- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S07307 Summary:
BILL NO | S07307 |
  | |
SAME AS | SAME AS A09002 |
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SPONSOR | GOLDEN |
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COSPNSR | |
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MLTSPNSR | |
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Amd §§736 & 738, add §741-b, Gen Bus L; amd §415, V & T L; add §9-a, Chap of 2017 (as proposed in S. 5380-B and A. 6884-B) | |
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Requires automobile brokers to be licensed; clarifies the role of manufacturers and distributors. |
S07307 Actions:
BILL NO | S07307 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/05/2018 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2018 | ORDERED TO THIRD READING CAL.35 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2018 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2018 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2018 | referred to consumer affairs and protection | |||||||||||||||||||||||||||||||||||||||||||||||||
03/22/2018 | substituted for a9002 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/22/2018 | ordered to third reading rules cal.16 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/22/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
03/22/2018 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/06/2018 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
04/18/2018 | SIGNED CHAP.28 |
S07307 Committee Votes:
Go to topS07307 Floor Votes:
Yes
Abbate
Yes
Crouch
Yes
Gunther
Yes
Mayer
Yes
Pichardo
Yes
Taylor
Yes
Abinanti
Yes
Curran
ER
Harris
Yes
McDonald
Yes
Pretlow
Yes
Thiele
Yes
Arroyo
Yes
Cusick
Yes
Hawley
ER
McDonough
Yes
Quart
Yes
Titone
Yes
Aubry
Yes
Cymbrowitz
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titus
Yes
Barclay
Yes
Davila
ER
Hikind
Yes
Miller MG
Yes
Raia
Yes
Vanel
Yes
Barnwell
Yes
De La Rosa
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Walker
Yes
Barrett
Yes
DenDekker
Yes
Hunter
Yes
Montesano
Yes
Richardson
Yes
Wallace
Yes
Barron
Yes
Dickens
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Walsh
Yes
Benedetto
Yes
Dilan
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walter
Yes
Bichotte
Yes
Dinowitz
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Weinstein
Yes
Blake
ER
DiPietro
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weprin
Yes
Blankenbush
Yes
D'Urso
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Williams
Yes
Brabenec
Yes
Englebright
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Woerner
Yes
Braunstein
Yes
Errigo
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Wright
Yes
Brindisi
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Zebrowski
Yes
Bronson
ER
Finch
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Mr. Speaker
Yes
Buchwald
Yes
Fitzpatrick
Yes
Lalor
Yes
Ortiz
ER
Sepulveda
Yes
Butler
Yes
Friend
Yes
Lavine
Yes
Otis
Yes
Simon
Yes
Byrne
Yes
Galef
Yes
Lawrence
Yes
Palmesano
Yes
Simotas
Yes
Cahill
ER
Gantt
No
Lentol
Yes
Palumbo
ER
Skartados
Yes
Carroll
Yes
Garbarino
Yes
Lifton
Yes
Paulin
Yes
Skoufis
Yes
Castorina
Yes
Giglio
Yes
Lupardo
Yes
Pellegrino
Yes
Solages
Yes
Colton
Yes
Glick
Yes
Magee
Yes
Peoples-Stokes
Yes
Stec
Yes
Cook
Yes
Goodell
Yes
Magnarelli
Yes
Perry
Yes
Steck
Yes
Crespo
Yes
Gottfried
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
‡ Indicates voting via videoconference
S07307 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7307 IN SENATE January 5, 2018 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law and the vehicle and traffic law, in relation to requiring automobile brokers to be licensed; and to amend a chapter of the laws of 2017, amending the general business law and the vehicle and traffic law relating to requiring automobile brokers to be licensed, as proposed in legislative bills numbers S. 5380-B and A. 6884-B, in relation to manufacturers and distributors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 736 of the general business law, 2 as amended by a chapter of the laws of 2017, amending the general busi- 3 ness law and the vehicle and traffic law relating to requiring automo- 4 bile brokers to be licensed, as proposed in legislative bills numbers S. 5 5380-B and A. 6884-B, is amended to read as follows: 6 1. "Automobile broker business" means any person who, for a fee, 7 commission or other valuable consideration, regardless of whether such 8 fee, commission, or consideration is paid directly by a consumer, offers 9 to provide, provides, or represents that he or she will provide a 10 service of purchasing, arranging, assisting, facilitating or effecting 11 the purchase or lease of an automobile as agent, broker, or intermediary 12 for a consumer. "Automobile broker business" does not include any person 13 registered as a dealer pursuant to article sixteen of the vehicle and 14 traffic law nor any bona fide employee of a registered dealer while 15 acting for such dealer, or any person who sells, offers for sale or 16 lease or acts as agent, broker or intermediary in effecting the purchase 17 or lease of three or fewer automobiles in any calendar year[, or any18motor vehicle franchisor, manufacturer, or distributor registered under19article sixteen of the vehicle and traffic law who sells or leases new20motor vehicles to employees, immediate family members of employees,21retirees, or immediate family members of retirees as authorized by para-22graph (y) of subdivision two of section four hundred sixty-three of the23vehicle and traffic law], any national service which aggregates informa- 24 tion for consumers, but does not otherwise have contact with consumers, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10395-08-8S. 7307 2 1 or any motor vehicle franchisor, manufacturer, or distributor registered 2 under article sixteen of the vehicle and traffic law. 3 § 2. Paragraph e of subdivision 1 of section 738 of the general busi- 4 ness law, as amended by a chapter of the laws of 2017, amending the 5 general business law and the vehicle and traffic law relating to requir- 6 ing automobile brokers to be licensed, as proposed in legislative bills 7 numbers S. 5380-B and A. 6884-B, is amended to read as follows: 8 (e) A description of any other services and an itemization of the 9 charges for each. Such description shall include disclosure of the auto- 10 mobile dealer from which the automobile was purchased [or leased], as 11 well as all fees, commissions or other valuable considerations paid by 12 an automobile dealer to the automobile broker business for selling, 13 arranging, assisting or effecting the sale [or lease] of an automobile 14 as agent, broker, or intermediary between the consumer and the automo- 15 bile dealer. 16 § 3. The opening paragraph of subdivision 1 of section 738 of the 17 general business law, as added by chapter 616 of the laws of 1988, is 18 amended and a new subdivision 4 is added to read as follows: 19 Every contract between a consumer and an automobile broker business 20 for the purchase of an automobile shall be in writing, shall be dated, 21 shall contain the street address of the automobile broker business and 22 the consumer and shall be signed by the consumer and by the automobile 23 broker business. Every contract shall comply with the requirements set 24 forth in this section and contain the following: 25 4. An automobile broker business in any transaction involving the 26 lease of a vehicle shall provide the retail lessee with a retail lease 27 agreement as provided for in section three hundred thirty-seven of the 28 personal property law. The automobile broker shall provide a written 29 disclosure of the amount of any fee, commission or other consideration 30 paid or expected to be paid by the lessor to the automobile broker busi- 31 ness in connection with a transaction involving the lease of a vehicle. 32 Such disclosure shall be signed by the retail lessee. The automobile 33 broker business shall provide the retail lessee with a signed copy of 34 such disclosure together with the retail lease agreement referenced 35 herein. 36 § 4. The general business law is amended by adding a new section 741-b 37 to read as follows: 38 § 741-b. Disclosure. An automobile broker business shall provide a 39 disclosure at the time such automobile broker business takes an order to 40 search for a leased vehicle meeting the prospective lessee's specifica- 41 tions. Such disclosure shall provide the amount of any fees, commis- 42 sions or other valuable consideration the automobile broker business 43 expects to receive, if known, from a dealer, lessor or any other person 44 or entity for any assistance the automobile broker business provides in 45 effecting the lease transaction. If the amount of any such fees, commis- 46 sions or other valuable consideration the automobile broker business 47 expects to receive is unknown at the time of the required disclosure, 48 the automobile broker business shall disclose: (a) whether it has a 49 contract with any dealer, lessor or any other person or entity for the 50 provision of assistance in effecting a lease transaction; and (b) wheth- 51 er the automobile broker business may be compensated by the dealer, 52 lessor or any other person or entity for any assistance in effecting 53 such lease transaction. 54 § 5. Subdivision 6 of section 415 of the vehicle and traffic law, as 55 amended by section 1-b of part A of chapter 63 of the laws of 2005, is 56 amended to read as follows:S. 7307 3 1 6. Fees. Every original application for registration as a dealer, 2 automobile broker or transporter shall be accompanied by an application 3 fee of thirty-seven dollars and fifty cents, which shall in no event be 4 refunded. The annual fee for registration as a dealer, automobile broker 5 or transporter or for renewal thereof shall be two hundred twenty-five 6 dollars. The annual fee for any other registration under this section 7 shall be fifty dollars. However, the commissioner may, in his 8 discretion, issue a renewal of either registration for a period of two 9 years. The fee for a two-year renewal shall be twice the annual fee. The 10 annual fee for dealer or transporter number plates shall be twenty 11 dollars for each set. If the commissioner issues to dealers a document 12 which is required to be used by a dealer to sell or transfer a vehicle, 13 the fee for the issuance of each such document shall be five dollars. 14 There shall be no refund of registration fee or fees for number plates 15 in the event of suspension, revocation or voluntary cancellation of 16 registration. The fee for any such transfer document issued by the 17 commissioner shall be refunded only upon the surrender of such document 18 upon voluntary cancellation of registration. 19 § 6. Subdivision 6 of section 415 of the vehicle and traffic law, as 20 amended by chapter 7 of the laws of 2000, is amended to read as follows: 21 6. Fees. Every original application for registration as a dealer, 22 automobile broker or transporter shall be accompanied by an application 23 fee of twenty-five dollars, which shall in no event be refunded. The 24 annual fee for registration as a dealer, automobile broker or transpor- 25 ter or for renewal thereof shall be one hundred fifty dollars. The annu- 26 al fee for any other registration under this section shall be fifty 27 dollars. However, the commissioner may, in his discretion, issue a 28 renewal of either registration for a period of two years. The fee for a 29 two-year renewal shall be twice the annual fee. The annual fee for deal- 30 er or transporter number plates shall be twenty dollars for each set. If 31 the commissioner issues to dealers a document which is required to be 32 used by a dealer to sell or transfer a vehicle, the fee for the issuance 33 of each such document shall be one dollar. There shall be no refund of 34 registration fee or fees for number plates in the event of suspension, 35 revocation or voluntary cancellation of registration. The fee for any 36 such transfer document issued by the commissioner shall be refunded only 37 upon the surrender of such document upon voluntary cancellation of 38 registration. 39 § 7. A chapter of the laws of 2017, amending the general business law 40 and the vehicle and traffic law relating to requiring automobile brokers 41 to be licensed, as proposed in legislative bills numbers S. 5380-B and 42 A. 6884-B, is amended by adding a new section 9-a to read as follows: 43 § 9-a. Nothing contained within this act shall be deemed to grant a 44 manufacturer or distributor the ability to do anything that would be 45 prohibited under article 16 or article 17-A of the vehicle and traffic 46 law. 47 § 8. This act shall take effect on the same date and in the same 48 manner as a chapter of the laws of 2017, amending the general business 49 law and the vehicle and traffic law relating to requiring automobile 50 brokers to be licensed, as proposed in legislative bills numbers S. 51 5380-B and A. 6884-B, takes effect; provided that the amendments to 52 subdivision 6 of section 415 of the vehicle and traffic law made by 53 section five of this act shall be subject to the expiration and rever- 54 sion of such subdivision pursuant to section 13 of part U1 of chapter 62 55 of the laws of 2003, as amended, when upon such date the provisions of 56 section six of this act shall take effect.