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Assembly Bill A3401

2009-2010 Legislative Session

Excludes from the definition of "dealer" an economically sustainable transportation provider, as defined in section 223 of the elder law

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Archive: Last Bill Status - In Assembly Committee

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2009-A3401 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง415, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3935
2013-2014: A4321
2015-2016: A5736

2009-A3401 (ACTIVE) - Summary

Excludes from the definition of "dealer" an economically sustainable transportation provider, as defined in section 223 of the elder law; defines economically sustainable transportation provider to mean a non-profit provider of transportation services that submits to the director and obtains approval of a plan demonstrating the provider is capable of providing economically sustainable transportation services.

2009-A3401 (ACTIVE) - Bill Text download pdf 

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

                                  3401

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, FIELDS, J. RIVERA -- Multi-Sponsored
  by  -- M. of A.  CLARK, HOOPER, JOHN, MAISEL, McENENY, SWEENEY, TOWNS,
  WEISENBERG -- read once and referred to the Committee  on  Transporta-
  tion

AN  ACT  to amend the vehicle and traffic law, in relation to exempting,
  from the definition of "dealer", economically sustainable  transporta-
  tion providers

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

  Section 1. Paragraph a of subdivision 1 of section 415 of the  vehicle
and traffic law, as amended by chapter 7 of the laws of 2000, is amended
to read as follows:
  a.  "Dealer" means a person engaged in the business of buying, selling
or dealing in motor vehicles, motorcycles or trailers, other than mobile
homes or manufactured homes, at retail or  wholesale;  except,  however,
trailers  with  an  unladen weight of less than one thousand pounds. For
the purposes of this section, a "mobile  home"  or  "manufactured  home"
means  a  mobile  home  or  manufactured  home as defined in section one
hundred twenty-two-c of this chapter. Any person who  sells,  or  offers
for  sale  more than five motor vehicles, motorcycles or trailers in any
calendar year or who displays or permits the display of  three  or  more
motor  vehicles,  motorcycles  or  trailers  for sale at any one time or
within any one calendar month upon premises owned or controlled  by  him
OR  HER, if such vehicles were purchased, acquired or otherwise obtained
by such person for the purpose of resale, will be regarded as a  dealer.
Except  as  otherwise  provided  in subdivisions three, five, six-b, and
seven of this section, the term "dealer"  shall  include  a  "new  motor
vehicle  dealer"  as  defined  by  paragraph f of this subdivision and a
"qualified dealer" as defined in paragraph g of  this  subdivision.  FOR
PURPOSES  OF  THIS  SECTION, DEALER SHALL NOT MEAN OR INCLUDE AN ECONOM-
ICALLY SUSTAINABLE TRANSPORTATION PROVIDER AS SUCH TERM  IS  DEFINED  IN
PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-THREE OF
THE ELDER LAW.
  S 2. This act shall take effect immediately.

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