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S06623 Summary:

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S06623 Committee Votes:

S06623 Floor Votes:

S06623 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6623
 
                    IN SENATE
 
                                    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:
 
     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