S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7400
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 state  finance  law,
   in relation to used motor vehicle dealer education
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 419-b to read as follows:
   § 419-B. USED  MOTOR VEHICLE DEALER EDUCATION PROGRAM. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
   (A) "DESIGNATED INDIVIDUAL" MEANS ANY OF THE FOLLOWING INDIVIDUALS, IF
 THEY ARE SELECTED BY AN ELIGIBLE USED MOTOR VEHICLE DEALER TO COMPLETE A
 TRAINING PROGRAM DESCRIBED IN THIS SECTION:
   (I) AN INDIVIDUAL WHO IS A LICENSED ELIGIBLE USED MOTOR VEHICLE DEALER
 OR A PARTNER OR OFFICER OF A LICENSED ELIGIBLE USED MOTOR VEHICLE  DEAL-
 ER; OR
   (II)  AN  INDIVIDUAL  WHO  IS  AN EMPLOYEE OF A LICENSED ELIGIBLE USED
 MOTOR VEHICLE DEALER, SUCH AS A GENERAL MANAGER, A SALES MANAGER, OR  AN
 EMPLOYEE  WHO IS RESPONSIBLE FOR PREPARING TITLE DOCUMENTS FOR THE DEAL-
 ER.
   (B) "ELIGIBLE USED  MOTOR  VEHICLE  DEALER"  MEANS  A  PERSON  WHO  IS
 LICENSED AS A USED MOTOR VEHICLE DEALER, OR IS APPLYING FOR LICENSURE AS
 A  USED  MOTOR  VEHICLE  DEALER, AND IS NOT AN OWNER, PARTNER, CORPORATE
 OFFICER, OR DIRECTOR OF A LICENSED NEW MOTOR VEHICLE DEALER  OR  SEEKING
 LICENSURE  AS AN OWNER, PARTNER, CORPORATE OFFICER, OR DIRECTOR OF A NEW
 MOTOR VEHICLE DEALER.
   (C) "FUND" MEANS THE USED MOTOR VEHICLE DEALER TRAINING  PROGRAM  FUND
 CREATED UNDER SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW.
   (D) "QUALIFIED TRADE ORGANIZATION" MEANS A BONA FIDE NONPROFIT MEMBER-
 SHIP  ORGANIZATION  THAT IS BASED IN THIS STATE, THAT HAS BEEN IN EXIST-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09607-01-5
 S. 7400                             2
              

 
 ENCE FOR AT LEAST FIVE YEARS, AND WHOSE MEMBERS ARE  PRIMARILY  ELIGIBLE
 USED MOTOR VEHICLE DEALERS.
   2.  THE  COMMISSIONER SHALL ESTABLISH EACH OF THE FOLLOWING USED MOTOR
 VEHICLE DEALER TRAINING PROGRAMS FOR ELIGIBLE USED MOTOR  VEHICLE  DEAL-
 ERS:
   (A)  A  PRE-LICENSING  DEALER  TRAINING  PROGRAM THAT MEETS ALL OF THE
 FOLLOWING REQUIREMENTS:
   (I) IS AVAILABLE TO ANY INDIVIDUAL WHO IS AN ELIGIBLE USED MOTOR VEHI-
 CLE DEALER APPLYING FOR AN ORIGINAL DEALER LICENSE OR IS  A  PARTNER  OR
 OFFICER  OF  AN  ELIGIBLE  USED  MOTOR  VEHICLE  DEALER  APPLYING FOR AN
 ORIGINAL DEALER LICENSE; AND
   (II) INCLUDES TRAINING RELATED TO THIS SECTION AND ANY  OTHER  SUBJECT
 MATTER  APPROVED  BY  THE  COMMISSIONER, SUCH AS CONSUMER PROTECTION AND
 SALES AND USE TAX COLLECTION. THE COMMISSIONER MAY  CONSULT  WITH  OTHER
 DEPARTMENTS TO EVALUATE AND DEVELOP COURSE CONTENT WHICH THE COMMISSION-
 ER CONSIDERS APPROPRIATE.
   (B)  A  TRAINING  PROGRAM FOR DESIGNATED INDIVIDUALS THAT MEETS ALL OF
 THE FOLLOWING:
   (I) IS OFFERED AT LEAST TWO TIMES EACH CALENDAR YEAR;
   (II) IS AVAILABLE TO ANY DESIGNATED INDIVIDUAL; AND
   (III) INCLUDES AT LEAST  EIGHT  HOURS  OF  PRE-LICENSING  TRAINING  IN
 TRANSFERRING  MOTOR  VEHICLE  TITLES,  DOCUMENTATION OF TITLE TRANSFERS,
 RECORD KEEPING, AND ANY OTHER SUBJECT MATTER CONSIDERED  APPROPRIATE  BY
 THE  COMMISSIONER,  SUCH  AS  CONSUMER  PROTECTION AND SALES AND USE TAX
 COLLECTION. THE COMMISSIONER MAY CONSULT WITH OTHER DEPARTMENTS TO EVAL-
 UATE AND DEVELOP COURSE CONTENT IT CONSIDERS APPROPRIATE.
   (C) A CONTINUING EDUCATION TRAINING PROGRAM  THAT  MEETS  ALL  OF  THE
 FOLLOWING:
   (I) IS CONDUCTED AT LEAST TWO TIMES IN EACH CALENDAR QUARTER;
   (II) INCLUDES AT LEAST FOUR HOURS OF TRAINING; AND
   (III)  INCLUDES  SUBJECT  MATTER CONSIDERED APPROPRIATE BY THE COMMIS-
 SIONER, SUCH AS TRANSFERRING  MOTOR  VEHICLE  TITLES,  DOCUMENTATION  OF
 TITLE  TRANSFERS, RECORD KEEPING, CONSUMER PROTECTION, AND SALES AND USE
 TAX COLLECTION. THE COMMISSIONER MAY CONSULT WITH OTHER  DEPARTMENTS  IT
 CONSIDERS APPROPRIATE TO EVALUATE AND DEVELOP COURSE CONTENT.
   3.  IN  THE SIX MONTH PERIOD PRECEDING THE DATE OF THE APPLICATION FOR
 AN ORIGINAL ELIGIBLE USED MOTOR VEHICLE DEALER LICENSE, EACH  INDIVIDUAL
 WHO  IS  THE APPLICANT, EACH PARTNER OF THE APPLICANT, OR EACH OFFICE OF
 THE APPLICANT, AS APPLICABLE, FOR THE ORIGINAL ELIGIBLE USED MOTOR VEHI-
 CLE DEALER LICENSE SHALL  COMPLETE  THE  PRE-LICENSING  DEALER  TRAINING
 PROGRAM  DESCRIBED  IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
 THIS SUBDIVISION DOES NOT APPLY TO ANY OF THE FOLLOWING:
   (A) AN APPLICANT, OR APPLICATION, FOR THE RENEWAL OF AN ELIGIBLE  USED
 MOTOR VEHICLE DEALER LICENSE;
   (B)  THE  HOLDER  OF  AN  ORIGINAL  ELIGIBLE USED MOTOR VEHICLE DEALER
 LICENSE THAT WAS GRANTED BEFORE, AND IS VALID, ON THE EFFECTIVE DATE  OF
 THIS SECTION; OR
   (C)  THE OWNER, PARTNER, CORPORATE OFFICER, OR DIRECTOR OF A NEW VEHI-
 CLE DEALER LICENSE.
   4. AN ELIGIBLE USED MOTOR VEHICLE DEALER  SHALL  SELECT  A  DESIGNATED
 INDIVIDUAL  FOR  EACH  OF  ITS  RETAIL SALES LOCATIONS. AN ELIGIBLE USED
 MOTOR VEHICLE DEALER SHALL NOT SELECT THE SAME INDIVIDUAL AS THE  DESIG-
 NATED INDIVIDUAL FOR MORE THAN THREE RETAIL SALES LOCATIONS.
   5.  THE  HOLDER  OF AN ORIGINAL OR RENEWED ELIGIBLE USED MOTOR VEHICLE
 DEALER LICENSE THAT WAS GRANTED BEFORE, AND IS VALID  ON  THE  EFFECTIVE
 S. 7400                             3
 
 DATE  OF  THIS  SECTION  SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION
 THREE OF THIS SECTION PRIOR TO THE DATE OF THE NEXT REQUIRED RENEWAL.
   6.  IN  ADDITION TO THE TRAINING PROGRAM DESCRIBED IN PARAGRAPH (B) OF
 SUBDIVISION TWO OF THIS SECTION, AN ELIGIBLE USED MOTOR  VEHICLE  DEALER
 SHALL  ENSURE  THAT  A  DESIGNATED  INDIVIDUAL  COMPLETES THE CONTINUING
 EDUCATION TRAINING PROGRAM DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION TWO
 OF THIS SECTION ONCE IN EACH TWENTY-FOUR MONTH PERIOD AFTER THE DATE  OF
 ISSUANCE OF ITS ORIGINAL LICENSE.
   7.  THE TRAINING REQUIREMENTS DESCRIBED IN SUBDIVISIONS TWO, THREE AND
 FIVE OF THIS SECTION MAY BE SATISFIED BY ATTENDING  A  TRAINING  PROGRAM
 THAT  IS  CONDUCTED  BY THE DEPARTMENT OF A QUALIFIED TRADE ORGANIZATION
 APPROVED BY THE COMMISSIONER UNDER SUBDIVISION NINE OF THIS SECTION.
   8. A QUALIFIED TRADE ORGANIZATION MAY APPLY TO  THE  COMMISSIONER  FOR
 APPROVAL  TO  CONDUCT THE TRAINING PROGRAMS DESCRIBED IN SUBDIVISION TWO
 OF THIS SECTION. A QUALIFIED TRADE  ORGANIZATION  SHALL  NOT  CONDUCT  A
 TRAINING  PROGRAM  UNLESS  IT OBTAINS THE APPROVAL FROM THE COMMISSIONER
 UNDER SUBDIVISION NINE OF THIS SECTION. THE COMMISSIONER  SHALL  DEVELOP
 AND  MAKE AVAILABLE AN APPLICATION FORM WITHIN THIRTY DAYS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.
   9. (A) THE COMMISSIONER SHALL ESTABLISH AN APPLICATION PROCEDURE FOR A
 QUALIFIED TRADE ORGANIZATION TO OBTAIN APPROVAL TO CONDUCT THE  TRAINING
 PROGRAMS  DESCRIBED IN SUBDIVISION TWO OF THIS SECTION THAT INCLUDES ALL
 OF THE FOLLOWING REQUIREMENTS:
   (I) ANY DOCUMENTATION REQUIRED FOR ESTABLISHING THAT THE APPLICANT  IS
 A QUALIFIED TRADE ORGANIZATION;
   (II)  A  TRAINING PROGRAM PLAN OR CURRICULUM FOR EACH TRAINING PROGRAM
 THE QUALIFIED TRADE ORGANIZATION INTENDS TO CONDUCT THAT  IS  CONSISTENT
 WITH THE TRAINING PROGRAMS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
 AND
   (III) ANY OTHER INFORMATION OR REQUIREMENTS THE COMMISSIONER CONSIDERS
 NECESSARY FOR PURPOSES OF APPROVING AN APPLICATION.
   (B)  NOT  LATER  THAN THIRTY DAYS AFTER RECEIVING AN APPLICATION UNDER
 THIS SUBDIVISION FROM A QUALIFIED TRADE ORGANIZATION TO CONDUCT TRAINING
 PROGRAMS UNDER THIS SECTION, THE COMMISSIONER SHALL APPROVE OR DENY  THE
 APPLICATION.  THE  COMMISSIONER  SHALL PROVIDE THE APPROVAL OR DENIAL IN
 WRITING AND, IF DENIED, SHALL STATE THE REASONS FOR THE DENIAL.  REGARD-
 LESS OF THE REASON FOR DENIAL, THE APPLICANT MAY RESUBMIT  THE  APPLICA-
 TION  CORRECTING  THE DEFICIENCIES IDENTIFIED IN THE DENIAL LETTER.  THE
 COMMISSIONER SHALL HAVE TEN BUSINESS DAYS TO REVIEW A RESUBMITTED APPLI-
 CATION AND EITHER APPROVE OR DENY  THE  APPLICATION.  IF  A  RESUBMITTED
 APPLICATION  IS  DENIED,  THE DENIAL MUST BE IN WRITING TO THE APPLICANT
 AND THE APPLICANT MUST HAVE AN OPPORTUNITY TO CORRECT  ANY  DEFICIENCIES
 IDENTIFIED IN THE DENIAL LETTER.
   (C)  THE TRAINING PROGRAMS ESTABLISHED BY THE DEPARTMENT OR ANY TRAIN-
 ING PROGRAM APPROVED UNDER THIS SUBDIVISION MAY BE CONDUCTED IN  PERSON,
 ONLINE OR BY OTHER ELECTRONIC MEANS.
   10.  THE  DEPARTMENT  SHALL PERIODICALLY MONITOR ALL TRAINING PROGRAMS
 APPROVED UNDER SUBDIVISION NINE OF THIS SECTION FOR COMPLIANCE WITH  THE
 REQUIREMENTS  OF  THE  TRAINING PROGRAMS DESCRIBED IN SUBDIVISION TWO OF
 THIS SECTION. IF A QUALIFIED TRADE ORGANIZATION THAT  HAS  RECEIVED  THE
 APPROVAL  TO CONDUCT A TRAINING PROGRAM OR PROGRAMS FAILS TO COMPLY WITH
 THE REQUIREMENTS OF THE TRAINING PROGRAMS, THE COMMISSIONER  MAY,  AFTER
 NOTICE AND HEARING, SUSPEND OR REVOKE THE APPROVAL.
   11.  THE  DEPARTMENT  SHALL  NOT RENEW THE LICENSE OF AN ELIGIBLE USED
 MOTOR VEHICLE DEALER UNLESS  THE  APPLICATION  FOR  RENEWAL  INCLUDES  A
 S. 7400                             4
 
 CERTIFICATION FROM THE DEALER THAT IT IS IN COMPLIANCE WITH THE TRAINING
 REQUIREMENTS APPLICABLE UNDER THIS SECTION.
   12. THE DEPARTMENT MAY CHARGE A QUALIFIED TRADE ORGANIZATION AN ANNUAL
 FEE  FOR  APPLYING  FOR APPROVAL TO CONDUCT TRAINING PROGRAMS UNDER THIS
 SECTION. SUCH ANNUAL FEE SHALL BE:
   (A) AN INITIAL APPLICATION FEE OF UP TO FIVE  HUNDRED  DOLLARS  TO  BE
 DETERMINED BY THE COMMISSIONER; AND
   (B)  AN  APPLICATION  RENEWAL  FEE  IN  AN  AMOUNT NOT TO EXCEED FIFTY
 PERCENT OF THE INITIAL APPLICATION FEE.
   13. A QUALIFIED TRADE ORGANIZATION THAT RECEIVED APPROVAL TO CONDUCT A
 TRAINING PROGRAM SHALL DO ALL OF THE FOLLOWING:
   (A) NOTIFY THE DEPARTMENT OF THE DATE, TIME, AND LOCATION OF A  TRAIN-
 ING  PROGRAM  AT  LEAST  THREE  DAYS  PRIOR  TO  CONDUCTING THE TRAINING
 PROGRAM. ALL TRAINING PROGRAMS MUST BE MADE AVAILABLE TO THE DEPARTMENT;
   (B) REPORT TO THE DEPARTMENT A LIST OF ALL PARTICIPANTS THAT COMPLETED
 THE TRAINING PROGRAM IN AN ELECTRONIC FORMAT; AND
   (C) REMIT TO THE DEPARTMENT A PAYMENT OF  FIVE  DOLLARS  PER  TRAINING
 PROGRAM PARTICIPANT.
   14.  THE  FEES COLLECTED BY THE DEPARTMENT UNDER SUBDIVISION TWELVE OF
 THIS SECTION SHALL BE DEPOSITED IN THE USED MOTOR VEHICLE DEALER  TRAIN-
 ING  PROGRAM  FUND  CREATED  UNDER  SECTION  NINETY-NINE-SS OF THE STATE
 FINANCE LAW.
   15. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO  EFFEC-
 TUATE THE PROVISIONS OF THIS SECTION.
   § 2. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   §  99-SS. USED MOTOR VEHICLE DEALER TRAINING PROGRAM FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF MOTOR VEHICLES A FUND TO BE KNOWN  AS  THE  "USED  MOTOR
 VEHICLE DEALER TRAINING PROGRAM FUND".
   2.  THE FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF
 MOTOR VEHICLES UNDER SECTION FOUR HUNDRED NINETEEN-B OF THE VEHICLE  AND
 TRAFFIC LAW AND ANY OTHER MONEYS APPROPRIATED THEREFOR.
   3.  MONEYS  FROM  THE  FUND  SHALL  BE  AVAILABLE  TO  ADMINISTER  THE
 PROVISIONS OF SECTION FOUR HUNDRED NINETEEN-B OF THE VEHICLE AND TRAFFIC
 LAW.  MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER OF MOTOR VEHI-
 CLES. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONIES ON  DEPOSIT  IN
 THE USED MOTOR VEHICLE DEALER TRAINING PROGRAM FUND SHALL BE RETAINED IN
 AND BECOME PART OF SUCH FUND.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.