senate Bill S4313D

Vetoed By Governor
2009-2010 Legislative Session

Specifies auction requirements

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A1730 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (34)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 18, 2010 tabled
vetoed memo.6798
Sep 07, 2010 delivered to governor
Jun 22, 2010 returned to assembly
passed senate
Jun 21, 2010 3rd reading cal.532
substituted for s4313d
committed to rules
returned to senate
repassed assembly
Jun 16, 2010 amended on third reading 1730d
Jun 16, 2010 vote reconsidered - restored to third reading
returned to assembly
recalled from senate
Jun 09, 2010 recommitted to consumer protection
substitution reconsidered
May 18, 2010 3rd reading cal.532
substituted for s4313b
Jun 21, 2010 substituted by a1730d
Jun 16, 2010 amended on third reading 4313d
Jun 09, 2010 amended on third reading 4313c
Jun 09, 2010 vote reconsidered - restored to third reading
substitution reconsidered
May 18, 2010 substituted by a1730c
May 17, 2010 advanced to third reading
May 12, 2010 2nd report cal.
May 11, 2010 1st report cal.532
Apr 13, 2010 reported and committed to codes
Jan 06, 2010 referred to consumer protection
Jun 18, 2009 print number 4313b
Jun 18, 2009 amend and recommit to consumer protection
Jun 15, 2009 print number 4313a
Jun 15, 2009 amend and recommit to consumer protection
Apr 21, 2009 referred to consumer protection

Votes

view votes

May 11, 2010 - Codes committee Vote

S4313B
10
1
committee
10
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
1
Abstained
show committee vote details

Committee Vote: May 11, 2010

nay (1)
abstained (1)

Apr 13, 2010 - Consumer Protection committee Vote

S4313B
6
0
committee
6
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 13, 2010

Co-Sponsors

view additional co-sponsors

S4313 - Details

See Assembly Version of this Bill:
A1730
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S551
2013-2014: S230
2015-2016: S573
2017-2018: S2024

S4313 - Summary

Specifies requirements for auctions; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

S4313 - Sponsor Memo

S4313 - Bill Text download pdf

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

                                  4313

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sens. SQUADRON, FLANAGAN, DILAN, C. JOHNSON, MONSERRATE,
  ONORATO, PERKINS, STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend  the  general  business  law,  in  relation  to  auction
  requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  intent.  The  legislature  declares  that  the
following  provisions  of law are in addition to other provisions of law
and regulations applicable to auctions.
  S 2. The general business law is amended by adding a new section 29 to
read as follows:
  S 29. REQUIREMENTS FOR AUCTIONS. 1.    THE  AUCTIONEER  WILL  BE  HELD
RESPONSIBLE  FOR  THE TRUTH OF ANY STATEMENT CONTAINED IN ANY CATALOGUE,
ADVERTISEMENT, ANNOUNCEMENT, PRESS RELEASE  OR  OTHER  PUBLIC  STATEMENT
MADE BY THE AUCTIONEER RELATING TO ANY AUCTION.
  2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
TEN  CONTRACT  BETWEEN  THE  CONSIGNOR OR HIS OR HER AGENT OR AUTHORIZED
REPRESENTATIVE AND THE AUCTIONEER, UNLESS AUCTIONED PURSUANT TO AN ORDER
OF A COURT OF COMPETENT JURISDICTION.
  B. EVERY CONTRACT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
MUST CONTAIN THE FOLLOWING PROVISIONS:
  (I) ALL FEES, COMMISSIONS AND CHARGES TO BE PAID BY THE  CONSIGNOR  TO
THE AUCTIONEER OR HIS OR HER AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR
ASSIGNS SHALL:
  (1)  TO THE EXTENT PRACTICABLE, BE ITEMIZED AND SPECIFIED AS TO AMOUNT
(WHICH MAY BE STATED AS A PERCENTAGE OF THE RESERVE PRICE OR  ANY  FINAL
BID), AND
  (2)  IF SUCH ITEMIZATION AND SPECIFICATION AS TO AMOUNT IS NOT PRACTI-
CABLE, BE DESCRIBED WITH SUFFICIENT PARTICULARITY TO INFORM THE  CONSIG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04810-03-9

Co-Sponsors

view additional co-sponsors

S4313A - Details

See Assembly Version of this Bill:
A1730
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S551
2013-2014: S230
2015-2016: S573
2017-2018: S2024

S4313A - Summary

Specifies requirements for auctions; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

S4313A - Sponsor Memo

S4313A - Bill Text download pdf

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

                                 4313--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced   by   Sens.  SQUADRON,  FLANAGAN,  DILAN,  HASSELL-THOMPSON,
  C. JOHNSON, MONSERRATE, ONORATO, OPPENHEIMER, PERKINS, SAVINO,  STAVI-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Consumer 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  auction
  requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  intent.  The  legislature  declares  that  the
following  provisions  of law are in addition to other provisions of law
and regulations applicable to auctions.
  S 2. The general business law is amended by adding a new section 29 to
read as follows:
  S 29. REQUIREMENTS FOR AUCTIONS. 1.    THE  AUCTIONEER  WILL  BE  HELD
RESPONSIBLE  FOR  THE TRUTH OF ANY STATEMENT CONTAINED IN ANY CATALOGUE,
ADVERTISEMENT, ANNOUNCEMENT, PRESS RELEASE  OR  OTHER  PUBLIC  STATEMENT
MADE BY THE AUCTIONEER RELATING TO ANY AUCTION.
  2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
TEN  CONTRACT  BETWEEN  THE  CONSIGNOR OR HIS OR HER AGENT OR AUTHORIZED
REPRESENTATIVE AND THE AUCTIONEER, UNLESS AUCTIONED PURSUANT TO AN ORDER
OF A COURT OF COMPETENT JURISDICTION.
  B. EVERY CONTRACT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
MUST CONTAIN THE FOLLOWING PROVISIONS:
  (I) ALL FEES, COMMISSIONS AND CHARGES TO BE PAID BY THE  CONSIGNOR  TO
THE AUCTIONEER OR HIS OR HER AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR
ASSIGNS SHALL:
  (1)  TO THE EXTENT PRACTICABLE, BE ITEMIZED AND SPECIFIED AS TO AMOUNT
(WHICH MAY BE STATED AS A PERCENTAGE OF THE RESERVE PRICE OR  ANY  FINAL
BID), AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04810-07-9

Co-Sponsors

view additional co-sponsors

S4313B - Details

See Assembly Version of this Bill:
A1730
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S551
2013-2014: S230
2015-2016: S573
2017-2018: S2024

S4313B - Summary

Specifies requirements for auctions; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

S4313B - Sponsor Memo

S4313B - Bill Text download pdf

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

                                 4313--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced   by   Sens.  SQUADRON,  FLANAGAN,  DILAN,  HASSELL-THOMPSON,
  C. JOHNSON, MONSERRATE, ONORATO, OPPENHEIMER, PERKINS, SAVINO,  STAVI-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Consumer Protection --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  general  business  law,  in relation to auction
  requirements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  declares that the
following provisions of law are in addition to other provisions  of  law
and regulations applicable to auctions.
  S 2. The general business law is amended by adding a new section 29 to
read as follows:
  S  29.  REQUIREMENTS  FOR  AUCTIONS.  1.   THE AUCTIONEER WILL BE HELD
RESPONSIBLE FOR THE TRUTH OF ANY STATEMENT CONTAINED IN  ANY  CATALOGUE,
ADVERTISEMENT,  ANNOUNCEMENT,  PRESS  RELEASE  OR OTHER PUBLIC STATEMENT
MADE BY THE AUCTIONEER RELATING TO ANY AUCTION.
  2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
TEN CONTRACT BETWEEN THE CONSIGNOR OR HIS OR  HER  AGENT  OR  AUTHORIZED
REPRESENTATIVE AND THE AUCTIONEER, UNLESS AUCTIONED PURSUANT TO AN ORDER
OF A COURT OF COMPETENT JURISDICTION.
  B. EVERY CONTRACT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
MUST CONTAIN THE FOLLOWING PROVISIONS:
  (I)  ALL  FEES, COMMISSIONS AND CHARGES TO BE PAID BY THE CONSIGNOR TO
THE AUCTIONEER OR HIS OR HER AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR
ASSIGNS SHALL:
  (1) TO THE EXTENT PRACTICABLE, BE ITEMIZED AND SPECIFIED AS TO  AMOUNT
(WHICH  MAY  BE STATED AS A PERCENTAGE OF THE RESERVE PRICE OR ANY FINAL
BID), AND
  (2) IF SUCH ITEMIZATION AND SPECIFICATION AS TO AMOUNT IS NOT  PRACTI-
CABLE,  BE DESCRIBED WITH SUFFICIENT PARTICULARITY TO INFORM THE CONSIG-

Co-Sponsors

view additional co-sponsors

S4313C - Details

See Assembly Version of this Bill:
A1730
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S551
2013-2014: S230
2015-2016: S573
2017-2018: S2024

S4313C - Summary

Specifies requirements for auctions; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

S4313C - Sponsor Memo

S4313C - Bill Text download pdf

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

                                 4313--C
    Cal. No. 532

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced   by   Sens.  SQUADRON,  FLANAGAN,  DILAN,  HASSELL-THOMPSON,
  C. JOHNSON, ONORATO, OPPENHEIMER, PERKINS, SAVINO,  STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee  on  Consumer  Protection  --  committee  discharged,   bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Consumer Protection in accordance  with  Senate  Rule  6,
  sec.  8 -- reported favorably from said committee and committed to the
  Committee on Codes -- reported favorably from said committee,  ordered
  to first and second report, ordered to a third reading, substituted by
  Assembly Bill No. 1730-C, substitution reconsidered and vote reconsid-
  ered,  restored  to  third  reading,  amended  and  ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend  the  general  business  law,  in  relation  to  auction
  requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  intent.  The  legislature  declares  that  the
following  provisions  of law are in addition to other provisions of law
and regulations applicable to auctions.
  S 2. The general business law is amended by adding a new section 29 to
read as follows:
  S 29. REQUIREMENTS FOR AUCTIONS. 1.    THE  AUCTIONEER  WILL  BE  HELD
RESPONSIBLE  FOR  THE TRUTH OF ANY STATEMENT CONTAINED IN ANY CATALOGUE,
ADVERTISEMENT, ANNOUNCEMENT, PRESS RELEASE  OR  OTHER  PUBLIC  STATEMENT
MADE BY THE AUCTIONEER RELATING TO ANY AUCTION.
  2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
TEN  CONTRACT  BETWEEN  THE  CONSIGNOR OR HIS OR HER AGENT OR AUTHORIZED
REPRESENTATIVE AND THE AUCTIONEER, UNLESS AUCTIONED PURSUANT TO AN ORDER
OF A COURT OF COMPETENT JURISDICTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S4313D (ACTIVE) - Details

See Assembly Version of this Bill:
A1730
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S551
2013-2014: S230
2015-2016: S573
2017-2018: S2024

S4313D (ACTIVE) - Summary

Specifies requirements for auctions; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

S4313D (ACTIVE) - Sponsor Memo

S4313D (ACTIVE) - Bill Text download pdf

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

                                 4313--D
    Cal. No. 532

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced   by   Sens.  SQUADRON,  FLANAGAN,  DILAN,  HASSELL-THOMPSON,
  C. JOHNSON, ONORATO, OPPENHEIMER, PERKINS, SAVINO,  STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee  on  Consumer  Protection  --  committee  discharged,   bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Consumer Protection in accordance  with  Senate  Rule  6,
  sec.  8 -- reported favorably from said committee and committed to the
  Committee on Codes -- reported favorably from said committee,  ordered
  to first and second report, ordered to a third reading, substituted by
  Assembly Bill No. 1730-C, substitution reconsidered and vote reconsid-
  ered,  restored  to  third  reading,  amended  and  ordered reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend  the  general  business  law,  in  relation  to  auction
  requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  intent.  The  legislature  declares  that  the
following  provisions  of law are in addition to other provisions of law
and regulations applicable to auctions.
  S 2. The general business law is amended by adding a new section 29 to
read as follows:
  S 29. REQUIREMENTS FOR AUCTIONS. 1.    THE  AUCTIONEER  WILL  BE  HELD
RESPONSIBLE  FOR  THE TRUTH OF ANY STATEMENT CONTAINED IN ANY CATALOGUE,
ADVERTISEMENT, ANNOUNCEMENT, PRESS RELEASE  OR  OTHER  PUBLIC  STATEMENT
MADE BY THE AUCTIONEER RELATING TO ANY AUCTION.
  2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
TEN  CONTRACT  BETWEEN  THE  CONSIGNOR OR HIS OR HER AGENT OR AUTHORIZED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04810-18-0

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