S T A T E O F N E W Y O R K
________________________________________________________________________
4015
2019-2020 Regular Sessions
I N A S S E M B L Y
January 31, 2019
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to motor vehicle dealer
advertising
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 94-c
to read as follows:
§ 94-C. MOTOR VEHICLE DEALER ADVERTISING. 1. THE CONSUMER PROTECTION
DIVISION SHALL, IN CONSULTATION WITH THE DEPARTMENT OF LAW AND THE
DEPARTMENT OF FINANCIAL SERVICES, BE AUTHORIZED TO PROMULGATE REGU-
LATIONS RELATING TO ADVERTISING AND MARKETING BY MOTOR VEHICLE DEALERS.
2. SUCH REGULATIONS SHALL PROHIBIT THE REPRESENTATION, IN ANY FORM, BY
A MOTOR VEHICLE DEALER OR ANY OFFICER OR EMPLOYEE THEREOF, THAT BENEFITS
RECEIVED AS SUPPLEMENTAL SECURITY INCOME OR SOCIAL SECURITY DISABILITY
INCOME SHALL BE A SOLE SUFFICIENT SOURCE OF INCOME FOR THE PURPOSE OF
SECURING CONSUMER MOTOR VEHICLE FINANCING.
3. THE DEPARTMENT OF LAW SHALL HAVE JURISDICTION TO ENFORCE THE REGU-
LATIONS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND
ASSESS CIVIL PENALTIES AND SEEK INJUNCTIONS RELATING THERETO. PROVIDED,
THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT SUCH DEPARTMENT'S
ABILITY TO ENFORCE ANY OTHER PROVISION OF LAW, RULE OR REGULATION RELAT-
ING TO MOTOR VEHICLE DEALERS.
4. THE CONSUMER PROTECTION DIVISION SHALL BE AUTHORIZED TO ESTABLISH
FINES OF NOT MORE THAN TEN THOUSAND DOLLARS FOR ANY VIOLATION OF THE
REGULATIONS ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05529-01-9