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 |
Senate Bill S4313
Vetoed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status Via A1730 - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
2009-S4313 - Details
2009-S4313 - Sponsor Memo
BILL NUMBER: S4313 TITLE OF BILL : An act to amend the general business law, in relation to auction requirements PURPOSE OR GENERAL IDEA OF BILL : To codify and enhance requirements for auctions. SUMMARY OF SPECIFIC PROVISIONS : * The Auctioneer will be held responsible for the truth of statements contained in any catalogue etc. * The consignor must warrant that he or she has complete and lawful right, title, and interest in property being auctioned * It must be disclosed if an auctioneer or auction house has certain financial interests in an article being auctioned * It must be disclosed if a consignor is to receive a rebate commission or when he or she will be allowed to bid upon and buy back their own article * If there is a "reserve price" it must be disclosed that the item/lot is being sold subject to reserve
2009-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
(R, C, IP) Senate District
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
2009-S4313A - Details
2009-S4313A - Sponsor Memo
BILL NUMBER: S4313A TITLE OF BILL : An act to amend the general business law, in relation to auction requirements PURPOSE OR GENERAL IDEA OF BILL : To codify and enhance requirements for auctions. SUMMARY OF SPECIFIC PROVISIONS : * The Auctioneer will be held responsible for the truth of statements contained in any catalogue etc. * The consignor must warrant that he or she has complete and lawful right, title, and interest in property being auctioned * It must be disclosed if an auctioneer or auction house has certain financial interests in an article being auctioned * It must be disclosed if a consignor is to receive a rebate commission or when he or she will be allowed to bid upon and buy back their own article
2009-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
(R, C, IP) Senate District
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
2009-S4313B - Details
2009-S4313B - Sponsor Memo
BILL NUMBER: S4313B TITLE OF BILL : An act to amend the general business law, in relation to auction requirements PURPOSE : It is to prohibit acceptance of "sham" or "chandelier" bids by auctioneers without disclosure. SUMMARY OF PROVISIONS : The Auctioneer will be held responsible for the truth of statements contained in any catalogue etc. * The consignor must show that he or she has complete and lawful right, title, and interest in property being auctioned * It must be disclosed if an auctioneer or auction house has any interest in an article being auctioned * It must be disclosed if a consignor is to receive a rebate commission or when he or she will be allowed to bid upon and buy back their own article * If there is a "reserve price" it must be disclosed that the item/lot is being sold subject to reserve * If there is no reserve price there shall not be any indication given that the item/lot is being sold at reserve
2009-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
(R, C, IP) Senate District
(D, WF) Senate District
(D) Senate District
(D) Senate District
2009-S4313C - Details
2009-S4313C - Sponsor Memo
BILL NUMBER:S4313C PURPOSE: It is to prohibit acceptance of "sham" or "chandelier" bids by auctio- neers without disclosure. SUMMARY OF PROVISIONS: The Auctioneer shall be held responsible -- to the extent practicable -- for making a good faith effort to insure the accuracy of statements contained in any catalogue, as of the date of the catalogue's initial publication. * The consignor must show that he or she has complete and lawful right, title, and interest in property being auctioned * It must be disclosed if an auctioneer or auction house has any inter- est in an article being auctioned * It must be disclosed if a consignor is to receive a rebate commission or when he or she will be allowed to bid upon and buy back their own article * If there is a "reserve price" it must be disclosed that the item/lot is being sold subject to reserve * If there is no reserve price there shall not be any indication given
2009-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
(R, C, IP) Senate District
(D, WF) Senate District
(D) Senate District
(D) Senate District
2009-S4313D (ACTIVE) - Details
2009-S4313D (ACTIVE) - Sponsor Memo
BILL NUMBER:S4313D TITLE OF BILL: An act to amend the general business law, in relation to auction requirements PURPOSE: It is to prohibit acceptance of "sham" or "chandelier" bids by auctioneers without disclosure. SUMMARY OF PROVISIONS: The Auctioneer shall be held responsible -- to the extent practicable -- for making a good faith effort to ensure the accuracy of statements contained in any catalogue, as of the date of the catalogue's initial publication. * The consignor must show that he or she has complete and lawful right, title, and interest in property being auctioned. * It must be disclosed if an auctioneer or auction house has any interest in an article being auctioned. * It must be disclosed if a consignor is to receive a rebate commission or when he or she will be allowed to bid upon and buy back their own article.
2009-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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