Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 03, 2024 |
returned to assembly passed senate 3rd reading cal.459 substituted for s5085c |
Apr 03, 2024 |
substituted by a4066b |
Feb 26, 2024 |
advanced to third reading |
Feb 14, 2024 |
2nd report cal. |
Feb 13, 2024 |
1st report cal.459 |
Feb 02, 2024 |
print number 5085c |
Feb 02, 2024 |
amend and recommit to transportation |
Jan 03, 2024 |
referred to transportation |
Jun 05, 2023 |
print number 5085b |
Jun 05, 2023 |
amend and recommit to finance |
May 22, 2023 |
reported and committed to finance |
Mar 29, 2023 |
print number 5085a |
Mar 29, 2023 |
amend and recommit to transportation |
Feb 22, 2023 |
referred to transportation |
Senate Bill S5085C
2023-2024 Legislative Session
Sponsored By
(D, WF) Senate District
Current Bill Status Via A4066 - Passed Senate
- 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
Actions
Votes
Bill Amendments
co-Sponsors
(R, C) 60th Senate District
(R, C) 2nd Senate District
(R, C) 3rd Senate District
(R, C) 51st Senate District
2023-S5085 - Details
- See Assembly Version of this Bill:
- A4066
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §465, V & T L
2023-S5085 - Sponsor Memo
BILL NUMBER: S5085 SPONSOR: KENNEDY TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements PURPOSE: This bill amends the vehicle and traffic law to change the way dealers are reimbursed by manufacturers; provides that manufacturers must pay a dealer no less than the amount a retail customer pays the dealer for the same services; authorizes the use of agreed upon time guides; applies to warranty work and factory recalls; establishes a manner of determining effective labor rates. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the vehicle and traffic law to require that all vehicle franchisors adequately fulfill any warranty agreement, including recalls
2023-S5085 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5085 2023-2024 Regular Sessions I N S E N A T E February 22, 2023 ___________ Introduced by Sen. KENNEDY -- 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 requiring motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 465 of the vehicle and traffic law, as amended by chapter 26 of the laws of 2014, is amended to read as follows: 1. Every franchisor shall properly fulfill any warranty agreement and/or franchisor's service contract, INCLUDING BUT NOT LIMITED TO ALL WARRANTY AND FACTORY COMPENSATED REPAIRS, RECALLS, AND OTHER VOLUNTARY STOP-SELL REPAIRS, and shall compensate each of its franchised motor vehicle dealers for warranty parts and labor AND DIAGNOSTIC WORK in amounts which reflect reasonable compensation for such work. IN NO EVENT SHALL SUCH COMPENSATION FAIL TO INCLUDE FULL COMPENSATION FOR DIAGNOSTIC WORK, AS WELL AS REPAIR SERVICE, LABOR, AND PARTS. ADDITIONALLY, IF A TECHNICIAN IS REQUIRED TO COMMUNICATE WITH A TECHNICAL ASSISTANCE CENTER, ENGINEERING OR SOME EXTERNAL MANUFACTURER SOURCE IN ORDER TO PROVIDE A WARRANTY REPAIR, THE MANUFACTURER SHALL PAY FOR THE TIME FROM START OF COMMUNICATIONS (INCLUDING HOLD TIME) UNTIL THE COMMUNICATION IS COMPLETE. All warranty claims and/or claims under a franchisor's service contract made by franchised motor vehicle dealers shall be paid within thirty days following their approval. For DIAGNOSIS WORK, parts reimbursement, other than components, systems, fixtures, appliances, furnishings, accessories and features of a house coach that are designed, used and maintained primarily for nonvehicular residential purposes, and for labor reimbursement, reasonable compensation shall not be less than the price and rate charged by the franchised motor vehicle dealer for like services to non-warranty and/or non-service contract EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02112-01-3
co-Sponsors
(D) 15th Senate District
(D) 36th Senate District
(D, WF) 25th Senate District
(D, WF) 55th Senate District
2023-S5085A - Details
- See Assembly Version of this Bill:
- A4066
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §465, V & T L
2023-S5085A - Sponsor Memo
BILL NUMBER: S5085A SPONSOR: KENNEDY TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements PURPOSE: This bill amends the vehicle and traffic law to change the way dealers are reimbursed by manufacturers; provides that manufacturers must pay a dealer no less than the amount a retail customer pays the dealer for the same services; authorizes the use of agreed upon time guides; applies to warranty work and factory recalls; establishes a manner of determining effective labor rates. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the vehicle and traffic law to require that all vehicle franchisors adequately fulfill any warranty agreement, including recalls
2023-S5085A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5085--A 2023-2024 Regular Sessions I N S E N A T E February 22, 2023 ___________ Introduced by Sens. KENNEDY, GALLIVAN, MATTERA, MURRAY, OBERACKER, RAMOS -- 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, in relation to requiring motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 465 of the vehicle and traffic law, as amended by chapter 26 of the laws of 2014, is amended to read as follows: 1. Every franchisor shall properly fulfill any warranty agreement and/or franchisor's service contract, INCLUDING BUT NOT LIMITED TO ALL WARRANTY REPAIRS, EXTENDED WARRANTY REPAIRS, FACTORY COMPENSATED REPAIRS, RECALLS, DIAGNOSTICS, PARTS AND OTHER VOLUNTARY STOP-SELL REPAIRS, and shall compensate each of its franchised motor vehicle deal- ers for ALL warranty [parts and labor], RECALL, DIAGNOSTIC LABOR OPER- ATIONS AND PARTS WHERE APPLICABLE in amounts [which reflect reasonable compensation for such work] EQUAL TO THE APPLICABLE LABOR TIME GUIDE UTILIZED FOR RETAIL CUSTOMER PAID LABOR OPERATIONS BY A FRANCHISED MOTOR VEHICLE DEALER. IN NO EVENT SHALL SUCH COMPENSATION FAIL TO INCLUDE FULL COMPENSATION FOR DIAGNOSTIC WORK, AS WELL AS REPAIR SERVICE, LABOR, AND PARTS. ADDITIONALLY, IF A TECHNICIAN IS REQUIRED TO COMMUNICATE WITH A TECHNICAL ASSISTANCE CENTER, ENGINEERING OR SOME EXTERNAL MANUFACTURER SOURCE IN ORDER TO PROVIDE A WARRANTY REPAIR, THE MANUFACTURER SHALL PAY FOR THE TIME FROM START OF COMMUNICATIONS (INCLUDING HOLD TIME) UNTIL THE COMMUNICATION IS COMPLETE. All warranty claims and/or claims under a franchisor's service contract made by franchised motor vehicle dealers shall be paid within thirty days following their approval. For DIAGNOSIS WORK, parts reimbursement, other than components, systems, fixtures, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02112-04-3
co-Sponsors
(D) 15th Senate District
(D) 36th Senate District
(D, WF) 25th Senate District
(D, WF) 55th Senate District
2023-S5085B - Details
- See Assembly Version of this Bill:
- A4066
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §465, V & T L
2023-S5085B - Sponsor Memo
BILL NUMBER: S5085B SPONSOR: KENNEDY TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements PURPOSE: This bill amends the Vehicle and Traffic Law to change the way dealers are reimbursed by manufacturers; provides that manufacturers must pay a dealer reasonable compensation for warranty work based off the amount a retail customer pays the dealer for the same services; applies to warranty work and factory recalls; establishes a manner of determining effective labor rates; provides additional guarantees clarifying when warranty work is covered. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Vehicle and Traffic Law to require that all vehicle
2023-S5085B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5085--B 2023-2024 Regular Sessions I N S E N A T E February 22, 2023 ___________ Introduced by Sens. KENNEDY, ADDABBO, BAILEY, BRISPORT, BROUK, CANZONER- I-FITZPATRICK, CHU, COMRIE, COONEY, FERNANDEZ, GONZALEZ, HARCKHAM, HINCHEY, JACKSON, LANZA, LIU, MANNION, MARTINEZ, MARTINS, MATTERA, MAY, MAYER, MURRAY, MYRIE, OBERACKER, PALUMBO, RAMOS, RIVERA, SALAZAR, SCARCELLA-SPANTON, SKOUFIS, STAVISKY, WEBB, WEIK -- 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 -- 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, in relation to requiring motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 465 of the vehicle and traffic law, as amended by chapter 26 of the laws of 2014, is amended to read as follows: 1. Every franchisor shall properly fulfill any warranty agreement and/or franchisor's service contract, INCLUDING BUT NOT LIMITED TO ALL WARRANTY REPAIRS, EXTENDED WARRANTY REPAIRS, FACTORY COMPENSATED REPAIRS, RECALLS, DIAGNOSTICS, PARTS AND OTHER VOLUNTARY STOP-SELL REPAIRS, and shall compensate each of its franchised motor vehicle deal- ers for ALL warranty [parts and labor], RECALL, DIAGNOSTIC LABOR OPER- ATIONS AND PARTS WHERE APPLICABLE in amounts which reflect reasonable compensation for such work. FOR PURPOSES OF THIS SECTION, REASONABLE COMPENSATION SHALL INCLUDE THE REASONABLE LABOR TIME ON RETAIL CUSTOMER PAID LABOR OPERATIONS BY A FRANCHISED MOTOR VEHICLE DEALER. All warranty claims and/or claims under a franchisor's service contract made by fran- chised motor vehicle dealers shall be paid within thirty days following EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02112-05-3
co-Sponsors
(D) 15th Senate District
(D) 36th Senate District
(D, WF) 25th Senate District
(D, WF) 55th Senate District
2023-S5085C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4066
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §465, V & T L
2023-S5085C (ACTIVE) - Sponsor Memo
BILL NUMBER: S5085C SPONSOR: KENNEDY TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements PURPOSE: This bill amends the Vehicle and Traffic Law to change the way dealers are reimbursed by manufacturers; provides that manufacturers must pay a dealer reasonable compensation for warranty work based off the amount a retail customer pays the dealer for the same services; applies to warranty work and factory recalls; establishes a manner of determining effective labor rates; provides additional guarantees clarifying when warranty work is covered. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Vehicle and Traffic Law to require that all vehicle
2023-S5085C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5085--C 2023-2024 Regular Sessions I N S E N A T E February 22, 2023 ___________ Introduced by Sens. KENNEDY, ADDABBO, BAILEY, BRISPORT, BROUK, CANZONER- I-FITZPATRICK, CHU, COMRIE, COONEY, FERNANDEZ, GONZALEZ, HARCKHAM, HINCHEY, JACKSON, LANZA, MANNION, MARTINEZ, MARTINS, MATTERA, MAY, MAYER, MURRAY, MYRIE, OBERACKER, PALUMBO, RAMOS, RIVERA, SALAZAR, SCARCELLA-SPANTON, SKOUFIS, STAVISKY, WEBB, WEIK -- 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 -- 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 -- recommitted to the Committee on Transportation 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 vehicle and traffic law, in relation to requiring motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 465 of the vehicle and traffic law, as amended by chapter 26 of the laws of 2014, is amended to read as follows: 1. Every franchisor shall properly fulfill any warranty agreement and/or franchisor's service contract, INCLUDING BUT NOT LIMITED TO ALL WARRANTY REPAIRS, EXTENDED WARRANTY REPAIRS, FACTORY COMPENSATED REPAIRS, RECALLS, DIAGNOSTICS, PARTS AND OTHER VOLUNTARY STOP-SELL REPAIRS, and shall compensate each of its franchised motor vehicle deal- ers for ALL warranty [parts and labor], RECALL, DIAGNOSTIC LABOR OPER- ATIONS AND PARTS WHERE APPLICABLE in amounts which reflect reasonable compensation for such work. FOR PURPOSES OF THIS SECTION, REASONABLE COMPENSATION SHALL BE THE REASONABLE LABOR TIME ALLOWANCES DEFINED BY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02112-07-4
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