senate Bill S5725A

2013-2014 Legislative Session

Relates to automobile manufacturers and unfair practices by franchisors

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2014 recommit, enacting clause stricken
Jan 08, 2014 referred to transportation
Jun 17, 2013 print number 5725a
amend and recommit to transportation
Jun 07, 2013 referred to transportation

S5725 - Details

See other versions of this Bill:
S6797
, A7844A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415, 463 & 465, V & T L

S5725 - Summary

Relates to automobile manufacturers and unfair practices by franchisors.

S5725 - Sponsor Memo

S5725 - Bill Text download pdf

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

                                  5725

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 7, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- 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 IF ANY INTEREST EXISTS IN THE  APPLICANT'S
FRANCHISE  ENTITY  BY  A  PERSON  OR  ENTITY DESCRIBED IN PARAGRAPH F OF
SUBDIVISION SEVEN OF THIS SECTION, AND THE EXTENT OF SUCH INTEREST.
  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] JANUARY FIRST, TWO
THOUSAND FOUR.
  (II) ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH, THE  COMMIS-
SIONER  SHALL  NOT  ISSUE  ANY CERTIFICATE OF REGISTRATION, OR RENEW ANY
CERTIFICATE ISSUED AFTER JANUARY FIRST, TWO THOUSAND FOUR TO  ANY  MOTOR
VEHICLE   DEALER  IN  WHICH  A  FRANCHISOR,  MANUFACTURER,  DISTRIBUTOR,
DISTRIBUTOR BRANCH OR FACTORY BRANCH,  AS  SUCH  TERMS  ARE  DEFINED  IN
SECTION  FOUR HUNDRED SIXTY-TWO OF THIS TITLE, OR ANY SUBSIDIARY, AFFIL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11010-02-3

Co-Sponsors

view additional co-sponsors

S5725A (ACTIVE) - Details

See other versions of this Bill:
S6797
, A7844A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415, 463 & 465, V & T L

S5725A (ACTIVE) - Summary

Relates to automobile manufacturers and unfair practices by franchisors.

S5725A (ACTIVE) - Sponsor Memo

S5725A (ACTIVE) - Bill Text download pdf

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

                                 5725--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 7, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- 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:
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11010-04-3

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