NY State Assembly Bill 2023-A6951A

Assembly Bill A6951A

2023-2024 Legislative Session

Requires review of all motor vehicle repair shop applicants which includes community input

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Current Bill Status - In Assembly 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
Apr 19, 2024	print number 6951a
Apr 19, 2024	amend (t) and recommit to transportation
Jan 03, 2024	referred to transportation
May 09, 2023	referred to transportation

Bill Amendments

Original

A (Active)

2023-A6951 - Details

See Senate Version of this Bill:: S5936
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§398-c & 398-e, add §398-j, V & T L

2023-A6951 - Summary

Requires review of all motor vehicle repair shop applicants which includes community input.

2023-A6951 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6951
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   community review of all motor vehicle repair shop applicants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 and  paragraph  (a-1)  of  subdivision  2  of
 section  398-c  of the vehicle and traffic law, subdivision 1 as amended
 by chapter 891 of the laws of 1977, and paragraph (a-1) of subdivision 2
 as added by chapter 63 of the laws of  1989,  are  amended  to  read  as
 follows:
   1.  Registration required. (A) On and after the first day of November,
 nineteen hundred seventy-five, no person shall operate, or cause to have
 operated, a motor vehicle repair shop, unless such motor vehicle  repair
 shop is registered in accordance with the provisions of this article and
 unless  such  registration  is  currently  valid.  The  commissioner may
 request the attorney general to commence an action to enjoin the  opera-
 tion  of any motor vehicle repair shop in violation of this subdivision.
 A violation of this subdivision shall be heard and determined and  shall
 be  subject  to  penalties  as provided in section three hundred ninety-
 eight-i of this [chapter] ARTICLE.
   (B) THE COMMISSIONER SHALL CONSIDER ANY OR ALL  OF  THE  FOLLOWING  IN
 DETERMINING  WHETHER  TO APPROVE AN APPLICANT'S CERTIFICATE OF REGISTRA-
 TION OR RENEWAL OF A CERTIFICATE OF REGISTRATION FOR THE OPERATION OF  A
 MOTOR VEHICLE REPAIR SHOP:
   (I)  ANY  HISTORY  OF  VIOLATIONS OF THIS ARTICLE OR REPORTED CRIMINAL
 ACTIVITY AT THE PROPOSED PREMISES;
   (II) THE EFFECT OF THE APPLICANT ON VEHICULAR TRAFFIC AND  PARKING  IN
 PROXIMITY TO THE LOCATION OF THE REPAIR SHOP; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04545-03-3
 A. 6951                             2

   (III)  ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELE-
 VANT TO DETERMINE THE  PUBLIC  CONVENIENCE  AND  ADVANTAGE,  AND  PUBLIC
 INTEREST OF THE COMMUNITY.
   (a-1) appropriate certification or documentation from the municipality
 where the repair shop is located that the facility is in compliance with
 applicable  zoning and planning regulations, fire regulations and build-
 ing codes.  IN THE CASE OF THE CITY OF NEW  YORK,  THE  APPLICANT  SHALL
 ALSO  INCLUDE  PROOF  OF  NOTIFICATION  AS  REQUIRED UNDER SECTION THREE
 HUNDRED NINETY-EIGHT-J OF THIS ARTICLE HAS  BEEN  SENT  TO  A  COMMUNITY
 BOARD  ESTABLISHED  PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW
 YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH THE  PREMISES
 IS  LOCATED  AND  SHARE ANY RESPONSE PROVIDED BY THE COMMUNITY BOARD. It
 shall be the responsibility of the applicant to provide such  documenta-
 tion  for  the commissioner. The commissioner may waive this requirement
 for applicants from municipalities without such codes or regulations.
   § 2. Paragraphs (k), (l) and the closing paragraph of subdivision 1 of
 section 398-e of the vehicle and traffic law, paragraph (k)  as  amended
 and paragraph (l) as added by chapter 527 of the laws of 2021, the clos-
 ing paragraph as amended by chapter 634 of the laws of 1980, are amended
 and a new paragraph (m) is added to read as follows:
   (k)  has  engaged in a course of conduct which unreasonably impedes or
 delays a consumer's right to a fair recovery pursuant to the  provisions
 of  an  automobile  insurance  policy,  the insurance law or regulations
 issued by the superintendent of financial services governing the  evalu-
 ation and adjustments of claims; [or]
   (l)  has  wilfully  violated  paragraph (b) of subdivision thirty-one,
 subdivision thirty-one-a or subdivision thirty-one-b  of  section  three
 hundred seventy-five of this [chapter.] TITLE; OR
   (M)  DEMONSTRATED  HISTORY OF REPEAT PARKING VIOLATIONS AND COMPLAINTS
 FROM THE  MUNICIPALITY  OR  COMMUNITY  BOARDS  ESTABLISHED  PURSUANT  TO
 SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURISDIC-
 TION OVER THE AREA IN WHICH THE PREMISES IS LOCATED.
   For  the purposes of paragraphs (g), (h), (i), (j) [and] , (k) AND (M)
 of this subdivision, it shall  be  presumed  that  the  actions  of  any
 employee  of  a  motor vehicle repair shop shall be attributable to, and
 deemed to be the actions of, such motor vehicle repair shop.
   § 3. Section 398-e of the vehicle and traffic law is amended by adding
 a new subdivision 1-a to read as follows:
   1-A. (A) THE COMMISSIONER MAY APPROVE OR RENEW A CERTIFICATE OF REGIS-
 TRATION IF, AFTER CONSULTATION WITH THE MUNICIPALITY OR COMMUNITY BOARD,
 IT DETERMINES THAT GRANTING SUCH CERTIFICATE OF REGISTRATION WOULD BE IN
 THE PUBLIC INTEREST. BEFORE IT MAY ISSUE ANY SUCH CERTIFICATE OF  REGIS-
 TRATION,  THE  COMMISSIONER OR THEIR DESIGNEE SHALL CONDUCT A HEARING IN
 ACCORDANCE WITH SECTION THREE HUNDRED NINETY-EIGHT-F OF THIS ARTICLE AND
 WITH REGULATIONS PROMULGATED BY THE COMMISSIONER,  UPON  NOTICE  TO  THE
 APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD, AND SHALL STATE AND
 FILE IN THEIR OFFICE THEIR REASONS THEREFOR. THE HEARING MAY BE RESCHED-
 ULED, ADJOURNED OR CONTINUED, AND THE  COMMISSIONER  OR  THEIR  DESIGNEE
 SHALL  GIVE  NOTICE  TO  THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY
 BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR CONTINUED HEARING.
   (B) BEFORE THE COMMISSIONER OR THEIR DESIGNEE ISSUES  ANY  CERTIFICATE
 OF  REGISTRATION, THE COMMISSIONER OR THEIR DESIGNEE MAY, IN ADDITION TO
 THE HEARING REQUIRED BY THIS SUBDIVISION, ALSO CONDUCT A PUBLIC  MEETING
 REGARDING SUCH CERTIFICATE OF REGISTRATION, UPON NOTICE TO THE APPLICANT
 AND  THE  MUNICIPALITY  OR  COMMUNITY  BOARD.  THE PUBLIC MEETING MAY BE
 RESCHEDULED, ADJOURNED OR  CONTINUED,  AND  THE  COMMISSIONER  OR  THEIR
 A. 6951                             3
 
 DESIGNEE  SHALL  GIVE  NOTICE  TO  THE APPLICANT AND THE MUNICIPALITY OR
 COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR  CONTINUED  PUBLIC
 MEETING.  NOTICE TO THE MUNICIPALITY OR COMMUNITY BOARD SHALL MEAN WRIT-
 TEN  NOTICE MAILED OR ELECTRONICALLY MAILED BY THE COMMISSIONER OR THEIR
 DESIGNEE TO SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST  TEN  BUSINESS
 DAYS  IN  ADVANCE  OF  ANY HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH.
 UPON THE REQUEST OF THE COMMISSIONER OR THEIR DESIGNEE, ANY MUNICIPALITY
 OR COMMUNITY BOARD MAY WAIVE THE TEN BUSINESS DAY NOTICE REQUIREMENT.
   § 4. The vehicle and traffic law is amended by adding  a  new  section
 398-j to read as follows:
   §  398-J.  NOTIFICATION TO MUNICIPALITIES. 1. NOT LESS THAN FORTY-FIVE
 DAYS BEFORE FILING FOR AN APPLICATION FOR A CERTIFICATE OF  REGISTRATION
 OR  RENEWAL  OF  A CERTIFICATE OF REGISTRATION AN APPLICANT SHALL NOTIFY
 THE MUNICIPALITY IN WHICH THE PREMISES IS LOCATED  OF  SUCH  APPLICANT'S
 INTENT  TO  FILE  SUCH  AN APPLICATION WITH CERTIFIED MAIL OR ELECTRONIC
 MAIL.
   2. SUCH NOTIFICATION SHALL BE MADE TO THE CLERK OF THE  VILLAGE,  TOWN
 OR  CITY,  AS  THE  CASE  MAY  BE,  WHEREIN THE PREMISES IS LOCATED. FOR
 PURPOSES OF THIS SECTION:
   (A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
 PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
   (B) IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED  PURSUANT
 TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-
 DICTION  OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE CONSID-
 ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
   3. THE COMMISSIONER SHALL REQUIRE SUCH NOTIFICATION TO BE ON A  STAND-
 ARDIZED FORM THAT CAN BE OBTAINED ON THE INTERNET OR FROM THE DEPARTMENT
 AND SUCH NOTIFICATION TO INCLUDE:
   (A)  THE  TRADE NAME OR "DOING BUSINESS AS" NAME, IF ANY, OF THE MOTOR
 VEHICLE REPAIR SHOP;
   (B) THE FULL NAME OF THE APPLICANT;
   (C) THE STREET ADDRESS OF THE MOTOR VEHICLE REPAIR SHOP, INCLUDING THE
 FLOOR LOCATION OR ROOM NUMBER, IF APPLICABLE;
   (D) THE MAILING ADDRESS OF THE MOTOR VEHICLE REPAIR SHOP, IF DIFFERENT
 THAN THE STREET ADDRESS;
   (E) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY  OR  REPRE-
 SENTATIVE OF THE APPLICANT, IF ANY;
   (F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:
   (I) A NEW MOTOR VEHICLE REPAIR SHOP;
   (II) A TRANSFER OF AN EXISTING LICENSED BUSINESS; OR
   (III) A RENEWAL OF AN EXISTING CERTIFICATE OF REGISTRATION;
   (G)  IF  THE  MOTOR  VEHICLE  REPAIR  SHOP IS A TRANSFER OR PREVIOUSLY
 REGISTERED MOTOR VEHICLE REPAIR SHOP, THE NAME OF THE OLD MOTOR  VEHICLE
 REPAIR  SHOP  AND A COPY OF SUCH MOTOR VEHICLE REPAIR SHOP'S CERTIFICATE
 OF REGISTRATION NUMBER; AND
   (H) IN THE CASE OF A RENEWAL, A COPY OF THE CERTIFICATE  OF  REGISTRA-
 TION OF THE APPLICANT.
   § 5. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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2023-A6951A (ACTIVE) - Details

See Senate Version of this Bill:: S5936
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§398-c & 398-e, add §398-j, V & T L

2023-A6951A (ACTIVE) - Summary

Requires review of all motor vehicle repair shop applicants which includes community input.

2023-A6951A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6951--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Transportation -- recommitted to the Committee  on  Transporta-
   tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  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
   review  of  all  motor  vehicle  repair shop applicants which includes
   community input
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 398-c of the vehicle and traffic law is amended by
 adding a new subdivision 2-a to read as follows:
   2-A.  ADDITIONAL REQUIREMENTS FOR TRANSFERS AND RENEWALS.  THE COMMIS-
 SIONER SHALL CONSIDER THE FOLLOWING FACTORS IN  DETERMINING  WHETHER  TO
 APPROVE AN APPLICANT'S TRANSFER OR RENEWAL OF A CERTIFICATE OF REGISTRA-
 TION FOR THE OPERATION OF A MOTOR VEHICLE REPAIR SHOP IN THE CITY OF NEW
 YORK,  IN  ADDITION  TO  SUCH  OTHER  FACTORS THEY DEEM MATERIAL TO SUCH
 RENEWAL:
   (I) ANY HISTORY OF VIOLATIONS OF  THIS  ARTICLE,  HISTORY  OF  PARKING
 VIOLATIONS, OR PARKING-RELATED BUILDING CODE VIOLATIONS;
   (II)  COMPLAINTS FROM THE COMMUNITY BOARD OR BOARDS ESTABLISHED PURSU-
 ANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK  CITY  CHARTER  WITH
 JURISDICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED;
   (III)  PROOF  OF  NOTIFICATION  TO  SUCH  COMMUNITY BOARD OR BOARDS AS
 REQUIRED UNDER SECTION THREE HUNDRED NINETY-EIGHT-J OF THIS ARTICLE;
   (IV) OPINIONS FOR OR AGAINST THE APPROVAL OF SUCH TRANSFER OR  RENEWAL
 PROVIDED  BY  THE  RELEVANT  COMMUNITY  BOARD WITHIN THIRTY-FIVE DAYS OF
 RECEIVING NOTICE PURSUANT TO SECTION  THREE  HUNDRED  NINETY-EIGHT-J  OF
 THIS ARTICLE;
   (V)  THE  EFFECT  OF THE APPLICANT ON VEHICULAR TRAFFIC AND PARKING IN
 PROXIMITY TO THE LOCATION OF THE REPAIR SHOP; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04545-05-4

 A. 6951--A                          2
 
   (VI) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT  ARE  RELE-
 VANT  TO  DETERMINE  THE  PUBLIC  CONVENIENCE  AND ADVANTAGE, AND PUBLIC
 INTEREST OF THE COMMUNITY.
   § 2. Paragraphs (k), (l) and the closing paragraph of subdivision 1 of
 section  398-e  of the vehicle and traffic law, paragraph (k) as amended
 and paragraph (l) as added by chapter 527 of the laws of 2021, the clos-
 ing paragraph as amended by chapter 634 of the laws of 1980, are amended
 and a new paragraph (m) is added to read as follows:
   (k) has engaged in a course of conduct which unreasonably  impedes  or
 delays  a consumer's right to a fair recovery pursuant to the provisions
 of an automobile insurance policy,  the  insurance  law  or  regulations
 issued  by the superintendent of financial services governing the evalu-
 ation and adjustments of claims; [or]
   (l) has wilfully violated paragraph  (b)  of  subdivision  thirty-one,
 subdivision  thirty-one-a  or  subdivision thirty-one-b of section three
 hundred seventy-five of this [chapter.] TITLE; OR
   (M) HAS ENGAGED IN A COURSE OF CONDUCT THAT INCLUDES MULTIPLE  PARKING
 VIOLATIONS OR FAILED TO CURE TWO OR MORE PARKING-RELATED CODE VIOLATIONS
 IN THE CITY OF NEW YORK.
   For  the purposes of paragraphs (g), (h), (i), (j) [and] , (k) AND (M)
 of this subdivision, it shall  be  presumed  that  the  actions  of  any
 employee  of  a  motor vehicle repair shop shall be attributable to, and
 deemed to be the actions of, such motor vehicle repair shop.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 398-j to read as follows:
   §  398-J.  NOTIFICATION TO MUNICIPALITIES. 1. NOT LESS THAN FORTY-FIVE
 DAYS BEFORE FILING FOR AN APPLICATION TO TRANSFER OR RENEW A CERTIFICATE
 OF REGISTRATION FOR A REPAIR SHOP THAT IS LOCATED IN  THE  CITY  OF  NEW
 YORK,  AN  APPLICANT SHALL NOTIFY SUCH CITY OF THEIR INTENT TO FILE SUCH
 AN APPLICATION WITH CERTIFIED MAIL OR ELECTRONIC MAIL.
   2. SUCH NOTIFICATION SHALL BE MADE TO THE COMMUNITY BOARD  ESTABLISHED
 PURSUANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER
 WITH JURISDICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED.
   3. THE COMMISSIONER SHALL REQUIRE SUCH NOTIFICATION TO BE ON A  STAND-
 ARDIZED  FORM  THAT CAN BE OBTAINED FROM ITS WEBSITE OR FROM THE DEPART-
 MENT AND SUCH NOTIFICATION SHALL INCLUDE:
   (A) THE TRADE NAME OR "DOING BUSINESS AS" NAME, IF ANY, OF  THE  MOTOR
 VEHICLE REPAIR SHOP;
   (B) THE FULL NAME OF THE APPLICANT;
   (C) THE STREET ADDRESS OF THE MOTOR VEHICLE REPAIR SHOP, INCLUDING THE
 FLOOR LOCATION OR ROOM NUMBER, IF APPLICABLE;
   (D) THE MAILING ADDRESS OF THE MOTOR VEHICLE REPAIR SHOP, IF DIFFERENT
 THAN THE STREET ADDRESS;
   (E)  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF THE ATTORNEY OR REPRE-
 SENTATIVE OF THE APPLICANT, IF ANY;
   (F) A STATEMENT INDICATING WHETHER THE APPLICATION IS FOR:
   (I) A TRANSFER OF AN EXISTING LICENSED BUSINESS; OR
   (II) A RENEWAL OF AN EXISTING CERTIFICATE OF REGISTRATION;
   (G) IF THE MOTOR VEHICLE REPAIR  SHOP  IS  A  TRANSFER  OR  PREVIOUSLY
 REGISTERED  MOTOR VEHICLE REPAIR SHOP, THE NAME OF THE OLD MOTOR VEHICLE
 REPAIR SHOP AND A COPY OF SUCH MOTOR VEHICLE REPAIR  SHOP'S  CERTIFICATE
 OF REGISTRATION NUMBER;
   (H)  IN  THE CASE OF A RENEWAL, A COPY OF THE CERTIFICATE OF REGISTRA-
 TION OF THE APPLICANT; AND
   (I) A REQUEST THAT SUCH COMMUNITY BOARD PROVIDE A WRITTEN OPINION  FOR
 OR AGAINST APPROVAL OF SUCH TRANSFER OR RENEWAL, AND ADVISE THE COMMUNI-
 A. 6951--A                          3
 
 TY  BOARD  THAT  SUCH  OPINION  IS  REQUIRED  WITHIN THIRTY-FIVE DAYS OF
 RECEIVING NOTICE FROM SUCH REPAIR SHOP.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Assembly Bill A6951A

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