NY State Senate Bill 2025-S2329

Current Bill Status - In Senate Committee Transportation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2025	referred to transportation

co-Sponsors

2025-S2329 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§398-c & 398-e, add §398-j, V & T L
Versions Introduced in 2023-2024 Legislative Session:: S5936

2025-S2329 (ACTIVE) - Summary

Requires review of all motor vehicle repair shop applicants which includes community input; establishes a list of factors that shall be considered when making such decisions.

2025-S2329 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2329

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 of the Vehicle and Traf-
fic Law to add a new subdivision 2-a, as it relates to Additional
Requirements for Transfers and Renewals, to require the Commissioner of
the Department of Motor Vehicles (DMV) 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. Additionally, this section requires
notice to such relevant 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 DMV Commissioner's
authority for suspension, revocation, refusal to issue, and civil penal-
ties 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 determining the transfer or renewal of certificates
of registration.

Section 3 adds a new section 398-J to the Vehicle and Traffic Law to
require that applicants, whose repair shop is located in New York City,
must notify municipalities of their 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 provides the effective date.

 
JUSTIFICATION:

Some auto shop repair shops engage in illegal practices, such as using
residential parking for cars under repair and parking those cars on the
sidewalk. This not only blocks traffic, but it prevents residents from
getting to and from their homes as they are forced to travel in the
street. This situation particularly hinders access for individuals with
disabilities who rely on pedestrian pathways.  Neighboring businesses
are impeded from receiving goods via truck deliveries. And, this prac-
tice by auto shops also limits residential parking in dense neighbor-
hoods. 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 when 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,
therefore approval of their application for renewal or transfer of a
certificate of registration should be subject to a review by the commu-
nity boards they serve.

 
LEGISLATIVE HISTORY:

2023-24: S5936-A t A6951-A Alvarez

 
FISCAL IMPLICATIONS:

To be determined.

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

2025-S2329 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2329
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 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
   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
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01420-01-5

 S. 2329                             2
 
   § 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-
 TY BOARD THAT SUCH  OPINION  IS  REQUIRED  WITHIN  THIRTY-FIVE  DAYS  OF
 RECEIVING NOTICE FROM SUCH REPAIR SHOP.
 S. 2329                             3
 
   § 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 S2329

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2025-S2329 (ACTIVE) - Details

2025-S2329 (ACTIVE) - Summary

2025-S2329 (ACTIVE) - Sponsor Memo

2025-S2329 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2329

Share this bill

Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Luis R. Sepúlveda

2025-S2329 (ACTIVE) - Details

2025-S2329 (ACTIVE) - Summary

2025-S2329 (ACTIVE) - Sponsor Memo

2025-S2329 (ACTIVE) - Bill Text download pdf

Comments