Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 15, 2016 |
referred to consumer affairs and protection delivered to assembly passed senate |
Jun 07, 2016 |
amended on third reading 6704b |
May 04, 2016 |
advanced to third reading |
May 03, 2016 |
2nd report cal. amended 6704a |
Apr 12, 2016 |
1st report cal.607 |
Feb 08, 2016 |
referred to consumer protection |
Senate Bill S6704B
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Votes
Bill Amendments
2015-S6704 - Details
2015-S6704 - Sponsor Memo
BILL NUMBER: S6704 REVISED 2/19/16 TITLE OF BILL : An act to amend the general business law,in relation to requiring automobile brokers to be licensed PURPOSE : To decrease the incidence of unlawful deceptive practices in the automobile broker business by increasing the penalties for violating article 43 of the General Business Law, which regulates Automobile Broker Businesses SUMMARY OF PROVISIONS : Section one of this bill amends General Business Law section 743 concerning enforcement of General Business Law article 43 by the Attorney General to increase the penalties for violating article 43 by mandating that the Court shall impose a civil penalty when it finds a person has violated such article. Additionally, the amount of the civil penalty is increased an amount that is not less than $1,000 and not more than $3,000 per violation. Section two of this bill provides that this act shall take effect on the ninetieth day after it shall have become a law. CURRENT LAW : In a proceeding commenced by the Attorney General for one or more alleged violations of General Business Law article 43, if the Court finds that such article has been violated, the Court may
2015-S6704 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6704 I N S E N A T E February 8, 2016 ___________ Introduced by Sen. GOLDEN -- 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 requiring auto- mobile brokers to be licensed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 736 of the general business law is amended by adding two new subdivisions 4 and 5 to read as follows: 4. "SECRETARY" MEANS THE SECRETARY OF STATE. 5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES. S 2. The general business law is amended by adding four new sections 736-a, 736-b, 736-c and 736-d to read as follows: S 736-A. LICENSE AND SURETY BOND REQUIRED. 1. NO PERSON, CORPORATION, PARTNERSHIP OR FIRM SHALL HEREAFTER CARRY ON THE BUSINESS OF AN AUTOMO- BILE BROKER, AS DEFINED IN SECTION SEVEN HUNDRED THIRTY-SIX OF THIS ARTICLE, WITHOUT FIRST HAVING (A) RECEIVED A LICENSE TO ENGAGE IN SUCH PRACTICE IN THE MANNER PRESCRIBED IN THIS ARTICLE, AND (B) OBTAINED A SURETY BOND PRESCRIBED IN SECTION SEVEN HUNDRED FORTY-A OF THIS ARTICLE. 2. NO PERSON SHALL OWN, CONTROL OR OPERATE, WHETHER AS A SOLE PROPRIE- TOR, PARTNER, SHAREHOLDER, OFFICER, INDEPENDENT CONTRACTOR OR OTHER PERSON, AN AUTOMOBILE BROKER BUSINESS, AS DEFINED IN SECTION SEVEN HUNDRED THIRTY-SIX OF THIS ARTICLE, WITHOUT FIRST HAVING (A) RECEIVED A LICENSE TO ENGAGE IN SUCH PRACTICE IN THE MANNER PRESCRIBED IN THIS ARTICLE, AND (B) OBTAINED A SURETY BOND PRESCRIBED IN SECTION SEVEN HUNDRED FORTY-A OF THIS ARTICLE. S 736-B. APPLICATION FOR LICENSES. 1. APPLICATION FOR A LICENSE REQUIRED UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND IN THE FORM PRESCRIBED BY THE SECRETARY, AND SHALL CONTAIN THE FOLLOWING: A. THE EXACT NAME AND THE ADDRESS OF THE APPLICANT AND ITS DATE OF INCORPORATION; B. THE NAME AND THE BUSINESS AND RESIDENTIAL ADDRESS OF EACH PRINCIPAL AND OFFICER OF THE APPLICANT; C. THE COMPLETE ADDRESS WHERE THE BUSINESS OF THE APPLICANT IS TO BE CONDUCTED, SHOWING THE STREET AND NUMBER, IF ANY, POST OFFICE AND BUILD- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2015-S6704A - Details
2015-S6704A - Sponsor Memo
BILL NUMBER: S6704A TITLE OF BILL : An act to amend the general business law,in relation to requiring automobile brokers to be licensed PURPOSE : To decrease the incidence of unlawful deceptive practices in the automobile broker business by requiring licensure of automobile brokers and mandating increased penalties for any violation of General Business Law article 43, which regulates to automobile broker business. SUMMARY OF PROVISIONS : Section one of this bill amends General Business Law section 736 by adding two new subdivisions to define the terms "Secretary" and "Division." Secretary shall mean the Secretary of State and Division shall mean the Division of Criminal Justice Services. Section two of this bill adds four new sections to General Business Law article 43. New section 736-a requires that any person or entity engaged in the automobile broker business shall be licensed and maintain a surety bond. New section 736-b establishes the application for an automobile broker license. New section 736-c establishes conditions precedent for obtaining a license. New section 736-d
2015-S6704A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6704--A Cal. No. 607 I N S E N A T E February 8, 2016 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the general business law,in relation to requiring auto- mobile brokers to be licensed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 736 of the general business law is amended by adding two new subdivisions 4 and 5 to read as follows: 4. "SECRETARY" MEANS THE SECRETARY OF STATE. 5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES. S 2. The general business law is amended by adding four new sections 736-a, 736-b, 736-c and 736-d to read as follows: S 736-A. LICENSE AND SURETY BOND REQUIRED. 1. NO PERSON, CORPORATION, PARTNERSHIP OR FIRM SHALL HEREAFTER CARRY ON THE BUSINESS OF AN AUTOMO- BILE BROKER, AS DEFINED IN SECTION SEVEN HUNDRED THIRTY-SIX OF THIS ARTICLE, WITHOUT FIRST HAVING (A) RECEIVED A LICENSE TO ENGAGE IN SUCH PRACTICE IN THE MANNER PRESCRIBED IN THIS ARTICLE, AND (B) OBTAINED A SURETY BOND PRESCRIBED IN SECTION SEVEN HUNDRED FORTY-A OF THIS ARTICLE. 2. NO PERSON SHALL OWN, CONTROL OR OPERATE, WHETHER AS A SOLE PROPRIE- TOR, PARTNER, SHAREHOLDER, OFFICER, INDEPENDENT CONTRACTOR OR OTHER PERSON, AN AUTOMOBILE BROKER BUSINESS, AS DEFINED IN SECTION SEVEN HUNDRED THIRTY-SIX OF THIS ARTICLE, WITHOUT FIRST HAVING (A) RECEIVED A LICENSE TO ENGAGE IN SUCH PRACTICE IN THE MANNER PRESCRIBED IN THIS ARTICLE, AND (B) OBTAINED A SURETY BOND PRESCRIBED IN SECTION SEVEN HUNDRED FORTY-A OF THIS ARTICLE. S 736-B. APPLICATION FOR LICENSES. 1. APPLICATION FOR A LICENSE REQUIRED UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND IN THE FORM PRESCRIBED BY THE SECRETARY, AND SHALL CONTAIN THE FOLLOWING: A. THE EXACT NAME AND THE ADDRESS OF THE APPLICANT AND ITS DATE OF INCORPORATION; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2015-S6704B (ACTIVE) - Details
2015-S6704B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6704B TITLE OF BILL : An act to amend the general business law,in relation to requiring automobile brokers to be licensed PURPOSE : To decrease the incidence of unlawful deceptive practices in the automobile broker business by requiring licensure of automobile brokers and mandating increased penalties for any violation of General Business Law article 43, which regulates to automobile broker business. SUMMARY OF PROVISIONS : Section one of this bill amends subdivision 1 of the General Business Law section 736 by increasing the threshold for becoming an automobile broker business from at least three ten automobiles a year, and also two amends the General Business Law by adding two new subdivisions to define the terms "Secretary" and "Division." Secretary shall mean the Secretary of State and Division shall mean the Division of Criminal Justice Services. Section two of this bill adds four new sections to General Business Law article 43. New section 736-a requires that any person or entity engaged in the automobile broker business shall be licensed and
2015-S6704B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6704--B Cal. No. 607 I N S E N A T E February 8, 2016 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report -- ordered to a 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 requiring auto- mobile brokers to be licensed THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 736 of the general business law, as added by chapter 616 of the laws of 1988, is amended and two new subdivisions 4 and 5 are added to read as follows: 1. "Automobile broker business" means any person who, for a fee, commission or other valuable consideration paid by a consumer offers to provide, provides, or represents that he will provide a service of purchasing, arranging, assisting or effecting the purchase of an automo- bile as agent, broker, or intermediary for a consumer. "Automobile broker business" does not include any person registered as a dealer pursuant to article sixteen of the vehicle and traffic law, or any person who sells, offers for sale or acts as agent, broker or interme- diary in effecting the purchase of [three] TEN or less automobiles in any calendar year. 4. "SECRETARY" MEANS THE SECRETARY OF STATE. 5. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES. S 2. The general business law is amended by adding four new sections 736-a, 736-b, 736-c and 736-d to read as follows: S 736-A. LICENSE AND SURETY BOND REQUIRED. 1. NO PERSON, CORPORATION, PARTNERSHIP OR FIRM SHALL HEREAFTER CARRY ON THE BUSINESS OF AN AUTOMO- BILE BROKER, AS DEFINED IN SECTION SEVEN HUNDRED THIRTY-SIX OF THIS ARTICLE, WITHOUT FIRST HAVING (A) RECEIVED A LICENSE TO ENGAGE IN SUCH PRACTICE IN THE MANNER PRESCRIBED IN THIS ARTICLE, AND (B) OBTAINED A SURETY BOND PRESCRIBED IN SECTION SEVEN HUNDRED FORTY-A OF THIS ARTICLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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