Assembly Bill A4066A

Signed By Governor
2023-2024 Legislative Session

Requires motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2023-A4066 - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §465, V & T L

2023-A4066 - Summary

Requires motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements.

2023-A4066 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4066
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred 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

multi-Sponsors

2023-A4066A - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §465, V & T L

2023-A4066A - Summary

Requires motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements.

2023-A4066A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4066--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of A. BURGOS, SILLITTI, GALLAGHER, FAHY, BRAUNSTEIN,
   CLARK,  FALL,  SEPTIMO,  MAMDANI,  RIVERA,  DURSO,  MILLER,  LUNSFORD,
   DARLING,  SANTABARBARA,  DeSTEFANO,  J. A. GIGLIO,  SMITH, K. BROWN --
   read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02112-03-3
              

co-Sponsors

multi-Sponsors

2023-A4066B (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §465, V & T L

2023-A4066B (ACTIVE) - Summary

Requires motor vehicle dealer franchisors to fully compensate franchised motor vehicle dealers for warranty service agreements.

2023-A4066B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4066--B
                                                         Cal. No. 112
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of A. BURGOS, SILLITTI, GALLAGHER, FAHY, BRAUNSTEIN,
   CLARK,  FALL,  SEPTIMO,  MAMDANI,  RIVERA,  DURSO,  MILLER,  LUNSFORD,
   DARLING,   SANTABARBARA,  DeSTEFANO,  J. A. GIGLIO,  SMITH,  K. BROWN,
   RAMOS,  LAVINE,  McMAHON,  JACOBSON,  SHIMSKY,  CUNNINGHAM,  SHRESTHA,
   L. ROSENTHAL,   THIELE,  DE LOS SANTOS,  MEEKS,  McDONOUGH,  WILLIAMS,
   COLTON, DINOWITZ, HEVESI, GUNTHER, BURKE, TAPIA, COOK, STERN,  WALKER,
   WEPRIN,  BENEDETTO,  SIMONE,  JEAN-PIERRE,  NORRIS,  JENSEN,  BEEPHAN,
   EPSTEIN, SLATER, GRAY, CONRAD, McDONALD,  SEAWRIGHT,  BURDICK,  BORES,
   BRABENEC,  HYNDMAN,  ZACCARO,  AUBRY,  STIRPE, REILLY, DILAN, SOLAGES,
   SAYEGH, CRUZ, CARROLL,  TAGUE,  ALVAREZ,  LUPARDO,  LEVENBERG,  FLOOD,
   GONZALEZ-ROJAS,  MORINELLO,  BRONSON,  WOERNER,  ZEBROWSKI,  E. BROWN,
   REYES, ARDILA, GALLAHAN, SIMPSON, GANDOLFO, BENDETT,  MCGOWAN,  STECK,
   WALLACE, MAHER, WALSH, RAGA, LEE, PHEFFER AMATO, KELLES -- Multi-Spon-
   sored  by -- M. of A. SIMON -- read once and referred to the Committee
   on Transportation  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee -- ordered to a
   third  reading,  amended and ordered reprinted, retaining its place on
   the order of third reading
 
 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
              

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