Bill Text: NY A06951 | 2023-2024 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2024-04-19 - print number 6951a [A06951 Detail]

Download: New_York-2023-A06951-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6951--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       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:

     1    Section 1.  Section 398-c of the vehicle and traffic law is amended by
     2  adding a new subdivision 2-a to read as follows:
     3    2-a.  Additional requirements for transfers and renewals.  The commis-
     4  sioner shall consider the following factors in  determining  whether  to
     5  approve an applicant's transfer or renewal of a certificate of registra-
     6  tion for the operation of a motor vehicle repair shop in the city of New
     7  York,  in  addition  to  such  other  factors they deem material to such
     8  renewal:
     9    (i) any history of violations of  this  article,  history  of  parking
    10  violations, or parking-related building code violations;
    11    (ii)  complaints from the community board or boards established pursu-
    12  ant to section twenty-eight hundred of the New York  city  charter  with
    13  jurisdiction over the area in which the premises is located;
    14    (iii)  proof  of  notification  to  such  community board or boards as
    15  required under section three hundred ninety-eight-j of this article;
    16    (iv) opinions for or against the approval of such transfer or  renewal
    17  provided  by  the  relevant  community  board within thirty-five days of
    18  receiving notice pursuant to section  three  hundred  ninety-eight-j  of
    19  this article;
    20    (v)  the  effect  of the applicant on vehicular traffic and parking in
    21  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

     1    (vi) any other factors specified by law or regulation that  are  rele-
     2  vant  to  determine  the  public  convenience  and advantage, and public
     3  interest of the community.
     4    § 2. Paragraphs (k), (l) and the closing paragraph of subdivision 1 of
     5  section  398-e  of the vehicle and traffic law, paragraph (k) as amended
     6  and paragraph (l) as added by chapter 527 of the laws of 2021, the clos-
     7  ing paragraph as amended by chapter 634 of the laws of 1980, are amended
     8  and a new paragraph (m) is added to read as follows:
     9    (k) has engaged in a course of conduct which unreasonably  impedes  or
    10  delays  a consumer's right to a fair recovery pursuant to the provisions
    11  of an automobile insurance policy,  the  insurance  law  or  regulations
    12  issued  by the superintendent of financial services governing the evalu-
    13  ation and adjustments of claims; [or]
    14    (l) has wilfully violated paragraph  (b)  of  subdivision  thirty-one,
    15  subdivision  thirty-one-a  or  subdivision thirty-one-b of section three
    16  hundred seventy-five of this [chapter.] title; or
    17    (m) has engaged in a course of conduct that includes multiple  parking
    18  violations or failed to cure two or more parking-related code violations
    19  in the city of New York.
    20    For  the purposes of paragraphs (g), (h), (i), (j) [and] , (k) and (m)
    21  of this subdivision, it shall  be  presumed  that  the  actions  of  any
    22  employee  of  a  motor vehicle repair shop shall be attributable to, and
    23  deemed to be the actions of, such motor vehicle repair shop.
    24    § 3. The vehicle and traffic law is amended by adding  a  new  section
    25  398-j to read as follows:
    26    §  398-j.  Notification to municipalities. 1. Not less than forty-five
    27  days before filing for an application to transfer or renew a certificate
    28  of registration for a repair shop that is located in  the  city  of  New
    29  York,  an  applicant shall notify such city of their intent to file such
    30  an application with certified mail or electronic mail.
    31    2. Such notification shall be made to the community board  established
    32  pursuant  to  section  twenty-eight hundred of the New York city charter
    33  with jurisdiction over the area in which the premises is located.
    34    3. The commissioner shall require such notification to be on a  stand-
    35  ardized  form  that can be obtained from its website or from the depart-
    36  ment and such notification shall include:
    37    (a) the trade name or "doing business as" name, if any, of  the  motor
    38  vehicle repair shop;
    39    (b) the full name of the applicant;
    40    (c) the street address of the motor vehicle repair shop, including the
    41  floor location or room number, if applicable;
    42    (d) the mailing address of the motor vehicle repair shop, if different
    43  than the street address;
    44    (e)  the  name, address and telephone number of the attorney or repre-
    45  sentative of the applicant, if any;
    46    (f) a statement indicating whether the application is for:
    47    (i) a transfer of an existing licensed business; or
    48    (ii) a renewal of an existing certificate of registration;
    49    (g) if the motor vehicle repair  shop  is  a  transfer  or  previously
    50  registered  motor vehicle repair shop, the name of the old motor vehicle
    51  repair shop and a copy of such motor vehicle repair  shop's  certificate
    52  of registration number;
    53    (h)  in  the case of a renewal, a copy of the certificate of registra-
    54  tion of the applicant; and
    55    (i) a request that such community board provide a written opinion  for
    56  or against approval of such transfer or renewal, and advise the communi-
        A. 6951--A                          3

     1  ty  board  that  such  opinion  is  required  within thirty-five days of
     2  receiving notice from such repair shop.
     3    § 4. This act shall take effect on the one hundred twentieth day after
     4  it  shall have become a law. Effective immediately, the addition, amend-
     5  ment and/or repeal of any rule or regulation necessary for the implemen-
     6  tation of this act on its effective date are authorized to be  made  and
     7  completed on or before such effective date.