NY State Senate Bill 2023-S442

Senate Bill S442

2023-2024 Legislative Session

Relates to allowing additional or relocated motor vehicle dealers to be located within six or ten miles of one another when separated by the Hudson River

download bill text pdf

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jan 04, 2023	referred to transportation

2023-S442 (ACTIVE) - Details

See Assembly Version of this Bill:: A947
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §462, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7893, A10334
2021-2022: S1850, A654

2023-S442 (ACTIVE) - Summary

Allows for additional or relocated motor vehicle dealers to be located within six or ten miles of one another when separated by the Hudson River.

2023-S442 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S442

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to allowing
additional or relocated motor vehicle dealers to be located within six
or ten miles of one another when separated by the Hudson River

 
PURPOSE:

To allow the minimum distance between car dealerships to be based on
driving mileage, rather than linear distance, when the dealerships are
on opposite sides of the Hudson River.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 462 of the vehicle and traffic law to change
the definition of relevant market area to allow new or relocated motor
vehicle dealerships to open within less than 10 miles of an existing
motor vehicle dealership if the dealerships are located on opposite
sides of the Hudson River and the shortest driving distance between the

existing and proposed dealership is at least 10 miles.

Section 2: Sets effective date.

 
JUSTIFICATION:

§ 463 of the Vehicle and Traffic Law generally prevents new or relocated
dealerships from opening within the market area of an existing dealer-
ship that sells cars with the same "line make."  Currently, the market
area is defined as a six mile radius in counties of 100,000 people or
more, and a 10 mile radius in counties of less than 100,000 people. In
the Hudson Valley, dealerships located on one side of the river some-
times prevent the location of a new dealership on the opposite side of
the river because it is within a 6 mile radius. However, because of the
relatively few bridges across the river, the driving distance between a
new and proposed dealership could be 15 or 20 miles. A location that may
be less than six miles "as the crow flies" from an existing dealership
but more than 10 miles away in driving distance, should not be consid-
ered part of the same market area.

 
LEGISLATIVE HISTORY:

Senate

2020 - S7893, Referred to Transportation

2021 -2022- S1850, Referred to Education

Assembly

2020 - A10334 Referred to Transportation

2021-2022 - A654, Referred to Education

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S442 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    442
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  allowing
   additional or relocated motor vehicle dealers to be located within six
   or ten miles of one another when separated by the Hudson River
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 15 of section 462 of the  vehicle  and  traffic
 law,  as added by chapter 490 of the laws of 2008, is amended to read as
 follows:
   15. "Relevant market area" means:
   (a) if the proposed additional or relocated motor vehicle dealer is to
 be located in a county having a population  in  excess  of  one  hundred
 thousand,  the  area within the radius of six miles of the intended site
 of the proposed or relocated dealer. Such six  mile  distance  shall  be
 determined by measuring the distance between the nearest surveyed bound-
 ary  of the existing new motor vehicle dealer's principal place of busi-
 ness and the nearest surveyed boundary line of the proposed or relocated
 new motor vehicle dealer's place of business; [or]
   (b) if the proposed additional or relocated motor vehicle dealer is to
 be within a county having a population of less than  one  hundred  thou-
 sand,  the  area  within the radius of ten miles of the intended site of
 the proposed or relocated dealer. Such ten mile distance shall be deter-
 mined by measuring the distance between the  nearest  surveyed  boundary
 line of the existing new motor vehicle dealer's principal place of busi-
 ness and the nearest surveyed boundary line of the proposed or relocated
 new motor vehicle dealer's principal place of business[.]; OR
   (C) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, IF THE
 PROPOSED  ADDITIONAL OR RELOCATED MOTOR VEHICLE DEALER'S RELEVANT MARKET
 AREA UNDER PARAGRAPHS (A) OR (B) OF THIS SUBDIVISION INCLUDES THE HUDSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02196-01-3
 S. 442                              2
 
 RIVER, THE AREA WITHIN TEN MILES OF THE INTENDED SITE OF THE PROPOSED OR
 RELOCATED DEALER ON THE OPPOSITE SIDE OF THE HUDSON  RIVER.    SUCH  TEN
 MILE  DISTANCE  SHALL BE DETERMINED BY MEASURING THE SHORTEST DISTANCE A
 VEHICLE  COULD  TRAVEL ON ROADWAYS FROM THE NEAREST SURVEYED BOUNDARY OF
 THE EXISTING NEW MOTOR VEHICLE DEALER'S PRINCIPAL PLACE OF BUSINESS  AND
 THE  NEAREST  SURVEYED  BOUNDARY  LINE  OF THE PROPOSED OR RELOCATED NEW
 MOTOR VEHICLE DEALER'S PLACE OF BUSINESS.
   In determining the population of a county, the most recent  census  by
 the  U.S.  Bureau of Census or the most recent population update, either
 from the National Planning Data Corporation or other similar  recognized
 source, shall be used.
   § 2. This act shall take effect immediately.

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