Senate Bill S6797A

Signed By Governor
2013-2014 Legislative Session

Relates to automobile manufacturers and unfair practices by franchisors

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7844 - Signed by Governor


  • 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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Bill Amendments

2013-S6797 - Details

See Assembly Version of this Bill:
A7844
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415, 463 & 465, V & T L

2013-S6797 - Summary

Relates to automobile manufacturers and unfair practices by franchisors.

2013-S6797 - Sponsor Memo

2013-S6797 - Bill Text download pdf

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

                                  6797

                            I N  S E N A T E

                             March 11, 2014
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  automobile
  manufacturers and business practices by franchisors

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

  Section 1. Subdivision 5 of section 415 of the vehicle and traffic law
is amended by adding a new paragraph b-2 to read as follows:
  B-2. A STATEMENT INDICATING ANY INTEREST IN THE APPLICANT'S  FRANCHISE
ENTITY  BY  A  PERSON  OR ENTITY DESCRIBED IN PARAGRAPH F OF SUBDIVISION
SEVEN OF THIS SECTION.
  S 2. Paragraph f of subdivision 7 of section 415 of  the  vehicle  and
traffic  law, as added by chapter 490 of the laws of 2008, is amended to
read as follows:
  f. EXCEPT AS PROVIDED IN PARAGRAPH (BB) OF SUBDIVISION TWO OF  SECTION
FOUR HUNDRED SIXTY-THREE OF THIS TITLE:
  (I)  The  commissioner shall not issue any certificate of registration
authorized by this section to any franchisor, MANUFACTURER,  DISTRIBUTOR
BRANCH OR FACTORY BRANCH, as such [term is] TERMS ARE defined in section
four hundred sixty-two of this title, OR TO ANY SUBSIDIARY, AFFILIATE OR
CONTROLLED  ENTITY  THEREOF, except that the commissioner may renew such
certificate previously issued or otherwise  approved  to  operate  to  a
franchisor prior to [May second, two thousand two] JULY FIRST, TWO THOU-
SAND  SIX.  NOTHING  IN THIS SECTION SHALL PRECLUDE THE ESTABLISHMENT OF
SUCH FACILITIES NECESSARY TO CONTINUE THE ONGOING OPERATION OF ANY HOLD-
ER OF A CERTIFICATE OF REGISTRATION AUTHORIZED BY THIS SECTION OR OTHER-
WISE APPROVED TO OPERATE TO A FRANCHISOR PROVIDED SUCH ORIGINAL  CERTIF-
ICATE OR APPROVAL WAS GRANTED PRIOR TO JULY FIRST, TWO THOUSAND SIX.
  (II)  ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH, THE COMMIS-
SIONER SHALL NOT ISSUE ANY CERTIFICATE OF  REGISTRATION,  OR  RENEW  ANY
CERTIFICATE,  UNLESS  THE  ORIGINAL  CERTIFICATE  WAS ISSUED BEFORE JULY
FIRST, TWO THOUSAND SIX, TO ANY MOTOR VEHICLE DEALER IN WHICH A FRANCHI-
SOR, MANUFACTURER, DISTRIBUTOR, DISTRIBUTOR BRANCH OR FACTORY BRANCH, AS
SUCH TERMS ARE DEFINED IN SECTION FOUR HUNDRED SIXTY-TWO OF THIS  TITLE,

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

co-Sponsors

2013-S6797A (ACTIVE) - Details

See Assembly Version of this Bill:
A7844
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415, 463 & 465, V & T L

2013-S6797A (ACTIVE) - Summary

Relates to automobile manufacturers and unfair practices by franchisors.

2013-S6797A (ACTIVE) - Sponsor Memo

2013-S6797A (ACTIVE) - Bill Text download pdf

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

                                 6797--A

                            I N  S E N A T E

                             March 11, 2014
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, in relation  to  automobile
  manufacturers and business practices by franchisors

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

  Section 1. Subdivision 5 of section 415 of the vehicle and traffic law
is amended by adding a new paragraph b-2 to read as follows:
  B-2. A STATEMENT INDICATING ANY INTEREST IN THE APPLICANT'S  FRANCHISE
ENTITY  BY  A  PERSON  OR ENTITY DESCRIBED IN PARAGRAPH F OF SUBDIVISION
SEVEN OF THIS SECTION.
  S 2. Paragraph f of subdivision 7 of section 415 of  the  vehicle  and
traffic  law, as added by chapter 490 of the laws of 2008, is amended to
read as follows:
  f. EXCEPT AS PROVIDED IN PARAGRAPH (BB) OF SUBDIVISION TWO OF  SECTION
FOUR  HUNDRED  SIXTY-THREE  OF THIS TITLE AND SUBPARAGRAPH (III) OF THIS
PARAGRAPH:
  (I) The commissioner shall not issue any certificate  of  registration
authorized by this section to any franchisor, MANUFACTURER, DISTRIBUTOR,
DISTRIBUTOR  BRANCH  OR  FACTORY  BRANCH,  as  such  [term is] TERMS ARE
defined in section four hundred sixty-two  of  this  title,  OR  TO  ANY
SUBSIDIARY,  AFFILIATE  OR  CONTROLLED  ENTITY  THEREOF, except that the
commissioner may renew such certificate previously issued  or  otherwise
approved  to  operate to a franchisor prior to [May second, two thousand
two] JULY FIRST,  TWO  THOUSAND  SIX.  NOTHING  IN  THIS  SECTION  SHALL
PRECLUDE  THE ESTABLISHMENT OF SUCH FACILITIES NECESSARY TO CONTINUE THE
ONGOING OPERATION OF ANY HOLDER OF A CERTIFICATE OF REGISTRATION AUTHOR-
IZED BY THIS SECTION OR OTHERWISE APPROVED TO OPERATE  TO  A  FRANCHISOR
PROVIDED SUCH ORIGINAL CERTIFICATE OR APPROVAL WAS GRANTED PRIOR TO JULY
FIRST, TWO THOUSAND SIX.
  (II)  ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH, THE COMMIS-
SIONER SHALL NOT ISSUE ANY CERTIFICATE OF  REGISTRATION,  OR  RENEW  ANY

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

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