Bill Text: NY S05955 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to penalties for unregistered dealers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-11-20 - SIGNED CHAP.516 [S05955 Detail]

Download: New_York-2015-S05955-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5955
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 13, 2015
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the vehicle and traffic law, in  relation  to  penalties
         for unregistered dealers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph (ii) of  paragraph  c  of  subdivision  16  of
    2  section  415  of the vehicle and traffic law, as amended by chapter 7 of
    3  the laws of 2000, is amended and a new subparagraph (iii)  is  added  to
    4  read as follows:
    5    (ii)  Any  person who operates as a dealer without being registered as
    6  required by subdivision three of this section who has previously  had  a
    7  civil  penalty  assessed  for  unregistered  operation  shall pay to the
    8  people of this state a civil penalty in the sum of one thousand dollars.
    9  ANY PERSON WHO OPERATES AS A DEALER WITHOUT BEING REGISTERED AS REQUIRED
   10  BY SUBDIVISION THREE OF THIS SECTION WHO  HAS  HAD  TWO  PREVIOUS  CIVIL
   11  PENALTIES  ASSESSED FOR UNREGISTERED OPERATION NOT ARISING FROM THE SAME
   12  INCIDENT ALL OF WHICH WERE COMMITTED WITHIN A PERIOD  OF  THIRTY  MONTHS
   13  SHALL PAY TO THE PEOPLE OF THIS STATE A CIVIL PENALTY IN THE SUM OF FOUR
   14  THOUSAND TEN DOLLARS. Such civil [penalty] PENALTIES may not be avoided.
   15    (III)  NO  PERSON WHO OPERATES AS A DEALER WITHOUT BEING REGISTERED AS
   16  REQUIRED BY SUBDIVISION THREE OF THIS SECTION OR WHILE HIS OR HER REGIS-
   17  TRATION IS REVOKED OR SUSPENDED SHALL PARK A MOTOR VEHICLE, WHICH HE  OR
   18  SHE  OWNS OR CONTROLS AND HOLDS FOR SALE OR DEMONSTRATION, UPON A PUBLIC
   19  HIGHWAY OF THIS STATE WITHOUT FIRST BEING REGISTERED IN ACCORDANCE  WITH
   20  THE  PROVISIONS  OF  SECTION  FOUR HUNDRED ONE OF THIS CHAPTER. ANY SUCH
   21  PERSON SHALL, IN ADDITION TO ANY PENALTIES IMPOSED PURSUANT TO PARAGRAPH
   22  B OF THIS  SUBDIVISION  OR  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  BE
   23  REQUIRED  TO PAY TO THE PEOPLE OF THIS STATE AN ADDITIONAL CIVIL PENALTY
   24  OF THREE HUNDRED DOLLARS FOR EACH MOTOR VEHICLE OWNED OR CONTROLLED  AND
   25  HELD  FOR  SALE OR DEMONSTRATION BY SUCH PERSON WHICH IS PARKED UPON THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11292-01-5
       S. 5955                             2
    1  PUBLIC HIGHWAYS OF THIS STATE WITHOUT FIRST BEING REGISTERED IN  ACCORD-
    2  ANCE WITH THE PROVISIONS OF SECTION FOUR HUNDRED ONE OF THIS CHAPTER.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.