senate Bill S4364C

2019-2020 Legislative Session

Relates to designating new automotive broker businesses

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2019 print number 4364c
Jun 16, 2019 amend and recommit to finance
Jun 11, 2019 print number 4364b
Jun 11, 2019 amend and recommit to finance
May 30, 2019 reported and committed to finance
May 23, 2019 print number 4364a
May 23, 2019 amend and recommit to transportation
Mar 11, 2019 referred to transportation

Votes

view votes

May 30, 2019 - Transportation committee Vote

S4364A
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

S4364 - Details

See Assembly Version of this Bill:
A6655
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415 & 465, V & T L; amd Gen Bus L, generally

S4364 - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

S4364 - Sponsor Memo

S4364 - Bill Text download pdf


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

                                  4364

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- 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  general  business
  law, in relation to designating new automotive broker businesses

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

  Section 1. Subdivision 1 of section 415 of the vehicle and traffic law
is amended by adding a new paragraph n to read as follows:
  N. "NEW AUTOMOBILE BROKER BUSINESS" SHALL HAVE THE SAME MEANING AS SET
FORTH IN SUBDIVISION FOUR OF SECTION SEVEN  HUNDRED  THIRTY-SIX  OF  THE
GENERAL BUSINESS LAW.
  §  2.  Section  736 of the general business law is amended by adding a
new subdivision 4 to read as follows:
  4. "NEW AUTOMOBILE BROKER BUSINESS" MEANS ANY PERSON WHO, FOR  A  FEE,
COMMISSION  OR  OTHER VALUABLE CONSIDERATION, REGARDLESS OF WHETHER SUCH
FEE, COMMISSION OR CONSIDERATION IS PAID DIRECTLY BY A CONSUMER,  OFFERS
TO PROVIDE, PROVIDES OR REPRESENTS THAT HE OR SHE WILL PROVIDE A SERVICE
OF  PURCHASING,  ARRANGING,  ASSISTING,  FACILITATING  OR  EFFECTING THE
PURCHASE OR LEASE OF A  PREVIOUSLY  UNREGISTERED  AUTOMOBILE  AS  AGENT,
BROKER, OR INTERMEDIARY FOR A CONSUMER. "NEW AUTOMOBILE BROKER BUSINESS"
DOES  NOT  INCLUDE ANY PERSON REGISTERED AS A NEW VEHICLE DEALER FOR THE
NEW AUTOMOBILE BRAND OR BRANDS FOR WHICH  SUCH  SERVICES  ARE  PROVIDED,
PURSUANT  TO ARTICLE SIXTEEN OF THE VEHICLE AND TRAFFIC LAW NOR ANY BONA
FIDE EMPLOYEE, AS OPPOSED TO AN INDEPENDENT CONTRACTOR, OF SUCH A REGIS-
TERED DEALER WHILE ACTING FOR SUCH DEALER.  FOR THE PURPOSES HEREOF, ANY
EMPLOYEE WHO, PURSUANT TO DEPARTMENT  OF  LABOR  GUIDELINES,  RULES  AND
REGULATIONS,  WOULD BE AN INDEPENDENT CONTRACTOR FOR A REGISTERED DEALER
SHALL NOT BE DEEMED A BONA FIDE EMPLOYEE.
  § 3. Subdivision 3-a and paragraph b-3 of subdivision 5 of section 415
of the vehicle and traffic law, as added by chapter 477 of the  laws  of
2017, are amended to read as follows:

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

Co-Sponsors

view additional co-sponsors

S4364A - Details

See Assembly Version of this Bill:
A6655
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415 & 465, V & T L; amd Gen Bus L, generally

S4364A - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

S4364A - Sponsor Memo

S4364A - Bill Text download pdf


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

                                 4364--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced  by Sens. THOMAS, BROOKS, COMRIE, GAUGHRAN, GOUNARDES, KAMIN-
  SKY, KAPLAN, LIU, MAY, MYRIE, PERSAUD,  SALAZAR,  SAVINO,  SKOUFIS  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Transportation -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law  and  the  general  business
  law, in relation to designating new automotive broker businesses

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

  Section 1. Subdivision 1 of section 415 of the vehicle and traffic law
is amended by adding a new paragraph n to read as follows:
  N. "NEW AUTOMOBILE BROKER BUSINESS" SHALL HAVE THE SAME MEANING AS SET
FORTH IN SUBDIVISION FOUR OF SECTION SEVEN  HUNDRED  THIRTY-SIX  OF  THE
GENERAL BUSINESS LAW.
  §  2.  Section  736 of the general business law is amended by adding a
new subdivision 4 to read as follows:
  4. "NEW AUTOMOBILE BROKER BUSINESS" MEANS ANY PERSON WHO, FOR  A  FEE,
COMMISSION  OR  OTHER VALUABLE CONSIDERATION, REGARDLESS OF WHETHER SUCH
FEE, COMMISSION OR CONSIDERATION IS PAID DIRECTLY BY A CONSUMER,  OFFERS
TO PROVIDE, PROVIDES OR REPRESENTS THAT HE OR SHE WILL PROVIDE A SERVICE
OF  PURCHASING,  ARRANGING,  ASSISTING,  FACILITATING  OR  EFFECTING THE
PURCHASE OR LEASE OF A PREVIOUSLY UNREGISTERED AUTOMOBILE; THROUGH A NEW
MOTOR VEHICLE DEALER, AS AGENT, BROKER, OR INTERMEDIARY FOR A  CONSUMER.
"NEW  AUTOMOBILE BROKER BUSINESS" DOES NOT INCLUDE ANY PERSON REGISTERED
AS A NEW VEHICLE DEALER FOR THE NEW AUTOMOBILE BRAND OR BRANDS FOR WHICH
SUCH SERVICES ARE PROVIDED, PURSUANT TO ARTICLE SIXTEEN OF  THE  VEHICLE
AND  TRAFFIC  LAW NOR ANY BONA FIDE EMPLOYEE OF SUCH A REGISTERED DEALER
WHILE ACTING FOR SUCH DEALER.
  § 3. Subdivision 3-a and paragraph b-3 of subdivision 5 of section 415
of the vehicle and traffic law, as added by chapter 477 of the  laws  of
2017, are amended to read as follows:

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

Co-Sponsors

view additional co-sponsors

S4364B - Details

See Assembly Version of this Bill:
A6655
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415 & 465, V & T L; amd Gen Bus L, generally

S4364B - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

S4364B - Sponsor Memo

S4364B - Bill Text download pdf


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

                                 4364--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced  by  Sens. THOMAS, BROOKS, COMRIE, GAUGHRAN, GOUNARDES, JACK-
  SON, KAMINSKY, KAPLAN, LANZA, LIU, MAY, METZGER, MYRIE, PERSAUD, SALA-
  ZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY -- read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the vehicle and traffic law and the general business
  law, in relation to designating new automotive broker businesses

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

  Section  1. Paragraph a of subdivision 1 of section 415 of the vehicle
and traffic law, as amended by chapter 554  of  the  laws  of  2015,  is
amended and a new paragraph n is added to read as follows:
  a.  "Dealer" means a person engaged in the business of buying, selling
or dealing in motor vehicles, motorcycles or trailers, other than mobile
homes or manufactured homes, at retail or  wholesale;  except,  however,
trailers  with  an  unladen weight of less than one thousand pounds. For
the purposes of this section, a "mobile  home"  or  "manufactured  home"
means  a  mobile  home  or  manufactured  home as defined in section one
hundred twenty-two-c of this chapter. Any person who  sells,  or  offers
for sale OR LEASE more than five motor vehicles, motorcycles or trailers
in  any calendar year or who displays or permits the display of three or
more motor vehicles, motorcycles or trailers for sale at any one time or
within any one calendar month upon premises owned or controlled  by  him
or  her, if such vehicles were purchased, acquired or otherwise obtained
by such person for the purpose of resale, will be regarded as a  dealer.
FOR  THE  PURPOSES  OF  THIS  SECTION,  "OFFERS FOR SALE OR LEASE" SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE ACT OF DRAWING THE  PUBLIC'S  ATTEN-

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

Co-Sponsors

view additional co-sponsors

S4364C (ACTIVE) - Details

See Assembly Version of this Bill:
A6655
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§415 & 465, V & T L; amd Gen Bus L, generally

S4364C (ACTIVE) - Summary

Requires registration of new automotive broker businesses; enacts various provisions relating to conduct of such businesses; defines certain deceptive practices; establishes rights of action and penalties.

S4364C (ACTIVE) - Sponsor Memo

S4364C (ACTIVE) - Bill Text download pdf


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

                                 4364--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced  by  Sens. THOMAS, BROOKS, COMRIE, GAUGHRAN, GOUNARDES, JACK-
  SON, KAMINSKY, KAPLAN, LANZA, LIU, MAY, METZGER, MYRIE, PERSAUD, SALA-
  ZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY -- read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law  and  the  general  business
  law, in relation to designating new automotive broker businesses

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

  Section 1. Paragraph a of subdivision 1 of section 415 of the  vehicle
and  traffic  law,  as  amended  by  chapter 554 of the laws of 2015, is
amended and a new paragraph n is added to read as follows:
  a. "Dealer" means a person engaged in the business of buying,  selling
or dealing in motor vehicles, motorcycles or trailers, other than mobile
homes  or  manufactured  homes, at retail or wholesale; except, however,
trailers with an unladen weight of less than one  thousand  pounds.  For
the  purposes  of  this  section, a "mobile home" or "manufactured home"
means a mobile home or manufactured  home  as  defined  in  section  one
hundred  twenty-two-c  of  this chapter. Any person who sells, or offers
for sale OR LEASE more than five motor vehicles, motorcycles or trailers
in any calendar year or who displays or permits the display of three  or
more motor vehicles, motorcycles or trailers for sale at any one time or
within  any  one calendar month upon premises owned or controlled by him
or her, if such vehicles were purchased, acquired or otherwise  obtained
by  such person for the purpose of resale, will be regarded as a dealer.
FOR THE PURPOSES OF THIS SECTION,  "OFFERS  FOR  SALE  OR  LEASE"  SHALL

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

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