Senate Bill S8160

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8160
 
                             I N  S E N A T E
 
                              April 11, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 and the real  property  law,
   in relation to prohibiting certain entities from engaging in the busi-
   ness of securing motor vehicle registrations or certified real proper-
   ty  deeds  or giving instructions as to procuring motor vehicle regis-
   trations or certified deeds
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 395 of the vehicle and traffic law, as amended by
 chapter 124 of the laws of 1974, is amended to read as follows:
   § 395. Certain private service bureaus to  be  licensed.    Except  as
 otherwise  provided  herein, no person, firm, association or corporation
 shall, engage in the business of assisting for hire in securing licenses
 to drive motor vehicles or registrations or titles  of  motor  vehicles,
 nor  shall any person, firm, association or corporation for compensation
 give instructions as to procuring licenses to drive  motor  vehicles  or
 registrations or titles of motor vehicles, without being the holder of a
 license  for  such purpose issued by the commissioner of motor vehicles.
 An applicant for a license shall  furnish  the  commissioner  with  such
 information  and such references as to moral character as he may reason-
 ably require. Every application shall be accompanied by a fee  of  twen-
 ty-five dollars, which shall be regarded as an application fee and shall
 in  no  event  be refunded. If an application be approved by the commis-
 sioner, the applicant upon the payment of an additional fee  of  twenty-
 five  dollars shall be granted a license which shall expire on the thir-
 tieth day of June following the date of its issuance.  The  commissioner
 shall  issue  a  license  certificate to each licensee which certificate
 shall be conspicuously displayed in the place of business of the  licen-
 see,  or,  if  the  licensee has no place of business, such certificates
 shall be exhibited at the request of any person. In case  of  the  loss,
 mutilation or destruction of a certificate, the commissioner shall issue
 a  duplicate  upon  proof  of  the facts and the payment of a fee of one
 dollar. The refusal to issue a license may be reviewed by  a  proceeding
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13878-02-8

 S. 8160                             2
 
 under  article  seventy-eight  of the civil practice law and rules. Such
 license shall be renewed annually upon the payment of a fee  of  twenty-
 five  dollars,  such  renewal to take effect on the first day of July in
 each year.  Upon renewal, the commissioner may, in his discretion, issue
 a  license  which  shall be valid for a two year period. The fee for any
 such two year renewal shall be fifty dollars.
   No license shall be issued under this section nor shall any renewal of
 a license issued under this section be made for conducting business in a
 city having a population of fifty thousand or  more,  according  to  the
 latest  federal  census  if  the  place  of business of the licensee, or
 branch thereof, is within fifteen hundred feet of a building,  owned  or
 leased  by  the state, a county or a city, in which motor vehicle regis-
 trations or licenses to drive motor vehicles are issued to  the  public.
 The  said  distance  of fifteen hundred feet shall be measured along the
 public streets by the nearest route from  such  place  of  business,  or
 branch thereof, to such building. The provisions of this paragraph shall
 not  apply  to a holder of a certificate of registration issued pursuant
 to section four hundred fifteen of this chapter.
   NO LICENSE SHALL BE ISSUED UNDER THIS SECTION NOR SHALL ANY RENEWAL OF
 A LICENSE ISSUED UNDER THIS SECTION BE MADE FOR A PERSON, FIRM,  ASSOCI-
 ATION  OR  CORPORATION WHO ENGAGES IN THE BUSINESS OF ASSISTING FOR HIRE
 IN SECURING MOTOR VEHICLE REGISTRATIONS OR WHO, FOR  COMPENSATION,  GIVE
 INSTRUCTIONS AS TO PROCURING MOTOR VEHICLE REGISTRATIONS. THE PROVISIONS
 OF THIS PARAGRAPH SHALL NOT APPLY TO A HOLDER OF A LICENSE ISSUED PURSU-
 ANT  TO  SECTION THREE HUNDRED NINETY-FOUR OF THIS ARTICLE OR THE HOLDER
 OF A CERTIFICATE OF REGISTRATION ISSUED PURSUANT TO SECTION FOUR HUNDRED
 FIFTEEN OF THIS CHAPTER.
   A licensee shall be subject to such reasonable regulations  concerning
 the  business  conducted  under  his  license  as  the  commissioner may
 prescribe and he shall permit the commissioner, or his  representatives,
 to  inspect  his place of business on any business day and shall furnish
 to the commissioner, or his representative, such information  concerning
 the conduct of the business as may be reasonably required.
   The  provisions  of subdivisions five and six of section three hundred
 ninety-four of this [chapter] ARTICLE shall be applicable  with  respect
 to this section.
   The holder of a license issued pursuant to section three hundred nine-
 ty-four  of  this  [chapter]  ARTICLE  or the holder of a certificate of
 registration issued pursuant to section four  hundred  fifteen  of  this
 chapter  shall not be required to secure a license under this section in
 order to conduct a business for which a  license  is  required  by  this
 section  but  any  such  licensee, or registrant, who shall conduct such
 business, shall be subject to the same visitation and regulation by  the
 commissioner with reference to such business as provided in this section
 with respect to a licensee under this section.
   As  used in this section the phrase "licenses to drive motor vehicles"
 includes the term "learners' permits".
   A violation of any of the provisions of this section shall  constitute
 a misdemeanor.
   §  2.  The real property law is amended by adding a new  section 291-k
 to read as follows:
   § 291-K. CERTAIN PRIVATE SERVICES PROHIBITED. NO PERSON, FIRM, ASSOCI-
 ATION OR CORPORATION SHALL ENGAGE IN THE BUSINESS OF ASSISTING FOR  HIRE
 IN  SECURING CERTIFIED COPIES OF REAL PROPERTY DEEDS FILED IN THE OFFICE
 OF A COUNTY CLERK IN THIS STATE, NOR SHALL ANY PERSON, FIRM, ASSOCIATION
 OR CORPORATION FOR COMPENSATION GIVE INSTRUCTIONS AS TO PROCURING CERTI-

 S. 8160                             3
 
 FIED COPIES OF DEEDS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO
 AN  ATTORNEY PROVIDING LEGAL SERVICES TO A CLIENT OR TO A LICENSED TITLE
 INSURANCE AGENCY. A VIOLATION OF ANY OF THE PROVISIONS OF  THIS  SECTION
 SHALL CONSTITUTE A MISDEMEANOR.
   § 3. This act shall take effect immediately.