Senate Bill S5936A

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

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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Bill Amendments

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

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
 
              

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

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
              

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