Assembly Bill A5503

2017-2018 Legislative Session

Relates to the payment of restitution by registered and unregistered repair shops

download bill text pdf

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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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2017-A5503 (ACTIVE) - Details

See Senate Version of this Bill:
S8629
Current Committee:
Assembly Codes
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §398-e, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4806
2011-2012: A1153, A8953
2013-2014: A910
2015-2016: A3222
2019-2020: A4344, S2751
2021-2022: S5842
2023-2024: A6229, S3015

2017-A5503 (ACTIVE) - Summary

Establishes that if financial loss has been made and a registrant or unregistered repair shop fails to comply with an order to pay restitution, the commissioner shall, by order, increase the amount of the penalty assessed.

2017-A5503 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5503
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Transportation
 
 AN  ACT to amend the vehicle and traffic law, in relation to the payment
   of restitution by registered and unregistered repair shops
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   Subdivisions 2 and 3 of section 398-e of the vehicle and
 traffic law, as amended by chapter 634 of the laws of  1980,  paragraphs
 (a) and (c) of subdivision 2 and paragraphs (a), (d) and (e) of subdivi-
 sion  3  as amended by chapter 732 of the laws of 1987, paragraph (b) of
 subdivision 2 as amended by section 2 of part OO of chapter  59  of  the
 laws  of  2009  and paragraph (c) of subdivision 3 as amended by chapter
 356 of the laws of 2001, are amended to read as follows:
   2. Civil penalty; suspension for failure to pay. (a) The commissioner,
 or any person deputized by him, may, by order, require a  registrant  or
 an unregistered repair shop to pay to the people of this state a penalty
 as  hereinafter  provided. Such penalty may be imposed in addition to or
 in lieu of revoking or suspending the certificate of registration  of  a
 registrant  in accordance with the provisions of this article, or such a
 penalty may be imposed upon a finding that a registrant or  an  unregis-
 tered  repair shop: (i) has been grossly negligent in the performance of
 any repair or adjustment covered by this article; or  (ii)  has  grossly
 overcharged for such repair or adjustment.
   (b)  (I)  Such  penalty  for  a  first violation shall be in a sum not
 exceeding seven hundred fifty dollars for each violation found  to  have
 been committed, and for a second or subsequent violation not arising out
 of  the  same  incident  both of which were committed within a period of
 thirty months, be in a sum of not more than  one  thousand  dollars  for
 each  violation  found  to  have  been committed; provided, however, the
 penalty for each and any violation of paragraph (g) of  subdivision  one
 of this section found to have been committed shall be no less than three
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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