A10081 Summary:

BILL NOA10081
 
SAME ASSAME AS S06623
 
SPONSORAbbate
 
COSPNSR
 
MLTSPNSR
 
Amd 743, Gen Bus L
 
Relates to increasing penalties for deceptive trade practices and unlawful acts by an automobile broker business.
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A10081 Actions:

BILL NOA10081
 
05/10/2016referred to consumer affairs and protection
06/01/2016reported referred to codes
06/16/2016reported referred to rules
06/17/2016reported
06/17/2016rules report cal.525
06/17/2016substituted by s6623
 S06623 AMEND= GOLDEN
 02/01/2016REFERRED TO CONSUMER PROTECTION
 04/12/20161ST REPORT CAL.606
 05/03/20162ND REPORT CAL.
 05/04/2016ADVANCED TO THIRD READING
 05/09/2016PASSED SENATE
 05/09/2016DELIVERED TO ASSEMBLY
 05/09/2016referred to consumer affairs and protection
 06/17/2016substituted for a10081
 06/17/2016ordered to third reading rules cal.525
 06/17/2016passed assembly
 06/17/2016returned to senate
 09/20/2016DELIVERED TO GOVERNOR
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A10081 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10081
 
SPONSOR: Abbate
  TITLE OF BILL: An act to amend the general business law, in relation to increasing penalties for deceptive trade practices and unlawful acts by an automobile broker business   PURPOSE OR GENERAL IDEA OF BILL: This bill would increase the civil penalty imposed on automobile broker businesses who are found by the court to be in violation of article 35-b of the general business law.   SUMMARY OF SPECIFIC PROVISIONS: Section one: Increases the maximum penalty on automobile broker busi- nesses in violation of article 35-b of the general business law from $1000 to $3000, and establishes $1000 as a minimum for such a penalty. Section two: Effective date.   JUSTIFICATION: The law that established a maximum penalty of $1000 for automobile broker businesses in violation of article 35-b of the general business law was written in 1988 and has not been amended since then. Given the rates of inflation over the past few decades, an increase in this penal- ty is logical. However, inflation does not account for the entire increase. This bill would encourage automobile broker businesses to comply with existing laws-including those regarding contracts, advance payments, deceptive acts, advertising, and recovery of damages.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A10081 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10081
 
                   IN ASSEMBLY
 
                                      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 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:

     1    Section 1. Section 743 of the general business law, as added by  chap-
     2  ter 616 of the laws of 1988, is amended to read as follows:
     3    § 743. Enforcement by attorney general. In addition to the other reme-
     4  dies  provided,  whenever  there  shall  be a violation of this article,
     5  application may be made by the attorney  general  in  the  name  of  the
     6  people  of  the state of New York to a court or justice having jurisdic-
     7  tion by a special proceeding to issue an injunction, and upon notice  to
     8  the  defendant  of  not  less than five days, to enjoin and restrain the
     9  continuance of such violations; and if it shall appear to the  satisfac-
    10  tion  of  the court or justice that the defendant has, in fact, violated
    11  this article, an injunction may be issued  by  such  court  or  justice,
    12  enjoining and restraining any further violation, without requiring proof
    13  that  any  person  has, in fact, been injured or damaged thereby. In any
    14  such proceeding, the court may make allowances to the  attorney  general
    15  as  provided in paragraph six of subdivision (a) of section eighty-three
    16  hundred three of the civil practice law and rules, and  direct  restitu-
    17  tion.  Whenever the court shall determine that a violation of this arti-
    18  cle has occurred, the court [may] shall impose a civil  penalty  of  not
    19  [more]  less  than one thousand dollars and not more than three thousand
    20  dollars for each violation. In connection with any such proposed  appli-
    21  cation,  the  attorney  general  is  authorized to take proof and make a
    22  determination of the relevant facts and to issue subpoenas in accordance
    23  with the civil practice law and rules.
    24    § 2. This act shall take effect on the ninetieth day  after  it  shall
    25  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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