Assembly Bill A5736

2015-2016 Legislative Session

Excludes from the definition of "dealer" an economically sustainable transportation provider, as defined in section 223 of the elder law

download bill text pdf

Sponsored By

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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2015-A5736 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §415, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3401
2011-2012: A3935
2013-2014: A4321

2015-A5736 (ACTIVE) - Summary

Excludes from the definition of "dealer" an economically sustainable transportation provider, as defined in section 223 of the elder law.

2015-A5736 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5736

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, RIVERA -- Multi-Sponsored by -- M.
  of A. CLARK, HOOPER -- read once and  referred  to  the  Committee  on
  Transportation

AN  ACT  to amend the vehicle and traffic law, in relation to exempting,
  from the definition of "dealer", economically sustainable  transporta-
  tion providers

  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 7 of the laws of 2000, is amended
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  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
OR  HER, if such vehicles were purchased, acquired or otherwise obtained
by such person for the purpose of resale, will be regarded as a  dealer.
Except  as  otherwise  provided  in subdivisions three, five, six-b, and
seven of this section, the term "dealer"  shall  include  a  "new  motor
vehicle  dealer"  as  defined  by  paragraph f of this subdivision and a
"qualified dealer" as defined in paragraph g of  this  subdivision.  FOR
PURPOSES  OF  THIS  SECTION, DEALER SHALL NOT MEAN OR INCLUDE AN ECONOM-
ICALLY SUSTAINABLE TRANSPORTATION PROVIDER AS SUCH TERM  IS  DEFINED  IN
PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-THREE OF
THE ELDER LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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