (i)  to  the  publishers  of  a  telephone directory or providers of a
    32  directory assistance service providing information about  another  busi-
    33  ness;
    34    (ii)  to  any  television  or  radio  broadcasting  station  or to any
    35  publisher or printer of a newspaper, magazine or other form  of  printed
    36  advertising  providing  information  about  another business, who broad-
    37  casts, publishes, or prints the advertisement; or

    38    (iii) to any publisher of any listing, entry or advertising  available
    39  to  the  public  thorough  the  use  of any internet directory, internet
    40  search engine, or other electronic  media  providing  information  about
    41  another  business,  who  broadcasts  or  publishes the listing, entry or
    42  advertisement.
    43    3. No person, firm, corporation,  association  or  agent  or  employee
    44  thereof  shall  provide  an  estimate for lockout services that does not
    45  include all charges, except taxes, which a consumer must pay  to  obtain
    46  such  services.    Such estimate may be expressed as a range between two
    47  amounts, provided that such range is reasonable and determined  in  good
    48  faith  based  on  the information provided by the consumer.  Any mileage

    49  charge shall be estimated  based  on  the  location  where  the  lockout
    50  services are to take place and included in the total amount of any esti-
    51  mate  provided  to  the  consumer. Any minimum fee for a service call or
    52  charge related to the time or day of the week  such  locksmith  services
    53  are  to  be  provided  shall be disclosed to the consumer in a clear and
    54  conspicuous manner.
    55    4.   Any locksmith providing  locksmith  services  shall  provide  the
    56  consumer  with a receipt containing an itemization of any fees or charg-

        A. 9281--A                          3
 
     1  es, including, but not limited to, charges for  parts,  labor,  mileage,
     2  and  the  price  of the service call. Such receipt shall also include at

     3  least the following information:
     4    (a)  the  name,  address  and  telephone  number  of  the locksmith or
     5  locksmith's employer; and
     6    (b) a brief description of services provided.
     7    5.  Any locksmith providing lockout services shall provide the consum-
     8  er with a receipt containing an itemization  of  any  fees  or  charges,
     9  including,  but  not  limited to, charges for parts, labor, mileage, and
    10  the price of the service call. Such receipt shall also include at  least
    11  the following information:
    12    (a)  the  name,  address  and  telephone  number  of  the locksmith or
    13  locksmith's employer;
    14    (b) a brief description of services provided; and

    15    (c) if such lockout services involved obtaining entry to a  consumer's
    16  motor  vehicle, the vehicle year, make and model, vehicle identification
    17  number (VIN), the consumer's driver's license number, and license  plate
    18  number.
    19    6. (a) Whenever there shall be a violation of this section an applica-
    20  tion  may  be  made by the attorney general in the name of the people of
    21  the state of New York to a court or justice  having  jurisdiction  by  a
    22  special  proceeding  to  issue  an  injunction,  and  upon notice to the
    23  defendant of not less than five days, to enjoin and restrain the contin-
    24  uance of such violations; and if it shall appear to the satisfaction  of
    25  the  court  or  justice  that  the defendant has, in fact, violated this

    26  section, an injunction may be issued by the court or justice,  enjoining
    27  and restraining any further violations, without requiring proof that any
    28  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    29  proceeding, the court may make allowances to  the  attorney  general  as
    30  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    31  hundred three of the civil practice law and rules, and  direct  restitu-
    32  tion.  In  connection  with  any such proposed application, the attorney
    33  general is authorized to take proof and  make  a  determination  of  the
    34  relevant facts and to issue subpoenas in accordance with the civil prac-
    35  tice law and rules.
    36    (b) (i) In every case where the court shall determine that a violation

    37  of  subdivision two of this section has occurred, the court may impose a
    38  civil penalty of not  more  than  one  thousand  dollars  for  a  single
    39  violation  and  not  more than twenty-five thousand dollars for multiple
    40  violations resulting from a single act or incident.
    41    (ii) In every case where the court shall determine that a violation of
    42  subdivisions three, four or five of this section has occurred, the court
    43  may impose a civil penalty of not more than  one  thousand  dollars  for
    44  each violation.
    45    (c)  In  addition to the enforcement authority granted to the attorney
    46  general, the director  of  a  municipal  consumer  affairs  office,  the
    47  district  attorney,  town attorney, county attorney, and the corporation

    48  counsel, or other lawful designee of a municipality or local  government
    49  shall  have  concurrent authority to seek the relief in paragraph (b) of
    50  this subdivision, and all civil penalties obtained in  any  such  action
    51  shall be retained by the municipality or local government.
    52    (d)  Any  person  who  contracts with a locksmith or any person, firm,
    53  corporation or association providing locksmith services and  has  actual
    54  knowledge that the locksmith or person, firm, corporation or association
    55  is  acting  in  violation  of  this  section  shall  be  deemed to be in

        A. 9281--A                          4
 
     1  violation of this section, unless such person takes reasonable  measures

     2  to prevent and correct any conduct that violates this section.
     3    (e)  Nothing  in this section shall be construed to restrict any right
     4  which any person may have under any other statute or the common law.
     5    7. The provisions of this section shall not be construed to  limit  in
     6  any  way the authority of any county, or of any city having a population
     7  of one million or more persons, to enforce local  laws  and  regulations
     8  governing  the  licensure,  registration or conduct of locksmiths or any
     9  person providing locksmith services in effect  prior  to  the  effective
    10  date  of  this  section,  to enact, implement and enforce any amendments
    11  thereto after the effective date of this section, or to enact, implement

    12  and enforce any local laws and regulations  relating  to  locksmith  and
    13  lockout services, except to the extent that such laws or regulations are
    14  inconsistent  with  any  provision of this section. No law or regulation
    15  shall be considered inconsistent  if  it  provides  consumer  protection
    16  equal to or greater than the provisions of this section.
    17    § 3. This act shall take effect on the one hundred twentieth day after
    18  it shall have become a law.
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