S02913 Summary:

BILL NOS02913C
 
SAME ASNo same as
 
SPONSORMAZIARZ
 
COSPNSRPARKER, PERKINS
 
MLTSPNSR
 
Amd S415, V & T L; amd SS198-a & 198-b, Gen Bus L
 
Relates to the definition and registration of mobility dealers.
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S02913 Actions:

BILL NOS02913C
 
02/03/2011REFERRED TO TRANSPORTATION
03/01/20111ST REPORT CAL.132
03/02/20112ND REPORT CAL.
03/03/2011ADVANCED TO THIRD READING
05/23/2011AMENDED ON THIRD READING 2913A
06/06/2011AMENDED ON THIRD READING (T) 2913B
06/07/2011AMENDED ON THIRD READING 2913C
06/21/2011PASSED SENATE
06/21/2011DELIVERED TO ASSEMBLY
06/21/2011referred to transportation
01/04/2012died in assembly
01/04/2012returned to senate
01/04/2012REFERRED TO TRANSPORTATION
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S02913 Floor Votes:

There are no votes for this bill in this legislative session.
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S02913 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2913--C                                            A. 4298--C
            Cal. No. 132
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    February 3, 2011
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sens. MAZIARZ, PERKINS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Transportation  --  reported favorably from said committee, ordered to
          first and second report, ordered  to  a  third  reading,  amended  and

          ordered  reprinted,  retaining its place in the order of third reading
          -- again amended and ordered reprinted, retaining  its  place  in  the
          order of third reading -- again amended and ordered reprinted, retain-
          ing its place in the order of third reading
 
        IN  ASSEMBLY -- Introduced by M. of A. PERRY, REILICH, ROBINSON, WEISEN-
          BERG -- Multi-Sponsored by -- M. of  A.    ABINANTI,  GIBSON,  HIKIND,
          McDONOUGH,  ORTIZ,  P. RIVERA,  TITUS -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 

        AN  ACT  to  amend  the vehicle and traffic law and the general business
          law, in relation to mobility dealers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs  a, f and i of subdivision 1 of section 415 of
     2  the vehicle and traffic law, as amended by chapter  7  of  the  laws  of
     3  2000, are amended and three new paragraphs k, l  and m are added to read
     4  as follows:
     5    a.  "Dealer" means a person engaged in the business of buying, selling
     6  or dealing in motor vehicles, motorcycles or trailers, other than mobile
     7  homes or manufactured homes, at retail or  wholesale;  except,  however,
     8  trailers  with  an  unladen weight of less than one thousand pounds. For
     9  the purposes of this section, a "mobile  home"  or  "manufactured  home"
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04356-06-1

        S. 2913--C                          2                         A. 4298--C
 
     1  means  a  mobile  home  or  manufactured  home as defined in section one
     2  hundred twenty-two-c of this chapter. Any person who  sells,  or  offers
     3  for  sale  more than five motor vehicles, motorcycles or trailers in any
     4  calendar  year  or  who displays or permits the display of three or more
     5  motor vehicles, motorcycles or trailers for sale  at  any  one  time  or
     6  within  any  one calendar month upon premises owned or controlled by him
     7  or her, if such vehicles were purchased, acquired or otherwise  obtained

     8  by  such person for the purpose of resale, will be regarded as a dealer.
     9  Except as otherwise provided in subdivisions  three,  five,  six-b,  and
    10  seven  of  this  section,  the  term "dealer" shall include a "new motor
    11  vehicle dealer" as defined by paragraph f  of  this  subdivision  and  a
    12  "qualified dealer" as defined in paragraph g of this subdivision.
    13    f. "New motor vehicle dealer" means a dealer who engages in the activ-
    14  ities  described  in  paragraph a of this subdivision if such activities
    15  relate to new motor vehicles and if such dealer is party to a franchise,
    16  as the terms "new motor vehicle" and "franchise" are defined in  section
    17  four hundred sixty-two of this title; provided, however, for purposes of
    18  this  definition,  a  new  motor  vehicle shall include only those motor
    19  vehicles commonly classified as a passenger  automobile,  sport  utility

    20  vehicle,  light  truck,  pickup truck, van, minivan, or suburban, with a
    21  gross vehicle weight rating of ten thousand pounds or  less,  and  shall
    22  not  include  (i) any such vehicle which has been converted for use as a
    23  tow truck[,] or (ii) a motor vehicle for  which  the  current  ownership
    24  document  is  a statement of acquisition issued pursuant to section four
    25  hundred twenty-nine  of  this  title,  a  salvage  certificate,  salvage
    26  certificate  of  title,  nonrepairable  certificate, or similar document
    27  issued by any state or jurisdiction; or (iii) any motor vehicle commonly
    28  classified as a bus, school bus,  garbage  truck,  marine  trailer,  tow
    29  truck,  motorcycle,  recreational  vehicle,  snowmobile, trailer, mobile
    30  home or construction equipment; and provided further that a dealer is  a
    31  new  motor  vehicle dealer only with respect to those vehicles which are

    32  of the same make as those which that dealer is  authorized  to  sell  at
    33  that location pursuant to a valid franchise agreement.
    34    i.  "Used  motor  vehicle" means any vehicle not included in the defi-
    35  nition of a new motor vehicle. Provided, however, that such term as used
    36  in paragraph g of this subdivision shall include only those motor  vehi-
    37  cles  commonly classified as a passenger automobile, sport utility vehi-
    38  cle, light truck, pick up truck, van, minivan or suburban, with a  gross
    39  vehicle  weight  rating of ten thousand pounds or less, which (i) is not
    40  deemed to be a "new motor vehicle"  pursuant  to  paragraph  h  of  this
    41  subdivision, or (ii) has not been converted for use as a tow truck[,] or
    42  (iii)  is  not  commonly classified as a bus, school bus, garbage truck,
    43  marine trailer, tow truck, motorcycle, recreational vehicle, snowmobile,

    44  trailer, mobile home, or construction equipment.
    45    k. (i) "Mobility dealer" means a  person  who  displays  for  sale  or
    46  advertises  for  sale  more  than five mobility vehicles in any calendar
    47  year or who displays or permits the display of three  or  more  mobility
    48  vehicles  at any one time or within any one calendar month upon premises
    49  owned or controlled by him or her, regardless of the ownership  of  such
    50  mobility vehicles.
    51    (ii) Mobility dealer does not include any of the following:
    52    (A) receivers, trustees, administrators, executors, guardians or other
    53  persons appointed by or acting under the judgment or order of any court;
    54    (B) public officers while performing their official duties;

    55    (C)  persons disposing of motor vehicles acquired for their own use or
    56  for the use of a family member, and actually so used, when the  vehicles

        S. 2913--C                          3                         A. 4298--C
 
     1  have  been  acquired  and used in good faith and not for the purposes of
     2  avoiding the provisions of this section;
     3    (D) financial institutions who sell repossessed mobility vehicles;
     4    (E)  insurance  companies  who  resell  mobility  vehicles  that  they
     5  acquired in the course of business.
     6    l. "Mobility equipment" means mechanical or electronic devices,  parts
     7  or  accessories  specifically  designed to facilitate the use of a motor
     8  vehicle by an aging or disabled person as interpreted  by  the  National

     9  Highway Traffic Safety Administration and which are permanently attached
    10  to or incorporated in the vehicle.
    11    m. "Mobility vehicle" means a motor vehicle that is specially designed
    12  and  equipped to transport a person with a disability (as interpreted by
    13  the National Highway Traffic Safety Administration) and that:
    14    (i) is designed and built or modified to  allow  vehicle  ingress  and
    15  egress for a person in a wheelchair or scooter; and
    16    (ii) contains at least one of the following:
    17    (A)  an electronic or mechanical wheelchair, scooter, or platform lift
    18  that enables a person to enter or exit the  vehicle  while  occupying  a
    19  wheelchair or scooter;
    20    (B) an electronic or mechanical wheelchair ramp; or

    21    (C)  a  system to secure a wheelchair or scooter to allow for a person
    22  to be safely transported while occupying the wheelchair or scooter, that
    23  is installed as an integral part or permanent attachment  to  the  motor
    24  vehicle's chassis.
    25    § 2. The opening paragraph and paragraph c of subdivision 3 of section
    26  415  of the vehicle and traffic law, as amended by chapter 7 of the laws
    27  of 2000, are amended and a  new  paragraph  b-1  is  added  to  read  as
    28  follows:
    29    Registration of new motor vehicle dealers, mobility dealers, qualified
    30  dealers, and other motor vehicle dealers.
    31    b-1.  No  person  shall  engage  in  business as a mobility dealer, or
    32  represent, advertise, or  otherwise  hold  himself  or  herself  out  as

    33  engaged  or intending to engage in the business of displaying, advertis-
    34  ing or inventorying new mobility vehicles in this  state,  unless  there
    35  shall  have been issued to him or her a certificate of registration as a
    36  mobility dealer as provided in this subdivision and subdivision seven of
    37  this section. Provided, however, that a  registered  new  motor  vehicle
    38  dealer  or qualified dealer may engage in business as a mobility dealer,
    39  or represent, advertise, or otherwise hold himself  or  herself  out  as
    40  engaged  or  intending to engage in the business of selling, displaying,
    41  offering, advertising or inventorying mobility vehicles in  this  state,
    42  without  having  been issued to him or her a certificate of registration
    43  as a mobility dealer.

    44    c. The issuance of such certificate of registration  to  a  new  motor
    45  vehicle dealer, a qualified dealer, mobility dealer or other motor vehi-
    46  cle  dealer  shall be deemed to include the right to operate motor vehi-
    47  cles, motorcycles and trailers to the extent  permitted  by  subdivision
    48  eight  of  this  section,  instead  of obtaining vehicle registration as
    49  provided by sections four hundred one  and  four  hundred  ten  of  this
    50  title. The provisions of this section shall not apply to persons engaged
    51  in the business of buying, selling or dealing in snowmobiles and/or snow
    52  travellers.
    53    §  3.  The  opening  paragraph  and  paragraph a of subdivision 6-b of
    54  section 415 of the vehicle and traffic law, as amended by chapter  7  of
    55  the laws of 2000, are amended to read as follows:


        S. 2913--C                          4                         A. 4298--C
 
     1    Dealer, qualified dealer, mobility dealer, and new motor vehicle deal-
     2  er  surety bond.   a. As a condition to obtaining a registration certif-
     3  icate pursuant to this section, every new motor vehicle dealer applicant
     4  [and], every qualified dealer applicant and every mobility dealer  shall
     5  obtain  and continue in effect a surety bond in an amount of fifty thou-
     6  sand dollars executed by a surety company authorized to  transact  busi-
     7  ness  in the state by the insurance department of the state. As a condi-
     8  tion to obtaining a registration certificate pursuant to  this  section,
     9  every mobility dealer applicant and every dealer applicant who is apply-
    10  ing for a registration certificate in the first instance or who sold two

    11  hundred  motor  vehicles  or  fewer  in the previous calendar year shall
    12  obtain and continue in effect a surety bond in an amount of ten thousand
    13  dollars executed by a surety company authorized to transact business  in
    14  the  state  by  the insurance department of the state. As a condition of
    15  obtaining a registration certificate pursuant  to  this  section,  every
    16  dealer  applicant  who  sold more than two hundred motor vehicles in the
    17  previous calendar year shall obtain and continue in effect a surety bond
    18  in an amount of twenty-five thousand dollars executed by a surety compa-
    19  ny authorized to transact business in the state by the insurance depart-
    20  ment of the state. The bonds shall be approved as to form by the commis-
    21  sioner and shall be conditioned  on  the  new  motor  vehicle  dealer's,
    22  qualified  dealer's,  and  dealer's:  payment  of all valid bank drafts,

    23  including checks, drawn by such dealer for the purchase of  motor  vehi-
    24  cles;  transfer  of  good title to each motor vehicle such dealer sells;
    25  safekeeping of all customer deposits related to  the  sale  of  a  motor
    26  vehicle  between  the  time  of receipt of such customer deposit and the
    27  transfer of good title to the vehicle to the customer; payment  for  all
    28  fines  imposed  upon  the new motor vehicle dealer, qualified dealer, or
    29  dealer by the commissioner pursuant to the provisions of  this  chapter;
    30  and  such  dealer's  repayment  of any overcharges of a customer by such
    31  dealer for the vehicle registration and titling charges payable  to  the
    32  commissioner for registering and titling the sold vehicle.
    33    §  4.  Paragraph  c of subdivision 7 of section 415 of the vehicle and
    34  traffic law, as amended by chapter 7 of the laws of 2000, is amended and

    35  a new paragraph b-1 is added to read as follows:
    36    b-1. Registration certificates for mobility dealers. (i)  Application.
    37  If a person makes application, under penalty of perjury, for a registra-
    38  tion  certificate  as  a mobility dealer, the commissioner shall issue a
    39  registration as a mobility dealer to such dealer  upon  payment  of  the
    40  prescribed  fee  and  any requirements the commissioner may prescribe by
    41  regulation.
    42    (ii) Rights of mobility dealers.  Notwithstanding  any  other  law  or
    43  rule,  a  person  holding  a  mobility dealer certificate shall have the
    44  right to:
    45    (A) display, inventory, advertise, solicit, or demonstrate any mobili-
    46  ty vehicle, regardless of the chassis make of the mobility vehicle,  and

    47  regardless  of  whether  ownership of such mobility vehicle is held by a
    48  new motor vehicle dealer inside or outside this state;
    49    (B)  arrange,  negotiate,  and/or  assist  consumers  as  regards  the
    50  purchase of any mobility vehicle;
    51    (C)  sell  and  install  mobility  equipment and accessories and other
    52  goods and services to meet the needs particular to disabled drivers  and
    53  passengers;
    54    (D) provide mobility vehicle maintenance and repair services.
    55    (iii)  Prohibitions.  Notwithstanding  any other law or rule, a person
    56  holding a mobility dealer  certificate  shall  not  have  the  right  to

        S. 2913--C                          5                         A. 4298--C
 

     1  perform  repairs  on  mobility vehicles or other motor vehicles, without
     2  obtaining a license as a repair shop pursuant to article  12-A  of  this
     3  chapter, however, a mobility dealer may, without obtaining such license,
     4  perform  repairs on parts which are unique to mobility vehicles and were
     5  not part of the original manufactured motor vehicle.
     6    (iv) Regulations by the commissioner. The commissioner shall have  the
     7  power  to  promulgate  such  regulations  as  are necessary to implement
     8  mobility dealer registration and establish  reasonable  and  appropriate
     9  qualifications for such dealers.
    10    c.  Registration  certificate for other than new motor vehicle dealer,
    11  mobility dealer or qualified dealer. If the  commissioner  approves  the

    12  application  of an applicant for a registration certificate other than a
    13  new motor vehicle dealer certificate or a qualified dealer  certificate,
    14  upon payment of the prescribed fee, he or she shall issue a registration
    15  certificate in such form as he or she may prescribe.
    16    §  5. Section 198-a of the general business law is amended by adding a
    17  new subdivision (p) to read as follows:
    18    (p) This section shall not apply to mobility equipment as  defined  in
    19  subdivision one of section four hundred fifteen of the vehicle and traf-
    20  fic law.
    21    §  6. Section 198-b of the general business law is amended by adding a
    22  new subdivision h to read as follows:
    23    h. This section shall not apply to mobility equipment  as  defined  in
    24  subdivision one of section four hundred fifteen of the vehicle and traf-

    25  fic law.
    26    § 7. This act shall take effect on the one hundred twentieth day after
    27  it shall become a law.
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