Bill Text: NY A03422 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires persons pledging goods to a collateral loan broker or selling goods to a second hand dealer to sign a written statement sworn to be true; provides that a false statement therein shall constitute making a punishable false written statement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to economic development [A03422 Detail]

Download: New_York-2011-A03422-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3422
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Economic Development
       AN  ACT to amend the general business law and the penal law, in relation
         to written false statements made by any person to  a  collateral  loan
         broker or second hand dealer regarding any loan made by such broker or
         sale to such dealer
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 44 of the general business law is amended by adding
    2  a new subdivision 4 to read as follows:
    3    4. EACH PERSON SIGNING A MEMORANDUM OR NOTE  PURSUANT  TO  SUBDIVISION
    4  ONE  OF  THIS SECTION, OR SIGNING A BILL OF SALE PROFFERED TOGETHER WITH
    5  PERSONAL PROPERTY TO A SECOND HAND DEALER SHALL AFFIRM THAT  THE  STATE-
    6  MENTS  THEREIN  ARE  TRUE UNDER THE PENALTIES OF THE OFFENSES OF LARCENY
    7  AND/OR MAKING A PUNISHABLE FALSE WRITTEN STATEMENT.
    8    S 2. Section 210.45 of the penal law is amended to read as follows:
    9  S 210.45 Making a punishable false written statement.
   10    A person is guilty of making a punishable false written statement when
   11  he OR SHE knowingly makes a false statement, which he OR  SHE  does  not
   12  believe to be true, in a written instrument:
   13    1.  bearing  a legally authorized form notice to the effect that false
   14  statements made therein are punishable; OR
   15    2. SUBMITTED TO OBTAIN  A  LOAN  FROM  A  COLLATERAL  LOAN  BROKER  OR
   16  PROCEEDS OF SALE FROM A SECOND HAND DEALER, BEARING A LEGALLY AUTHORIZED
   17  FORM NOTICE TO THE EFFECT THAT FALSE STATEMENTS MADE THEREIN ARE PUNISH-
   18  ABLE.
   19    Making a punishable false written statement is a class A misdemeanor.
   20    S  3.  This  act  shall take effect on the sixtieth day after it shall
   21  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06901-01-1