senate Bill S4332B

2021-2022 Legislative Session

Relates to designating new automotive broker businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2022 print number 4332b
May 25, 2022 amend and recommit to consumer protection
Jan 05, 2022 referred to consumer protection
Jun 02, 2021 print number 4332a
Jun 02, 2021 amend (t) and recommit to consumer protection
Feb 03, 2021 referred to consumer protection

Co-Sponsors

S4332 - Details

See Assembly Version of this Bill:
A1932
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§736, 736-a, 738, 740-a, 741, 741-b & 743, add §741-c, Gen Bus L; amd §415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A6655

S4332 - 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.

S4332 - Sponsor Memo

S4332 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4332
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, the vehicle  and  traffic  law
   and  the personal property law, in relation to designating new automo-
   tive 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 736 of the general business law,
 as amended by chapter 28 of the laws of 2018,  is  amended  to  read  as
 follows:
   1.  "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 an automobile as agent, broker, or intermediary
 for a consumer. "Automobile broker business" does not include any person
 registered as a NEW MOTOR VEHICLE dealer OR QUALIFIED DEALER pursuant to
 article sixteen of the vehicle and traffic law nor any bona fide employ-
 ee  of  a  registered NEW MOTOR VEHICLE DEALER OR QUALIFIED dealer while
 acting for such NEW MOTOR VEHICLE DEALER OR  QUALIFIED  dealer,  or  any
 person  who  sells, offers for sale or lease or acts as agent, broker or
 intermediary in effecting the purchase or lease of three or fewer  auto-
 mobiles  in  any  calendar  year,  any national service which aggregates
 information for consumers, but does  not  otherwise  have  contact  with
 consumers, [or] any motor vehicle franchisor, manufacturer, or distribu-
 tor,  DISTRIBUTOR  BRANCH  OR  FACTORY  BRANCH  registered under article
 sixteen of the vehicle and traffic law.
   § 2. Section 736-a of the general business law, as  added  by  chapter
 477 of the laws of 2017, is amended to read as follows:
   § 736-a. Registration required. 1. (A) No person shall engage in busi-
 ness  as  an  automobile  broker  business,  as defined in section seven
 hundred thirty-six of this article, without first having been  issued  a
 certificate  of  registration for an automobile broker business pursuant

Co-Sponsors

view additional co-sponsors

S4332A - Details

See Assembly Version of this Bill:
A1932
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§736, 736-a, 738, 740-a, 741, 741-b & 743, add §741-c, Gen Bus L; amd §415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A6655

S4332A - 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.

S4332A - Sponsor Memo

S4332A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4332--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sens. SAVINO, BENJAMIN, GOUNARDES, MATTERA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Consumer Protection -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the general business law and the vehicle and traffic
   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 736 of the general business law,
 as amended by chapter 28 of the laws of 2018,  is  amended  to  read  as
 follows:
   1.  "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 an automobile as agent, broker, or intermediary
 for a consumer. "Automobile broker business" does not include any person
 registered as a NEW MOTOR VEHICLE dealer OR QUALIFIED DEALER pursuant to
 article  sixteen  of  the vehicle and traffic law, ANY PERSON REGISTERED
 UNDER SECTION FOUR HUNDRED FIFTEEN-A OF THE  VEHICLE  AND  TRAFFIC  LAW,
 ONLY  WHEN  OPERATING  UNDER  ACTIVITY  COVERED BY SUCH REGISTRATION, AN
 AUTOMOBILE AUCTIONEER, ONLY WHEN OPERATING IN THE  MANNER  DESCRIBED  IN
 SECTION  TWENTY-THREE  OF  THIS CHAPTER, nor any bona fide employee of a
 registered NEW MOTOR VEHICLE DEALER OR QUALIFIED dealer while acting for
 such NEW MOTOR VEHICLE DEALER OR QUALIFIED dealer,  or  any  person  who
 sells, offers for sale or lease or acts as agent, broker or intermediary
 in  effecting the purchase or lease of three or fewer automobiles in any
 calendar year, any national service  which  aggregates  information  for
 consumers,  but does not otherwise have contact with consumers, [or] any
 motor vehicle  franchisor,  manufacturer,  or  distributor,  DISTRIBUTOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S4332B (ACTIVE) - Details

See Assembly Version of this Bill:
A1932
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§736, 736-a, 738, 740-a, 741, 741-b & 743, add §741-c, Gen Bus L; amd §415, V & T L
Versions Introduced in 2019-2020 Legislative Session:
A6655

S4332B (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.

S4332B (ACTIVE) - Sponsor Memo

S4332B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4332--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sens. SAVINO, COMRIE, GAUGHRAN, GOUNARDES, MANNION, MATT-
   ERA, RAMOS, SEPULVEDA, SKOUFIS, STAVISKY --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Consumer Protection in accordance  with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the general business law and  the  vehicle  and  traffic
   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 736 of the general  business  law,
 as  amended  by  chapter  28  of the laws of 2018, is amended to read as
 follows:
   1. "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 an automobile as agent, broker, or intermediary
 for a consumer. "Automobile broker business" does not include any person
 registered as a NEW MOTOR VEHICLE dealer OR QUALIFIED DEALER pursuant to
 article sixteen of the vehicle and traffic law,  ANY  PERSON  REGISTERED
 UNDER  SECTION  FOUR  HUNDRED  FIFTEEN-A OF THE VEHICLE AND TRAFFIC LAW,
 ONLY WHEN OPERATING UNDER ACTIVITY  COVERED  BY  SUCH  REGISTRATION,  AN
 AUTOMOBILE  AUCTIONEER,  ONLY  WHEN OPERATING IN THE MANNER DESCRIBED IN
 SECTION TWENTY-THREE OF THIS CHAPTER, nor any bona fide  employee  of  a
 registered NEW MOTOR VEHICLE DEALER OR QUALIFIED dealer while acting for
 such  NEW  MOTOR  VEHICLE  DEALER OR QUALIFIED dealer, or any person who
 sells, offers for sale or lease or acts as agent, broker or intermediary
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07655-05-2

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