NY State Senate Bill 2023-S5936A

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
Jun 04, 2024	referred to transportation delivered to assembly passed senate
Apr 17, 2024	advanced to third reading
Apr 16, 2024	2nd report cal.
Apr 15, 2024	1st report cal.795
Mar 04, 2024	print number 5936a
Mar 04, 2024	amend (t) and recommit to transportation
Jan 03, 2024	referred to transportation
Mar 23, 2023	referred to transportation

Votes

- Jun 4, 2024 - Floor Vote
  S5936A
  
  49
  
  Aye
  
  12
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (49)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      Weik
      
      nay (12)
      
      Ashby
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Martins
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Weber
      
      excused (1)
      
      Walczyk
  Apr 15, 2024 - Transportation Committee Vote
  S5936A
  
  10
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Apr 15, 2024
      
      aye (10)
      
      Cooney
      
      Fernandez
      
      Gonzalez
      
      Harckham
      
      Hinchey
      
      Kennedy
      
      Liu
      
      Mattera
      
      Persaud
      
      Ramos
      
      aye wr (2)
      
      Griffo
      
      Oberacker
      
      excused (1)
      
      Gallivan

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S5936 - Details

See Assembly Version of this Bill:: A6951
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§398-c & 398-e, add §398-j, V & T L

2023-S5936 - Summary

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

2023-S5936 - Sponsor Memo

                                 
BILL NUMBER: S5936

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
community review of all motor vehicle repair shop applicants

 
PURPOSE:

To create a system in which motor vehicle and repair shops are overseen
by a commissioner to ensure legal practices by the shops

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 and paragraph a-1 of section 398-c of the
vehicle and traffic law (VTL) as it relates to registration to operate a
motor vehicle repair shop to add that the commissioner is required to
consider the history of violations of this article or reported criminal
activity at the location, the effect on vehicular traffic and parking,
and all other relevant factors specified by law, ordinances, or regu-
lation in relation to the public interest. In addition, the relevant

community boards are able to give a certified letter of support to be
considered.

Section 2 amends section 398-e of the vehicle and traffic law as it
relates to certificate of registrations and the commissioner's authority
for suspension, revocation, refusal to issue, and civil penalties for
motor vehicle repair shops by adding a new paragraph (m) to consider the
history of repeated parking violations and complaints from munici-
palities or community boards as factors in determining the approval or
renewal of certificates of registration.

Section 3 amends Section 398-e of the vehicle and traffic law by adding
new subdivisions 1-a and b as it relates to certificate of registrations
for motor vehicle repair shops by allowing the commissioners to approve
or renew a certificate of registration after a hearing as designated
under 398-f of VTL and may consult with the municipality or community
board to determine if it it would be in the public interest. This
section also allows the commissioner to conduct a public meeting prior
to issuing any certificate of registration and must also provide notice
to all parties for any hearing or public meeting, but must give notice
at least ten business days in advance which can be waived by the munici-
pality or community board.

Section 4 adds a new section 398-J to the vehicle and traffic law to
establish the applicant's responsibility to notify municipalities of its
intent to file the application no less than 45 days beforehand and of
their location.

Section 5 sets the effective date to 120 days after it shall have become
law.

 
JUSTIFICATION:

Some auto shop businesses participate in illegal activity such as using
residential parking for cars under repair and parking cars under repair
on the sidewalk, blocking traffic and preventing residents from getting
to and from their homes as they are forced to travel in the street. This
particularly hinders disabled people from using pedestrian pathways.
Neighboring businesses are impeded from receiving goods via truck deliv-
eries. This practice by auto shops also limits residential parking in
dense neighborhoods. It is unfair for auto shop businesses to restrict
both public sidewalks, traffic flow, and parking from the community for
their commercial purposes. These impacts and other input from community
members should be important for the state to consider as these busi-
nesses seek various approvals, so this bill creates processes in New
York City to operationalize such input.

The New York City Police Department and the Department of Sanitation of
NYC assist in towing vehicles that are illegally parked, but their
resources are limited. Neither agency has the capacity to tow illegally
parked cars in front of auto shops every day. Current enforcement
efforts lead to fines and tow fees, which are infrequent enough that
they do not deter the illegal practices of auto shops.  The NYS Depart-
ment of Motor Vehicles (DMV) does not accept complaints regarding auto
shops' illegal parking practices in residential areas and does not
consider the community impact auto shops have on the surrounding commu-
nity.

This bill will allow community input on auto shop licensing from their
local community board, municipality, and DMV commissioner. This will
allow residents to provide feedback on the community impact of local
auto shops during the license renewal process, alerting auto shop owners
and the DMV of local impact. Community input prior to licensing and
relicensing is not a new idea, it is similar in nature to the SLA solic-
iting community input prior to granting liquor licenses. Auto shops
affect their neighborhoods in various ways, so approval of their appli-
cation or renewal of a certificate of registration should be subject to
a review by the DMV commissioner with the consultation of the local
municipalities or community boards.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2023-S5936 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5936
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced by Sens. RIVERA, SEPULVEDA -- 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
   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
 S. 5936                             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
 S. 5936                             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.

co-Sponsors

2023-S5936A (ACTIVE) - Details

See Assembly Version of this Bill:: A6951
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§398-c & 398-e, add §398-j, V & T L

2023-S5936A (ACTIVE) - Summary

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

2023-S5936A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5936A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
review of all motor vehicle repair shop applicants which includes commu-
nity input

 
PURPOSE:

To require review of all motor vehicle repair shop applicants which
includes community input in the city of New York.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 398-c to add a new subdivision
2-a as it relates to Additional Requirements for Transfers and Renewals,
requiring the commissioner to consider the history of violations of this
article, history of parking violations, or parking-related building code
violations; and any complaints from the relevant community boards, the
effect on vehicular traffic and parking, and all other relevant factors

specified by law, ordinances, or regulation in relation to the public
interest. Requires notice to such community board or boards and opinions
from the community board would be provided within 35 days of notice.

Section 2 amends section 398-e of the vehicle and traffic law as it
relates to certificate of registrations and the commissioner's authority
for suspension, revocation, refusal to issue, and civil penalties for
motor vehicle repair shops by adding a new paragraph (m) to consider the
history of conduct that includes multiple parking violations or failure
to cure two or more parking-related code violations in NYC in determin-
ing the transfer or renewal of certificates of registration.

Section 3 adds a new section 398-J to the vehicle and traffic law to
establish the applicant's responsibility to notify municipalities, for a
repair shop located in NYC, of its intent to file an application to
transfer or renew a certificate of registration no less than 45 days
beforehand, and request that the relevant community board provide a
written opinion in favor or against approval within 35 days of receiving
notice.

Section 4 sets the effective date to 120 days after it shall have become
law.

 
JUSTIFICATION:

Some auto shop businesses participate in illegal activity such as using
residential parking for cars under repair and parking cars under repair
on the sidewalk, blocking traffic and preventing residents from getting
to and from their homes as they are forced to travel in the street. This
particularly hinders disabled people from using pedestrian pathways.
Neighboring businesses are impeded from receiving goods via truck deliv-
eries. This practice by auto shops also limits residential parking in
dense neighborhoods. It is unfair for auto shop businesses to restrict
both public sidewalks, traffic flow, and parking from the community for
their commercial purposes.  The impacts and input from community members
is valuable as these businesses seek approval on their transfer or
renewals, and this bill would allow for such input to be considered.
The New York City Police Department and the Department of Sanitation of
NYC assist in towing vehicles that are illegally parked, but their
resources are limited. Neither agency has the capacity to tow illegally
parked cars in front of auto shops every day. Current enforcement
efforts lead to fines and tow fees, which are infrequent enough that
they do not deter the illegal practices of auto shops.

This bill would provide the community that auto shops are located in the
ability to respond in favor or against an auto shop's application for
renewals or transfer through their local community board. This would
allow residents to provide feedback on the community impact of local
auto shops during the license renewal or transfer process and community
input prior to relicensing is not a new idea, it is similar in nature to
the State Liquor Authority soliciting community input prior to granting
liquor licenses. Auto shops affect their neighborhoods in various ways,
so approval of their application for renewal or transfer of a certif-
icate of registration should be subject to a review by the community
boards they serve.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2023-S5936A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5936--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   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
   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.
                                                            LBD04545-04-4

 S. 5936--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-
 S. 5936--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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Senate Bill S5936A

Sponsored By

Current Bill Status - In Assembly Committee

Jun 4, 2024 - Floor Vote

Floor Vote: Jun 4, 2024

Apr 15, 2024 - Transportation Committee Vote

Transportation Committee Vote: Apr 15, 2024

Bill Amendments

co-Sponsors

2023-S5936 - Details

2023-S5936 - Summary

2023-S5936 - Sponsor Memo

2023-S5936 - Bill Text download pdf

co-Sponsors

2023-S5936A (ACTIVE) - Details

2023-S5936A (ACTIVE) - Summary

2023-S5936A (ACTIVE) - Sponsor Memo

2023-S5936A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5936A

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Sponsored By

Gustavo Rivera

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Luis R. Sepúlveda

2023-S5936 - Details

2023-S5936 - Summary

2023-S5936 - Sponsor Memo

2023-S5936 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2023-S5936A (ACTIVE) - Details

2023-S5936A (ACTIVE) - Summary

2023-S5936A (ACTIVE) - Sponsor Memo

2023-S5936A (ACTIVE) - Bill Text download pdf

Comments