Senate Bill S5842

2021-2022 Legislative Session

Relates to the payment of restitution by registered and unregistered repair shops

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee


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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2021-S5842 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §398-e, V & T L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8629
2019-2020: S2751
2023-2024: S3015

2021-S5842 (ACTIVE) - Summary

Establishes that if financial loss has been made and a registrant or unregistered repair shop fails to comply with an order to pay restitution, the commissioner shall, by order, increase the amount of the penalty assessed.

2021-S5842 (ACTIVE) - Sponsor Memo

2021-S5842 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5842
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 the  payment
   of restitution by registered and unregistered repair shops
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivisions 2 and 3 of section 398-e of the  vehicle  and
 traffic  law,  as amended by chapter 634 of the laws of 1980, paragraphs
 (a) and (c) of subdivision 2 and paragraphs (a), (d) and (e) of subdivi-
 sion 3 as amended by chapter 732 of the laws of 1987, paragraph  (b)  of
 subdivision  2  as  amended by section 2 of part OO of chapter 59 of the
 laws of 2009 and paragraph (c) of subdivision 3 as  amended  by  chapter
 356 of the laws of 2001, are amended to read as follows:
   2. Civil penalty; suspension for failure to pay. (a) The commissioner,
 or  any  person deputized by him, may, by order, require a registrant or
 an unregistered repair shop to pay to the people of this state a penalty
 as hereinafter provided. Such penalty may be imposed in addition  to  or
 in  lieu  of revoking or suspending the certificate of registration of a
 registrant in accordance with the provisions of this article, or such  a
 penalty  may  be imposed upon a finding that a registrant or an unregis-
 tered repair shop: (i) has been grossly negligent in the performance  of
 any  repair  or  adjustment covered by this article; or (ii) has grossly
 overcharged for such repair or adjustment.
   (b) (I) Such penalty for a first violation  shall  be  in  a  sum  not
 exceeding  seven  hundred fifty dollars for each violation found to have
 been committed, and for a second or subsequent violation not arising out
 of the same incident both of which were committed  within  a  period  of
 thirty  months,  be  in  a sum of not more than one thousand dollars for
 each violation found to have  been  committed;  provided,  however,  the
 penalty  for  each and any violation of paragraph (g) of subdivision one
 of this section found to have been committed shall be no less than three
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.