Bill Text: NY A05736 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 5736 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A05736 Detail]

Download: New_York-2015-A05736-Introduced.html

                           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:
    1    Section 1. Paragraph a of subdivision 1 of section 415 of the  vehicle
    2  and traffic law, as amended by chapter 7 of the laws of 2000, is amended
    3  to read as follows:
    4    a.  "Dealer" means a person engaged in the business of buying, selling
    5  or dealing in motor vehicles, motorcycles or trailers, other than mobile
    6  homes or manufactured homes, at retail or  wholesale;  except,  however,
    7  trailers  with  an  unladen weight of less than one thousand pounds. For
    8  the purposes of this section, a "mobile  home"  or  "manufactured  home"
    9  means  a  mobile  home  or  manufactured  home as defined in section one
   10  hundred twenty-two-c of this chapter. Any person who  sells,  or  offers
   11  for  sale  more than five motor vehicles, motorcycles or trailers in any
   12  calendar year or who displays or permits the display of  three  or  more
   13  motor  vehicles,  motorcycles  or  trailers  for sale at any one time or
   14  within any one calendar month upon premises owned or controlled  by  him
   15  OR  HER, if such vehicles were purchased, acquired or otherwise obtained
   16  by such person for the purpose of resale, will be regarded as a  dealer.
   17  Except  as  otherwise  provided  in subdivisions three, five, six-b, and
   18  seven of this section, the term "dealer"  shall  include  a  "new  motor
   19  vehicle  dealer"  as  defined  by  paragraph f of this subdivision and a
   20  "qualified dealer" as defined in paragraph g of  this  subdivision.  FOR
   21  PURPOSES  OF  THIS  SECTION, DEALER SHALL NOT MEAN OR INCLUDE AN ECONOM-
   22  ICALLY SUSTAINABLE TRANSPORTATION PROVIDER AS SUCH TERM  IS  DEFINED  IN
   23  PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-THREE OF
   24  THE ELDER LAW.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08990-01-5