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 -


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 signed chap.26
delivered to governor
Jun 02, 2014 returned to assembly
passed senate
3rd reading cal.516
substituted for s6797a
Jun 02, 2014 substituted by a7844b
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.516
Mar 31, 2014 print number 6797a
amend and recommit to transportation
Mar 11, 2014 referred to transportation

S6797 - Details

See Assembly Version of this Bill:
A7844B
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415, 463 & 465, V & T L

S6797 - Summary

Relates to automobile manufacturers and unfair practices by franchisors.

S6797 - Sponsor Memo

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

view additional co-sponsors

S6797A (ACTIVE) - Details

See Assembly Version of this Bill:
A7844B
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415, 463 & 465, V & T L

S6797A (ACTIVE) - Summary

Relates to automobile manufacturers and unfair practices by franchisors.

S6797A (ACTIVE) - Sponsor Memo

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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