Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to economic development |
Sep 22, 2009 |
referred to economic development |
Assembly Bill A9153
2009-2010 Legislative Session
Sponsored By
WRIGHT
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A9153 (ACTIVE) - Details
- Current Committee:
- Assembly Economic Development
- Law Section:
- General Business Law
- Laws Affected:
- Amd §44, Gen Bus L; amd §210.45, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
A3422
2009-A9153 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9153 TITLE OF BILL: An act to amend the general business law and the penal law, in relation to written false statements made by any person to a collateral loan broker or second hand dealer regarding any loan made by such broker or sale to such dealer PURPOSE OF GENERAL IDEA OF BILL: Add false declaration of ownership of pledged property to a pawnbroker to the definition of larceny. To amend the Penal Law to make it a crime when a pledgor issues a false declaration of ownership to a pawnbroker in connection with making a loan. SUMMARY OF SPECIFIC PROVISIONS: 1. General Business Law § 44 is amended by adding a new subdivision 4 to authorize the inclusion in a note or memorandum used in connection with a collateral loan transaction language advising the borrower that in signing the document, he or she is affirming that the statements therein are trued under penalty of the offenses of larceny and/or making a punishable false written statement. 2. The Penal Law is amended by adding anew § 210.45(2) specifically providing that a person commits the crime of making a punishable false written statement when he or she knowingly makes a false statement, which he or she does not believe to be true in connection with obtaining a loan from a collateral loanbroker or proceeds of sale to a second hand
2009-A9153 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9153 2009-2010 Regular Sessions I N A S S E M B L Y September 22, 2009 ___________ Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the general business law and the penal law, in relation to written false statements made by any person to a collateral loan broker or second hand dealer regarding any loan made by such broker or sale to such dealer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 44 of the general business law is amended by adding a new subdivision 4 to read as follows: 4. EACH PERSON SIGNING A MEMORANDUM OR NOTE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR SIGNING A BILL OF SALE PROFFERED TOGETHER WITH PERSONAL PROPERTY TO A SECOND HAND DEALER SHALL AFFIRM THAT THE STATE- MENTS THEREIN ARE TRUE UNDER THE PENALTIES OF THE OFFENSES OF LARCENY AND/OR MAKING A PUNISHABLE FALSE WRITTEN STATEMENT. S 2. Section 210.45 of the penal law is amended to read as follows: S 210.45 Making a punishable false written statement. A person is guilty of making a punishable false written statement when he OR SHE knowingly makes a false statement, which he OR SHE does not believe to be true, in a written instrument: 1. bearing a legally authorized form notice to the effect that false statements made therein are punishable; OR 2. SUBMITTED TO OBTAIN A LOAN FROM A COLLATERAL LOAN BROKER OR PROCEEDS OF SALE FROM A SECOND HAND DEALER, BEARING A LEGALLY AUTHORIZED FORM NOTICE TO THE EFFECT THAT FALSE STATEMENTS MADE THEREIN ARE PUNISH- ABLE. Making a punishable false written statement is a class A misdemeanor. S 3. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14243-01-9
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