Assembly Bill A6655E

2019-2020 Legislative Session

Relates to designating new automotive broker businesses

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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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A6655 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §415, V & T L; amd Gen Bus L, generally; amd §337, Pers Prop L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1932
2023-2024: A3499

2019-A6655 - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

2019-A6655 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6655
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the vehicle and traffic law  and  the  general  business
   law, in relation to designating new automotive broker businesses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 415 of the vehicle and traffic law
 is amended by adding a new paragraph n to read as follows:
   N. "NEW AUTOMOBILE BROKER BUSINESS" SHALL HAVE THE SAME MEANING AS SET
 FORTH IN SUBDIVISION FOUR OF SECTION SEVEN  HUNDRED  THIRTY-SIX  OF  THE
 GENERAL BUSINESS LAW.
   §  2.  Section  736 of the general business law is amended by adding a
 new subdivision 4 to read as follows:
   4. "NEW AUTOMOBILE BROKER BUSINESS" MEANS ANY PERSON WHO, FOR  A  FEE,
 COMMISSION  OR  OTHER VALUABLE CONSIDERATION, REGARDLESS OF WHETHER SUCH
 FEE, COMMISSION OR CONSIDERATION IS PAID DIRECTLY BY A CONSUMER,  OFFERS
 TO PROVIDE, PROVIDES OR REPRESENTS THAT HE OR SHE WILL PROVIDE A SERVICE
 OF  PURCHASING,  ARRANGING,  ASSISTING,  FACILITATING  OR  EFFECTING THE
 PURCHASE OR LEASE OF A  PREVIOUSLY  UNREGISTERED  AUTOMOBILE  AS  AGENT,
 BROKER, OR INTERMEDIARY FOR A CONSUMER. "NEW AUTOMOBILE BROKER BUSINESS"
 DOES  NOT  INCLUDE ANY PERSON REGISTERED AS A NEW VEHICLE DEALER FOR THE
 NEW AUTOMOBILE BRAND OR BRANDS FOR WHICH  SUCH  SERVICES  ARE  PROVIDED,
 PURSUANT  TO ARTICLE SIXTEEN OF THE VEHICLE AND TRAFFIC LAW NOR ANY BONA
 FIDE EMPLOYEE, AS OPPOSED TO AN INDEPENDENT CONTRACTOR, OF SUCH A REGIS-
 TERED DEALER WHILE ACTING FOR SUCH DEALER.  FOR THE PURPOSES HEREOF, ANY
 EMPLOYEE WHO, PURSUANT TO DEPARTMENT  OF  LABOR  GUIDELINES,  RULES  AND
 REGULATIONS,  WOULD BE AN INDEPENDENT CONTRACTOR FOR A REGISTERED DEALER
 SHALL NOT BE DEEMED A BONA FIDE EMPLOYEE.
   § 3. Subdivision 3-a and paragraph b-3 of subdivision 5 of section 415
 of the vehicle and traffic law, as added by chapter 477 of the  laws  of
 2017, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A6655A - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §415, V & T L; amd Gen Bus L, generally; amd §337, Pers Prop L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1932
2023-2024: A3499

2019-A6655A - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

2019-A6655A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6655--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  ABBATE,  STIRPE, REYES, DenDEKKER,
   TAYLOR,  CYMBROWITZ,  DICKENS,  M. G. MILLER,   D'URSO,   ENGLEBRIGHT,
   D. ROSENTHAL,  GALEF,  GOTTFRIED,  RAMOS,  DeSTEFANO,  MIKULIN, SMITH,
   SAYEGH, WILLIAMS, COOK, ABINANTI, McDONOUGH, QUART,  SEAWRIGHT,  LiPE-
   TRI,  REILLY,  B. MILLER,  ROZIC,  PALUMBO,  EPSTEIN, FERNANDEZ, RYAN,
   STECK, CRUZ, PHEFFER AMATO,  PICHARDO,  RAIA,  RA,  BENEDETTO,  BYRNE,
   JACOBSON,  BUCHWALD,  HYNDMAN  --  Multi-Sponsored  by  --  M.  of  A.
   DE LA ROSA, LAWRENCE, SIMON -- 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 vehicle and traffic law  and  the  general  business
   law, in relation to designating new automotive broker businesses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 415 of the vehicle and traffic law
 is amended by adding a new paragraph n to read as follows:
   N. "NEW AUTOMOBILE BROKER BUSINESS" SHALL HAVE THE SAME MEANING AS SET
 FORTH IN SUBDIVISION FOUR OF SECTION SEVEN  HUNDRED  THIRTY-SIX  OF  THE
 GENERAL BUSINESS LAW.
   §  2.  Section  736 of the general business law is amended by adding a
 new subdivision 4 to read as follows:
   4. "NEW AUTOMOBILE BROKER BUSINESS" MEANS ANY PERSON WHO, FOR  A  FEE,
 COMMISSION  OR  OTHER VALUABLE CONSIDERATION, REGARDLESS OF WHETHER SUCH
 FEE, COMMISSION OR CONSIDERATION IS PAID DIRECTLY BY A CONSUMER,  OFFERS
 TO PROVIDE, PROVIDES OR REPRESENTS THAT HE OR SHE WILL PROVIDE A SERVICE
 OF  PURCHASING,  ARRANGING,  ASSISTING,  FACILITATING  OR  EFFECTING THE
 PURCHASE OR LEASE OF A PREVIOUSLY UNREGISTERED AUTOMOBILE; THROUGH A NEW
 MOTOR VEHICLE DEALER, AS AGENT, BROKER, OR INTERMEDIARY FOR A  CONSUMER.
 "NEW  AUTOMOBILE BROKER BUSINESS" DOES NOT INCLUDE ANY PERSON REGISTERED
 AS A NEW VEHICLE DEALER FOR THE NEW AUTOMOBILE BRAND OR BRANDS FOR WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A6655B - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §415, V & T L; amd Gen Bus L, generally; amd §337, Pers Prop L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1932
2023-2024: A3499

2019-A6655B - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

2019-A6655B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6655--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  ABBATE,  STIRPE, REYES, DenDEKKER,
   TAYLOR,  CYMBROWITZ,  DICKENS,  M. G. MILLER,   D'URSO,   ENGLEBRIGHT,
   D. ROSENTHAL,  GALEF,  GOTTFRIED,  RAMOS,  DeSTEFANO,  MIKULIN, SMITH,
   SAYEGH, WILLIAMS, COOK, ABINANTI, McDONOUGH, QUART,  SEAWRIGHT,  LiPE-
   TRI,  REILLY,  B. MILLER,  ROZIC,  PALUMBO,  EPSTEIN, FERNANDEZ, RYAN,
   STECK, CRUZ, PHEFFER AMATO,  PICHARDO,  RAIA,  RA,  BENEDETTO,  BYRNE,
   JACOBSON,  BUCHWALD,  HYNDMAN,  PERRY, THIELE, SOLAGES, LAVINE, STERN,
   GARBARINO, GRIFFIN -- Multi-Sponsored  by  --  M.  of  A.  DE LA ROSA,
   FITZPATRICK,  HEVESI, LAWRENCE, SIMON -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- again  reported  from  said  committee  with  amendments,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the vehicle and traffic law and the general business
   law, in relation to designating new automotive broker businesses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Paragraph a of subdivision 1 of section 415 of the vehicle
 and traffic law, as amended by chapter 554  of  the  laws  of  2015,  is
 amended and a new paragraph n is added to read as follows:
   a.  "Dealer" means a person engaged in the business of buying, selling
 or dealing in motor vehicles, motorcycles or trailers, other than mobile
 homes or manufactured homes, at retail or  wholesale;  except,  however,
 trailers  with  an  unladen weight of less than one thousand pounds. For
 the purposes of this section, a "mobile  home"  or  "manufactured  home"
 means  a  mobile  home  or  manufactured  home as defined in section one
 hundred twenty-two-c of this chapter. Any person who  sells,  or  offers
 for sale OR LEASE more than five motor vehicles, motorcycles or trailers
 in  any calendar year or who displays or permits the display of three or
 more motor vehicles, motorcycles or trailers for sale at any one time or
 within any one calendar month upon premises owned or controlled  by  him
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A6655C - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §415, V & T L; amd Gen Bus L, generally; amd §337, Pers Prop L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1932
2023-2024: A3499

2019-A6655C - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

2019-A6655C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6655--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  ABBATE,  STIRPE, REYES, DenDEKKER,
   TAYLOR,  CYMBROWITZ,  DICKENS,  M. G. MILLER,   D'URSO,   ENGLEBRIGHT,
   D. ROSENTHAL,  GALEF,  GOTTFRIED,  RAMOS,  DeSTEFANO,  MIKULIN, SMITH,
   SAYEGH, WILLIAMS, COOK, ABINANTI, McDONOUGH, QUART,  SEAWRIGHT,  LiPE-
   TRI,  REILLY,  B. MILLER,  ROZIC,  PALUMBO,  EPSTEIN, FERNANDEZ, RYAN,
   STECK, CRUZ, PHEFFER AMATO,  PICHARDO,  RAIA,  RA,  BENEDETTO,  BYRNE,
   JACOBSON,  BUCHWALD,  HYNDMAN,  PERRY, THIELE, SOLAGES, LAVINE, STERN,
   GARBARINO, GRIFFIN -- Multi-Sponsored  by  --  M.  of  A.  DE LA ROSA,
   FITZPATRICK,  HEVESI, LAWRENCE, SIMON -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- again  reported  from  said  committee  with  amendments,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the vehicle and traffic law and the general business
   law, in relation to designating new automotive broker businesses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph a of subdivision 1 of section 415 of the vehicle
 and traffic law, as amended by chapter 554  of  the  laws  of  2015,  is
 amended and a new paragraph n is added to read as follows:
   a.  "Dealer" means a person engaged in the business of buying, selling
 or dealing in motor vehicles, motorcycles or trailers, other than mobile
 homes or manufactured homes, at retail or  wholesale;  except,  however,
 trailers  with  an  unladen weight of less than one thousand pounds. For
 the purposes of this section, a "mobile  home"  or  "manufactured  home"
 means  a  mobile  home  or  manufactured  home as defined in section one
 hundred twenty-two-c of this chapter. Any person who  sells,  or  offers
 for sale OR LEASE more than five motor vehicles, motorcycles or trailers
 in  any calendar year or who displays or permits the display of three or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A6655D - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §415, V & T L; amd Gen Bus L, generally; amd §337, Pers Prop L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1932
2023-2024: A3499

2019-A6655D - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

2019-A6655D - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6655--D
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  ABBATE,  STIRPE, REYES, DenDEKKER,
   TAYLOR,  CYMBROWITZ,  DICKENS,  M. G. MILLER,   D'URSO,   ENGLEBRIGHT,
   D. ROSENTHAL,  GALEF,  GOTTFRIED,  RAMOS,  DeSTEFANO,  MIKULIN, SMITH,
   SAYEGH, WILLIAMS, COOK, ABINANTI, McDONOUGH, QUART,  SEAWRIGHT,  LiPE-
   TRI,  REILLY,  B. MILLER,  ROZIC,  PALUMBO,  EPSTEIN, FERNANDEZ, RYAN,
   STECK, CRUZ, PHEFFER AMATO,  PICHARDO,  RAIA,  RA,  BENEDETTO,  BYRNE,
   JACOBSON,  BUCHWALD,  HYNDMAN,  PERRY, THIELE, SOLAGES, LAVINE, STERN,
   GARBARINO, GRIFFIN -- Multi-Sponsored  by  --  M.  of  A.  DE LA ROSA,
   FITZPATRICK,  HEVESI, LAWRENCE, SIMON -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- again  reported  from  said  committee  with  amendments,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee
 
 AN  ACT  to  amend  the vehicle and traffic law and the general business
   law, in relation to designating new automotive broker businesses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph a of subdivision 1 of section 415 of the vehicle
 and traffic law, as amended by chapter 554  of  the  laws  of  2015,  is
 amended and a new paragraph n is added to read as follows:
   a.  "Dealer" means a person engaged in the business of buying, selling
 or dealing in motor vehicles, motorcycles or trailers, other than mobile
 homes or manufactured homes, at retail or  wholesale;  except,  however,
 trailers  with  an  unladen weight of less than one thousand pounds. For
 the purposes of this section, a "mobile  home"  or  "manufactured  home"
 means  a  mobile  home  or  manufactured  home as defined in section one
 hundred twenty-two-c of this chapter. Any person who  sells,  or  offers
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A6655E (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §415, V & T L; amd Gen Bus L, generally; amd §337, Pers Prop L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1932
2023-2024: A3499

2019-A6655E (ACTIVE) - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

2019-A6655E (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6655--E
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  ABBATE,  STIRPE, REYES, DenDEKKER,
   TAYLOR,  CYMBROWITZ,  DICKENS,  M. G. MILLER,   D'URSO,   ENGLEBRIGHT,
   D. ROSENTHAL,  GALEF,  GOTTFRIED,  RAMOS,  DeSTEFANO,  MIKULIN, SMITH,
   SAYEGH, WILLIAMS, COOK, ABINANTI, QUART, SEAWRIGHT,  LiPETRI,  REILLY,
   B. MILLER,  ROZIC,  PALUMBO,  EPSTEIN,  FERNANDEZ,  RYAN, STECK, CRUZ,
   PHEFFER AMATO, PICHARDO, RA,  BENEDETTO,  BYRNE,  JACOBSON,  BUCHWALD,
   HYNDMAN,  PERRY,  THIELE,  SOLAGES, LAVINE, STERN, GARBARINO, GRIFFIN,
   JONES,  BUTTENSCHON,  BLAKE,  PAULIN,   BRAUNSTEIN,   FALL,   FRONTUS,
   L. ROSENTHAL,  WALLACE  --  Multi-Sponsored by -- M. of A. DE LA ROSA,
   FITZPATRICK, HEVESI, LAWRENCE, SIMON -- read once and referred to  the
   Committee  on Consumer Affairs and Protection -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  again  reported  from  said  committee with amendments,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee -- recommitted to the  Committee  on  Consumer  Affairs  and
   Protection  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general business law, the vehicle  and  traffic  law
   and  the personal property law, in relation to designating new automo-
   tive broker businesses
 
   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 amended by chapter 28 of the laws of  2018,  is  amended  and  a  new
 subdivision 4 is added to read as follows:
   1.  "Automobile  broker  business"  means  any  person who, for a fee,
 commission or other valuable consideration, regardless of  whether  such

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

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