NY State Assembly Bill 2015-A10097B

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	print number 10097b
Jun 07, 2016	amend and recommit to consumer affairs and protection
Jun 01, 2016	print number 10097a
Jun 01, 2016	amend and recommit to consumer affairs and protection
May 10, 2016	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

2015-A10097 - Details

See Senate Version of this Bill:: S6704
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Amd §§736 & 743, add §§736-a, 736-b, 736-c & 736-d, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: A6884, S5380

2015-A10097 - Summary

Relates to requiring automobile brokers to be licensed and bonded.

2015-A10097 - Bill Text download pdf

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

                                  10097

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Consumer Affairs and 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.

                                                           LBD13244-02-6

A. 10097                            2

ING AND ROOM NUMBER, IF ANY, THE OFFICE BUILDING  AND  ROOM  NUMBER,  IF
ANY, AND THE MUNICIPALITY AND COUNTY;
  D.  IF  THE APPLICANT HAS ONE OR MORE BRANCHES, SUBSIDIARIES OR AFFIL-
IATES OPERATING IN THE STATE, THE COMPLETE ADDRESS OF EACH SUCH PLACE OF
BUSINESS; AND
  E. A COMPLETE SET OF TWO FINGERPRINT  CARDS  FOR  EACH  PRINCIPAL  AND
OFFICER  OF THE APPLICANT ON A STANDARD FINGERPRINT CARD APPROVED BY THE
DIVISION AND A FEE PURSUANT TO  SUBDIVISION  EIGHT-A  OF  SECTION  EIGHT
HUNDRED  THIRTY-SEVEN  OF THE EXECUTIVE LAW, AND AMENDMENTS THERETO, FOR
THE COST OF THE DIVISION'S FULL SEARCH AND RETAIN PROCEDURES, WHICH  FEE
SHALL  BE  REMITTED BY THE DEPARTMENT TO THE DIVISION FOR DEPOSIT BY THE
COMPTROLLER INTO THE GENERAL FUND. BEFORE APPROVING SUCH APPLICATION THE
SECRETARY, OR HIS OR HER DESIGNEE, SHALL FORWARD ONE COPY OF SUCH  FING-
ERPRINT CARD AND THE PROCESSING FEE TO THE DIVISION UPON RECEIPT OF SUCH
FINGERPRINTS.  THE DIVISION SHALL FORWARD TO THE SECRETARY A REPORT WITH
RESPECT TO THE APPLICANT'S PREVIOUS  CRIMINAL  HISTORY,  IF  ANY,  OR  A
STATEMENT  THAT THE APPLICANT HAS NO PREVIOUS CRIMINAL HISTORY ACCORDING
TO ITS FILES. IF ADDITIONAL COPIES OF  FINGERPRINTS  ARE  REQUIRED,  THE
APPLICANT SHALL FURNISH THEM UPON REQUEST.
  2.  UPON  ORIGINAL  APPLICATION FOR A LICENSE TO OPERATE AN AUTOMOBILE
BROKER BUSINESS, THE APPLICANT SHALL PAY AN  APPLICATION  FEE,  IN  SUCH
AMOUNT  AS  MAY  BE  DETERMINED  BY  THE  SECRETARY, NOT TO EXCEED THREE
HUNDRED DOLLARS. UPON APPLICATION FOR A LICENSE  RENEWAL,  THE  LICENSEE
SHALL PAY A RENEWAL PROCESSING FEE IN SUCH AMOUNT AS SHALL BE DETERMINED
BY THE SECRETARY, NOT TO EXCEED THREE HUNDRED DOLLARS.
  S 736-C. CONDITIONS PRECEDENT TO LICENSING. UPON FILING OF AN APPLICA-
TION  FOR  A  LICENSE,  IF  THE SECRETARY SHALL BE SATISFIED OF THE GOOD
CHARACTER, COMPETENCY AND INTEGRITY OF THE APPLICANT, AND OF THE PRINCI-
PALS AND OFFICERS THEREOF ARE SUCH AS TO COMPLY WITH THE  PROVISIONS  OF
THIS  ARTICLE, HE OR SHE SHALL THEREUPON ISSUE A LICENSE IN DUPLICATE TO
OPERATE AN AUTOMOBILE BROKER BUSINESS IN ACCORDANCE WITH THE  PROVISIONS
OF  THIS  ARTICLE. THE SECRETARY SHALL TRANSMIT ONE COPY OF SUCH LICENSE
TO THE LICENSEE AND FILE ANOTHER IN THE OFFICE OF THE  DEPARTMENT.  SUCH
LICENSE  SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF TWO YEARS
UNLESS IT IS SURRENDERED BY THE LICENSEE  OR  REVOKED  OR  SUSPENDED  AS
HEREINAFTER  PROVIDED; IF THE SECRETARY SHALL NOT SO FIND, THE SECRETARY
SHALL NOT ISSUE SUCH LICENSE AND THE SECRETARY SHALL NOTIFY  THE  APPLI-
CANT OF THE DENIAL IN WRITING. THE SECRETARY SHALL APPROVE OR DENY EVERY
APPLICATION  FOR  LICENSE  HEREUNDER  WITHIN NINETY DAYS FROM THE FILING
THEREOF.
  S 736-D. LICENSING. 1. EACH LICENSE ISSUED UNDER  THIS  ARTICLE  SHALL
STATE  THE ADDRESS OR ADDRESSES AT WHICH THE BUSINESS IS TO BE CONDUCTED
AND SHALL STATE FULLY THE NAME OF THE LICENSEE, AND THE DATE  AND  PLACE
OF  ITS  INCORPORATION AND THE EXPIRATION DATE OF THE LICENSE. A COPY OF
SUCH LICENSE SHALL BE PROMINENTLY POSTED IN EACH PLACE  OF  BUSINESS  OF
THE LICENSEE. SUCH LICENSE SHALL NOT BE TRANSFERABLE OR ASSIGNABLE.
  2.  IN THE EVENT THE LOCATION AT WHICH THE BUSINESS IS TO BE CONDUCTED
SHALL BE CHANGED, THE LICENSEE SHALL FORTHWITH NOTIFY THE  SECRETARY  IN
WRITING,  WHO  SHALL  THEREUPON  WITHOUT  CHARGE ATTACH TO THE LICENSE A
RIDER SETTING FORTH SUCH CHANGED LOCATION.
  3. IN THE EVENT THAT THERE SHALL BE ANY CHANGE AMONG THE PRINCIPALS OR
OFFICERS OF ANY LICENSEE, THE LICENSEE SHALL FORTHWITH NOTIFY THE SECRE-
TARY IN WRITING, OF THE NAME AND ADDRESS OF EACH NEW PRINCIPAL OR  OFFI-
CER,  AND  SHALL SUBMIT A COMPLETE SET OF TWO FINGERPRINT CARDS FOR EACH
SUCH PRINCIPAL OR OFFICER IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH

A. 10097                            3

E OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED THIRTY-SIX-B OF THIS ARTI-
CLE.
  4. PRIOR TO OR UPON THE SALE OR TRANSFER OF ALL OR THE MAJORITY OF THE
STOCK OR ASSETS OF ANY AUTOMOBILE BROKER BUSINESS, THE NEW PRINCIPALS OR
OFFICERS SHALL APPLY FOR A NEW LICENSE WITH THE DEPARTMENT IN ACCORDANCE
WITH  THE  PROVISIONS  OF SECTION SEVEN HUNDRED THIRTY-SIX-B AND SECTION
SEVEN HUNDRED THIRTY-SIX-C OF THIS ARTICLE. SUCH  APPLICATION  SHALL  BE
MADE WITHIN SIXTY DAYS OF SUCH SALE OR TRANSFER.
  5.  A  LICENSE  GRANTED  UNDER  THE  PROVISIONS OF THIS ARTICLE MAY BE
RENEWED BY THE SECRETARY UPON APPLICATION THEREFOR BY THE  LICENSEE,  IN
SUCH FORM AS THE SECRETARY MAY PRESCRIBE, ACCOMPANIED BY THE NON-REFUND-
ABLE RENEWAL PROCESSING FEE PURSUANT TO SUBDIVISION TWO OF SECTION SEVEN
HUNDRED THIRTY-SIX-B OF THIS ARTICLE. IN NO EVEN WILL RENEWAL BE GRANTED
MORE  THAN  SIX  MONTHS  AFTER  THE  DATE OF EXPIRATION OF A LICENSE. NO
PERSON, FIRM, COMPANY, PARTNERSHIP OR CORPORATION  SHALL  CARRY  ON  ANY
BUSINESS  SUBJECT  TO  THIS  ARTICLE  DURING  ANY PERIOD WHICH MAY EXIST
BETWEEN THE DATE OF EXPIRATION OF A LICENSE AND THE RENEWAL THEREOF.
  S 3. Section 743 of the general business law, as added by chapter  616
of the laws of 1988, is amended to read as follows:
  S 743. Enforcement by attorney general. In addition to the other reme-
dies  provided,  whenever  there  shall  be a violation of this article,
application may be made by the attorney  general  in  the  name  of  the
people  of  the state of New York to a court or justice having jurisdic-
tion by a special proceeding to issue an injunction, and upon notice  to
the  defendant  of  not  less than five days, to enjoin and restrain the
continuance of such violations; and if it shall appear to the  satisfac-
tion  of  the court or justice that the defendant has, in fact, violated
this article, an injunction may be issued  by  such  court  or  justice,
enjoining and restraining any further violation, without requiring proof
that  any  person  has, in fact, been injured or damaged thereby. In any
such proceeding, the court may make allowances to the  attorney  general
as  provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and  direct  restitu-
tion.  Whenever the court shall determine that a violation of this arti-
cle has occurred, the court [may] SHALL impose a civil  penalty  of  not
[more]  LESS  than one thousand dollars AND NOT MORE THAN THREE THOUSAND
DOLLARS for each violation. In connection with any such proposed  appli-
cation,  the  attorney  general  is  authorized to take proof and make a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become a law; provided, however, that the secretary of state shall
take actions necessary to provide for the issuance of licenses  pursuant
to section 736-d of the general business law, as added by section two of
this act, prior to such date.

2015-A10097A - Details

See Senate Version of this Bill:: S6704
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Amd §§736 & 743, add §§736-a, 736-b, 736-c & 736-d, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: A6884, S5380

2015-A10097A - Summary

Relates to requiring automobile brokers to be licensed and bonded.

2015-A10097A - Bill Text download pdf

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

                                10097--A

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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;

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

                                                           LBD13244-04-6

A. 10097--A                         2

  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-
ING  AND  ROOM  NUMBER,  IF ANY, THE OFFICE BUILDING AND ROOM NUMBER, IF
ANY, AND THE MUNICIPALITY AND COUNTY;
  D.  IF  THE APPLICANT HAS ONE OR MORE BRANCHES, SUBSIDIARIES OR AFFIL-
IATES OPERATING IN THE STATE, THE COMPLETE ADDRESS OF EACH SUCH PLACE OF
BUSINESS; AND
  E. A COMPLETE SET OF TWO FINGERPRINT  CARDS  FOR  EACH  PRINCIPAL  AND
OFFICER  OF THE APPLICANT ON A STANDARD FINGERPRINT CARD APPROVED BY THE
DIVISION AND A FEE PURSUANT TO  SUBDIVISION  EIGHT-A  OF  SECTION  EIGHT
HUNDRED  THIRTY-SEVEN  OF THE EXECUTIVE LAW, AND AMENDMENTS THERETO, FOR
THE COST OF THE DIVISION'S FULL SEARCH AND RETAIN PROCEDURES, WHICH  FEE
SHALL  BE  REMITTED  BY THE SECRETARY TO THE DIVISION FOR DEPOSIT BY THE
COMPTROLLER INTO THE GENERAL FUND. BEFORE APPROVING SUCH APPLICATION THE
SECRETARY, OR HIS OR HER DESIGNEE, SHALL FORWARD ONE COPY OF SUCH  FING-
ERPRINT CARD AND THE PROCESSING FEE TO THE DIVISION UPON RECEIPT OF SUCH
FINGERPRINTS.  THE DIVISION SHALL FORWARD TO THE SECRETARY A REPORT WITH
RESPECT TO THE APPLICANT'S PREVIOUS  CRIMINAL  HISTORY,  IF  ANY,  OR  A
STATEMENT  THAT THE APPLICANT HAS NO PREVIOUS CRIMINAL HISTORY ACCORDING
TO ITS FILES. IF ADDITIONAL COPIES OF  FINGERPRINTS  ARE  REQUIRED,  THE
APPLICANT SHALL FURNISH THEM UPON REQUEST.
  2.  UPON  ORIGINAL  APPLICATION FOR A LICENSE TO OPERATE AN AUTOMOBILE
BROKER BUSINESS, THE APPLICANT SHALL PAY AN  APPLICATION  FEE,  IN  SUCH
AMOUNT  AS  MAY  BE  DETERMINED  BY  THE  SECRETARY, NOT TO EXCEED THREE
HUNDRED DOLLARS. UPON APPLICATION FOR A LICENSE  RENEWAL,  THE  LICENSEE
SHALL PAY A RENEWAL PROCESSING FEE IN SUCH AMOUNT AS SHALL BE DETERMINED
BY THE SECRETARY, NOT TO EXCEED THREE HUNDRED DOLLARS.
  S 736-C. CONDITIONS PRECEDENT TO LICENSING. UPON FILING OF AN APPLICA-
TION  FOR  A  LICENSE,  IF  THE SECRETARY SHALL BE SATISFIED OF THE GOOD
CHARACTER, COMPETENCY AND INTEGRITY OF THE APPLICANT, AND OF THE PRINCI-
PALS AND OFFICERS THEREOF ARE SUCH AS TO COMPLY WITH THE  PROVISIONS  OF
THIS  ARTICLE, HE OR SHE SHALL THEREUPON ISSUE A LICENSE IN DUPLICATE TO
OPERATE AN AUTOMOBILE BROKER BUSINESS IN ACCORDANCE WITH THE  PROVISIONS
OF  THIS  ARTICLE. THE SECRETARY SHALL TRANSMIT ONE COPY OF SUCH LICENSE
TO THE LICENSEE AND FILE ANOTHER WITH THE SECRETARY.  SUCH LICENSE SHALL
REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF TWO YEARS UNLESS  IT  IS
SURRENDERED  BY  THE  LICENSEE  OR  REVOKED  OR SUSPENDED AS HEREINAFTER
PROVIDED; IF THE SECRETARY SHALL NOT SO FIND, THE  SECRETARY  SHALL  NOT
ISSUE  SUCH  LICENSE AND THE SECRETARY SHALL NOTIFY THE APPLICANT OF THE
DENIAL IN WRITING. THE SECRETARY SHALL APPROVE OR DENY EVERY APPLICATION
FOR LICENSE HEREUNDER WITHIN NINETY DAYS FROM THE FILING THEREOF.
  S 736-D. LICENSING. 1. EACH LICENSE ISSUED UNDER  THIS  ARTICLE  SHALL
STATE  THE ADDRESS OR ADDRESSES AT WHICH THE BUSINESS IS TO BE CONDUCTED
AND SHALL STATE FULLY THE NAME OF THE LICENSEE, AND THE DATE  AND  PLACE
OF  ITS  INCORPORATION AND THE EXPIRATION DATE OF THE LICENSE. A COPY OF
SUCH LICENSE SHALL BE PROMINENTLY POSTED IN EACH PLACE  OF  BUSINESS  OF
THE LICENSEE. SUCH LICENSE SHALL NOT BE TRANSFERABLE OR ASSIGNABLE.
  2.  IN THE EVENT THE LOCATION AT WHICH THE BUSINESS IS TO BE CONDUCTED
SHALL BE CHANGED, THE LICENSEE SHALL FORTHWITH NOTIFY THE  SECRETARY  IN
WRITING,  WHO  SHALL  THEREUPON  WITHOUT  CHARGE ATTACH TO THE LICENSE A
RIDER SETTING FORTH SUCH CHANGED LOCATION.
  3. IN THE EVENT THAT THERE SHALL BE ANY CHANGE AMONG THE PRINCIPALS OR
OFFICERS OF ANY LICENSEE, THE LICENSEE SHALL FORTHWITH NOTIFY THE SECRE-
TARY IN WRITING, OF THE NAME AND ADDRESS OF EACH NEW PRINCIPAL OR  OFFI-
CER,  AND  SHALL SUBMIT A COMPLETE SET OF TWO FINGERPRINT CARDS FOR EACH
SUCH PRINCIPAL OR OFFICER IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH

A. 10097--A                         3

E OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED THIRTY-SIX-B OF THIS ARTI-
CLE.
  4. PRIOR TO OR UPON THE SALE OR TRANSFER OF ALL OR THE MAJORITY OF THE
STOCK OR ASSETS OF ANY AUTOMOBILE BROKER BUSINESS, THE NEW PRINCIPALS OR
OFFICERS  SHALL APPLY FOR A NEW LICENSE WITH THE SECRETARY IN ACCORDANCE
WITH THE PROVISIONS OF SECTION SEVEN HUNDRED  THIRTY-SIX-B  AND  SECTION
SEVEN  HUNDRED  THIRTY-SIX-C  OF THIS ARTICLE. SUCH APPLICATION SHALL BE
MADE WITHIN SIXTY DAYS OF SUCH SALE OR TRANSFER.
  5. A LICENSE GRANTED UNDER THE  PROVISIONS  OF  THIS  ARTICLE  MAY  BE
RENEWED  BY  THE SECRETARY UPON APPLICATION THEREFOR BY THE LICENSEE, IN
SUCH FORM AS THE SECRETARY MAY PRESCRIBE, ACCOMPANIED BY THE NON-REFUND-
ABLE RENEWAL PROCESSING FEE PURSUANT TO SUBDIVISION TWO OF SECTION SEVEN
HUNDRED THIRTY-SIX-B OF THIS ARTICLE. IN NO EVEN WILL RENEWAL BE GRANTED
MORE THAN SIX MONTHS AFTER THE DATE  OF  EXPIRATION  OF  A  LICENSE.  NO
PERSON,  FIRM,  COMPANY,  PARTNERSHIP  OR CORPORATION SHALL CARRY ON ANY
BUSINESS SUBJECT TO THIS ARTICLE  DURING  ANY  PERIOD  WHICH  MAY  EXIST
BETWEEN THE DATE OF EXPIRATION OF A LICENSE AND THE RENEWAL THEREOF.
  S  3. Section 743 of the general business law, as added by chapter 616
of the laws of 1988, is amended to read as follows:
  S 743. Enforcement by attorney general. In addition to the other reme-
dies provided, whenever there shall be  a  violation  of  this  article,
application  may  be  made  by  the  attorney general in the name of the
people of the state of New York to a court or justice  having  jurisdic-
tion  by a special proceeding to issue an injunction, and upon notice to
the defendant of not less than five days, to  enjoin  and  restrain  the
continuance  of such violations; and if it shall appear to the satisfac-
tion of the court or justice that the defendant has, in  fact,  violated
this  article,  an  injunction  may  be issued by such court or justice,
enjoining and restraining any further violation, without requiring proof
that any person has, in fact, been injured or damaged  thereby.  In  any
such  proceeding,  the court may make allowances to the attorney general
as provided in paragraph six of subdivision (a) of section  eighty-three
hundred  three  of the civil practice law and rules, and direct restitu-
tion. Whenever the court shall determine that a violation of this  arti-
cle  has  occurred,  the court [may] SHALL impose a civil penalty of not
[more] LESS than one thousand dollars AND NOT MORE THAN  THREE  THOUSAND
DOLLARS  for each violation. In connection with any such proposed appli-
cation, the attorney general is authorized to  take  proof  and  make  a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the secretary of state  shall
take  actions necessary to provide for the issuance of licenses pursuant
to section 736-d of the general business law, as added by section two of
this act, prior to such date.

2015-A10097B (ACTIVE) - Details

See Senate Version of this Bill:: S6704
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Amd §§736 & 743, add §§736-a, 736-b, 736-c & 736-d, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: A6884, S5380

2015-A10097B (ACTIVE) - Summary

Relates to requiring automobile brokers to be licensed and bonded.

2015-A10097B (ACTIVE) - Bill Text download pdf

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

                                10097--B

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13244-06-6

A. 10097--B                         2

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-
ING  AND  ROOM  NUMBER,  IF ANY, THE OFFICE BUILDING AND ROOM NUMBER, IF
ANY, AND THE MUNICIPALITY AND COUNTY;
  D. IF THE APPLICANT HAS ONE OR MORE BRANCHES, SUBSIDIARIES  OR  AFFIL-
IATES OPERATING IN THE STATE, THE COMPLETE ADDRESS OF EACH SUCH PLACE OF
BUSINESS; AND
  E.  A  COMPLETE  SET  OF  TWO FINGERPRINT CARDS FOR EACH PRINCIPAL AND
OFFICER OF THE APPLICANT ON A STANDARD FINGERPRINT CARD APPROVED BY  THE
DIVISION  AND  A  FEE  PURSUANT  TO SUBDIVISION EIGHT-A OF SECTION EIGHT
HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND AMENDMENTS  THERETO,  FOR
THE  COST OF THE DIVISION'S FULL SEARCH AND RETAIN PROCEDURES, WHICH FEE
SHALL BE REMITTED BY THE SECRETARY TO THE DIVISION FOR  DEPOSIT  BY  THE
COMPTROLLER INTO THE GENERAL FUND. BEFORE APPROVING SUCH APPLICATION THE
SECRETARY,  OR HIS OR HER DESIGNEE, SHALL FORWARD ONE COPY OF SUCH FING-
ERPRINT CARD AND THE PROCESSING FEE TO THE DIVISION UPON RECEIPT OF SUCH
FINGERPRINTS. THE DIVISION SHALL FORWARD TO THE SECRETARY A REPORT  WITH
RESPECT  TO  THE  APPLICANT'S  PREVIOUS  CRIMINAL  HISTORY, IF ANY, OR A
STATEMENT THAT THE APPLICANT HAS NO PREVIOUS CRIMINAL HISTORY  ACCORDING
TO  ITS  FILES.  IF  ADDITIONAL COPIES OF FINGERPRINTS ARE REQUIRED, THE
APPLICANT SHALL FURNISH THEM UPON REQUEST.
  2. UPON ORIGINAL APPLICATION FOR A LICENSE TO  OPERATE  AN  AUTOMOBILE
BROKER  BUSINESS,  THE  APPLICANT  SHALL PAY AN APPLICATION FEE, IN SUCH
AMOUNT AS MAY BE DETERMINED  BY  THE  SECRETARY,  NOT  TO  EXCEED  THREE
HUNDRED  DOLLARS.  UPON  APPLICATION FOR A LICENSE RENEWAL, THE LICENSEE
SHALL PAY A RENEWAL PROCESSING FEE IN SUCH AMOUNT AS SHALL BE DETERMINED
BY THE SECRETARY, NOT TO EXCEED THREE HUNDRED DOLLARS.
  S 736-C. CONDITIONS PRECEDENT TO LICENSING. UPON FILING OF AN APPLICA-
TION FOR A LICENSE, IF THE SECRETARY SHALL  BE  SATISFIED  OF  THE  GOOD
CHARACTER, COMPETENCY AND INTEGRITY OF THE APPLICANT, AND OF THE PRINCI-
PALS  AND  OFFICERS THEREOF ARE SUCH AS TO COMPLY WITH THE PROVISIONS OF
THIS ARTICLE, HE OR SHE SHALL THEREUPON ISSUE A LICENSE IN DUPLICATE  TO
OPERATE  AN AUTOMOBILE BROKER BUSINESS IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE. THE SECRETARY SHALL TRANSMIT ONE COPY OF  SUCH  LICENSE
TO THE LICENSEE AND FILE ANOTHER WITH THE SECRETARY.  SUCH LICENSE SHALL
REMAIN  IN  FULL FORCE AND EFFECT FOR A PERIOD OF TWO YEARS UNLESS IT IS
SURRENDERED BY THE LICENSEE  OR  REVOKED  OR  SUSPENDED  AS  HEREINAFTER
PROVIDED;  IF  THE  SECRETARY SHALL NOT SO FIND, THE SECRETARY SHALL NOT
ISSUE SUCH LICENSE AND THE SECRETARY SHALL NOTIFY THE APPLICANT  OF  THE
DENIAL IN WRITING. THE SECRETARY SHALL APPROVE OR DENY EVERY APPLICATION
FOR LICENSE HEREUNDER WITHIN NINETY DAYS FROM THE FILING THEREOF.
  S  736-D.  LICENSING.  1. EACH LICENSE ISSUED UNDER THIS ARTICLE SHALL
STATE THE ADDRESS OR ADDRESSES AT WHICH THE BUSINESS IS TO BE  CONDUCTED
AND  SHALL  STATE FULLY THE NAME OF THE LICENSEE, AND THE DATE AND PLACE
OF ITS INCORPORATION AND THE EXPIRATION DATE OF THE LICENSE. A  COPY  OF
SUCH  LICENSE  SHALL  BE PROMINENTLY POSTED IN EACH PLACE OF BUSINESS OF
THE LICENSEE. SUCH LICENSE SHALL NOT BE TRANSFERABLE OR ASSIGNABLE.

A. 10097--B                         3

  2. IN THE EVENT THE LOCATION AT WHICH THE BUSINESS IS TO BE  CONDUCTED
SHALL  BE  CHANGED, THE LICENSEE SHALL FORTHWITH NOTIFY THE SECRETARY IN
WRITING, WHO SHALL THEREUPON WITHOUT CHARGE  ATTACH  TO  THE  LICENSE  A
RIDER SETTING FORTH SUCH CHANGED LOCATION.
  3. IN THE EVENT THAT THERE SHALL BE ANY CHANGE AMONG THE PRINCIPALS OR
OFFICERS OF ANY LICENSEE, THE LICENSEE SHALL FORTHWITH NOTIFY THE SECRE-
TARY  IN WRITING, OF THE NAME AND ADDRESS OF EACH NEW PRINCIPAL OR OFFI-
CER, AND SHALL SUBMIT A COMPLETE SET OF TWO FINGERPRINT CARDS  FOR  EACH
SUCH PRINCIPAL OR OFFICER IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH
E OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED THIRTY-SIX-B OF THIS ARTI-
CLE.
  4. PRIOR TO OR UPON THE SALE OR TRANSFER OF ALL OR THE MAJORITY OF THE
STOCK OR ASSETS OF ANY AUTOMOBILE BROKER BUSINESS, THE NEW PRINCIPALS OR
OFFICERS  SHALL APPLY FOR A NEW LICENSE WITH THE SECRETARY IN ACCORDANCE
WITH THE PROVISIONS OF SECTION SEVEN HUNDRED  THIRTY-SIX-B  AND  SECTION
SEVEN  HUNDRED  THIRTY-SIX-C  OF THIS ARTICLE. SUCH APPLICATION SHALL BE
MADE WITHIN SIXTY DAYS OF SUCH SALE OR TRANSFER.
  5. A LICENSE GRANTED UNDER THE  PROVISIONS  OF  THIS  ARTICLE  MAY  BE
RENEWED  BY  THE SECRETARY UPON APPLICATION THEREFOR BY THE LICENSEE, IN
SUCH FORM AS THE SECRETARY MAY PRESCRIBE, ACCOMPANIED BY THE NON-REFUND-
ABLE RENEWAL PROCESSING FEE PURSUANT TO SUBDIVISION TWO OF SECTION SEVEN
HUNDRED THIRTY-SIX-B OF THIS ARTICLE. IN NO EVENT WILL RENEWAL BE GRANT-
ED MORE THAN SIX MONTHS AFTER THE DATE OF EXPIRATION OF  A  LICENSE.  NO
PERSON,  FIRM,  COMPANY,  PARTNERSHIP  OR CORPORATION SHALL CARRY ON ANY
BUSINESS SUBJECT TO THIS ARTICLE  DURING  ANY  PERIOD  WHICH  MAY  EXIST
BETWEEN THE DATE OF EXPIRATION OF A LICENSE AND THE RENEWAL THEREOF.
  S  3. Section 743 of the general business law, as added by chapter 616
of the laws of 1988, is amended to read as follows:
  S 743. Enforcement by attorney general. In addition to the other reme-
dies provided, whenever there shall be  a  violation  of  this  article,
application  may  be  made  by  the  attorney general in the name of the
people of the state of New York to a court or justice  having  jurisdic-
tion  by a special proceeding to issue an injunction, and upon notice to
the defendant of not less than five days, to  enjoin  and  restrain  the
continuance  of such violations; and if it shall appear to the satisfac-
tion of the court or justice that the defendant has, in  fact,  violated
this  article,  an  injunction  may  be issued by such court or justice,
enjoining and restraining any further violation, without requiring proof
that any person has, in fact, been injured or damaged  thereby.  In  any
such  proceeding,  the court may make allowances to the attorney general
as provided in paragraph six of subdivision (a) of section  eighty-three
hundred  three  of the civil practice law and rules, and direct restitu-
tion. Whenever the court shall determine that a violation of this  arti-
cle  has  occurred,  the court [may] SHALL impose a civil penalty of not
[more] LESS than one thousand dollars AND NOT MORE THAN  THREE  THOUSAND
DOLLARS  for each violation. In connection with any such proposed appli-
cation, the attorney general is authorized to  take  proof  and  make  a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the secretary of state  shall
take  actions necessary to provide for the issuance of licenses pursuant
to section 736-d of the general business law, as added by section two of
this act, prior to such date.

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Assembly Bill A10097B

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Archive: Last Bill Status - In Assembly Committee

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2015-A10097B (ACTIVE) - Details

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Assembly Bill A10097B

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ABBATE

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-A10097 - Details

2015-A10097 - Summary

2015-A10097 - Bill Text download pdf

2015-A10097A - Details

2015-A10097A - Summary

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2015-A10097B (ACTIVE) - Details

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