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