Assembly Bill A3935

2011-2012 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

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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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2011-A3935 (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
2013-2014: A4321
2015-2016: A5736

2011-A3935 (ACTIVE) - Summary

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

2011-A3935 (ACTIVE) - Bill Text download pdf 

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

                                  3935

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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
                      [ ] is old law to be omitted.

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