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Senate Bill S6623

Signed By Governor

2015-2016 Legislative Session

Relates to penalties for deceptive trade practices and unlawful acts by an automobile broker business

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Archive: Last Bill Status - Signed by Governor

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2015-S6623 (ACTIVE) - Details

See Assembly Version of this Bill:
A10081
Law Section:
General Business Law
Laws Affected:
Amd ยง743, Gen Bus L

2015-S6623 (ACTIVE) - Summary

Relates to increasing penalties for deceptive trade practices and unlawful acts by an automobile broker business.

2015-S6623 (ACTIVE) - Sponsor Memo

2015-S6623 (ACTIVE) - Bill Text download pdf 

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

                                  6623

                            I N  S E N A T E

                            February 1, 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  increasing
  penalties  for deceptive trade practices and unlawful acts by an auto-
  mobile broker business

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

  Section  1. Section 743 of the general business law, as added by chap-
ter 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  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13524-01-6

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