senate Bill S5836

2013-2014 Legislative Session

Relates to certificates of registration for certain franchisors

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2014 recommit, enacting clause stricken
Jan 08, 2014 referred to transportation
Jun 17, 2013 referred to rules

S5836 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง415, V & T L (as proposed in S. 5725-A and A. 7844-A)

S5836 - Bill Texts

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Enacts a chapter amendment relating to certificates of registration for certain franchisors.

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BILL NUMBER:S5836

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to certificates of
registration for certain franchisors

PURPOSE OR GENERAL IDEA OF BILL: To make technical
amendments to a
chapter of the laws of 2013 as proposed in legislative bills numbers
S.5725-A and A.7844-A.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 makes technical amendments to paragraph f of Subdivision 7
of section 415 of the vehicle and traffic law

Section 2 effective date

JUSTIFICATION:
This bill is necessary to make technical amendments to a chapter of
the laws of 2013 as proposed in legislative bills numbers S.5725-A
and A.7844-A.

PRIOR LEGISLATIVE HISTORY: New Legislation.

FISCAL IMPLICATIONS: None.

ing to automobile manufacturers and business practices by franchisors,
as proposed in legislative bills numbers S.5725-A and A.7844-A, takes
effect.

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

                                  5836

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation to certificates
  of registration for certain franchisors

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

  Section  1. Paragraph f of subdivision 7 of section 415 of the vehicle
and traffic law, as amended by a chapter of the laws of  2013,  amending
the  vehicle  and  traffic  law relating to automobile manufacturers and
business practices by franchisors,  as  proposed  in  legislative  bills
numbers S.5725-A and A.7844-A, 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  [terms  are]  TERM  IS  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 [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  certif-
icate  of  registration authorized 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
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.
                                                           LBD11571-01-3

S. 5836                             2

or any subsidiary, affiliate or controlled entity thereof, has acquired,
or possesses, a controlling interest in the franchise entity except:
  (1)  when  operating  such  franchise  for  a temporary period, not to
exceed one year, during the transition from one owner of the motor vehi-
cle dealership to another, provided, however, that such temporary period
may be extended once for an additional period not to exceed one year for
good cause. Provided that for franchisors of house coaches,  the  period
of  temporary  ownership  of  a franchised house coach dealership may be
extended in one year increments for good cause shown,  except  that  the
aggregate of such extensions shall not exceed five years; or
  (2)  when  operating  such  franchise temporarily under a plan with an
independent individual who is obligated to make a significant investment
in the dealership that is subject to loss and has an ownership  interest
or  expects  to  acquire  full  ownership  in  a reasonable period under
reasonable terms and conditions, provided that a reasonable period shall
be presumed to not exceed eight years] MAY SECOND, TWO THOUSAND TWO.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner as a chapter of the laws of 2013 amending the vehicle and traffic
law relating to automobile manufacturers and business practices by fran-
chisors, as proposed in legislative bills numbers S.5725-A and A.7844-A,
takes effect.

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