Assembly Bill A1153

2011-2012 Legislative Session

Relates to the payment of restitution by registered and unregistered repair shops

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Archive: Last Bill Status - Stricken


  • 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-A1153 (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง398-e, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4806
2013-2014: A910
2015-2016: A3222
2017-2018: A5503
2019-2020: A4344
2023-2024: A6229

2011-A1153 (ACTIVE) - Summary

Establishes that if financial loss has been made and a registrant or unregistered repair shop fails to comply with an order to pay restitution, the commissioner shall, by order, increase the amount of the penalty assessed.

2011-A1153 (ACTIVE) - Bill Text download pdf

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

                                  1153

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the  payment
  of restitution by registered and unregistered repair shops

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivisions 2 and 3 of section 398-e of the  vehicle  and
traffic  law,  as amended by chapter 634 of the laws of 1980, paragraphs
(a) and (c) of subdivision 2 and paragraphs (a), (d) and (e) of subdivi-
sion 3 as amended by chapter 732 of the laws of 1987, paragraph  (b)  of
subdivision  2  as  amended by section 2 of part OO of chapter 59 of the
laws of 2009 and paragraph (c) of subdivision 3 as  amended  by  chapter
356 of the laws of 2001, are amended to read as follows:
  2. Civil penalty; suspension for failure to pay. (a) The commissioner,
or  any  person deputized by him, may, by order, require a registrant or
an unregistered repair shop to pay to the people of this state a penalty
as hereinafter provided. Such penalty may be imposed in addition  to  or
in  lieu  of revoking or suspending the certificate of registration of a
registrant in accordance with the provisions of this article, or such  a
penalty  may  be imposed upon a finding that a registrant or an unregis-
tered repair shop: (i) has been grossly negligent in the performance  of
any  repair  or  adjustment covered by this article; or (ii) has grossly
overcharged for such repair or adjustment.
  (b) (I) Such penalty for a first violation  shall  be  in  a  sum  not
exceeding  seven  hundred fifty dollars for each violation found to have
been committed, and for a second or subsequent violation not arising out
of the same incident both of which were committed  within  a  period  of
thirty  months,  be  in  a sum of not more than one thousand dollars for
each violation found to have  been  committed;  provided,  however,  the
penalty  for  each and any violation of paragraph (g) of subdivision one

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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