Bill Text: NY S07972 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes used motor vehicle dealer training programs to educate dealers on topics such as consumer protection and sales and use tax collection; permits trade organizations to apply to conduct training programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-04 - REFERRED TO TRANSPORTATION [S07972 Detail]
Download: New_York-2023-S07972-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7972 IN SENATE January 4, 2024 ___________ Introduced by Sen. THOMAS -- 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 and the state finance law, in relation to used motor vehicle dealer education The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 419-b to read as follows: 3 § 419-b. Used motor vehicle dealer education program. 1. For purposes 4 of this section, the following terms shall be defined as follows: 5 (a) "Designated individual" means any of the following individuals, if 6 they are selected by an eligible used motor vehicle dealer to complete a 7 training program described in this section: 8 (i) an individual who is a licensed eligible used motor vehicle dealer 9 or a partner or officer of a licensed eligible used motor vehicle deal- 10 er; or 11 (ii) an individual who is an employee of a licensed eligible used 12 motor vehicle dealer, such as a general manager, a sales manager, or an 13 employee who is responsible for preparing title documents for the deal- 14 er. 15 (b) "Eligible used motor vehicle dealer" means a person who is 16 licensed as a used motor vehicle dealer, or is applying for licensure as 17 a used motor vehicle dealer, and is not an owner, partner, corporate 18 officer, or director of a licensed new motor vehicle dealer or seeking 19 licensure as an owner, partner, corporate officer, or director of a new 20 motor vehicle dealer. 21 (c) "Fund" means the used motor vehicle dealer training program fund 22 created under section ninety-nine-rr of the state finance law. 23 (d) "Qualified trade organization" means a bona fide nonprofit member- 24 ship organization that is based in this state, that has been in exist- 25 ence for at least five years, and whose members are primarily eligible 26 used motor vehicle dealers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11872-02-3S. 7972 2 1 2. The commissioner shall establish each of the following used motor 2 vehicle dealer training programs for eligible used motor vehicle deal- 3 ers: 4 (a) A pre-licensing dealer training program that meets all of the 5 following requirements: 6 (i) is available to any individual who is an eligible used motor vehi- 7 cle dealer applying for an original dealer license or is a partner or 8 officer of an eligible used motor vehicle dealer applying for an 9 original dealer license; and 10 (ii) includes training related to this section and any other subject 11 matter approved by the commissioner, such as consumer protection and 12 sales and use tax collection. The commissioner may consult with other 13 departments to evaluate and develop course content which he or she 14 considers appropriate. 15 (b) A training program for designated individuals that meets all of 16 the following: 17 (i) is offered at least two times each calendar year; 18 (ii) is available to any designated individual; and 19 (iii) includes at least eight hours of pre-licensing training in 20 transferring motor vehicle titles, documentation of title transfers, 21 record keeping, and any other subject matter considered appropriate by 22 the commissioner, such as consumer protection and sales and use tax 23 collection. The commissioner may consult with other departments to eval- 24 uate and develop course content it considers appropriate. 25 (c) A continuing education training program that meets all of the 26 following: 27 (i) is conducted at least two times in each calendar quarter; 28 (ii) includes at least four hours of training; and 29 (iii) includes subject matter considered appropriate by the commis- 30 sioner, such as transferring motor vehicle titles, documentation of 31 title transfers, record keeping, consumer protection, and sales and use 32 tax collection. The commissioner may consult with other departments it 33 considers appropriate to evaluate and develop course content. 34 3. In the six month period preceding the date of the application for 35 an original eligible used motor vehicle dealer license, each individual 36 who is the applicant, each partner of the applicant, or each office of 37 the applicant, as applicable, for the original eligible used motor vehi- 38 cle dealer license shall complete the pre-licensing dealer training 39 program described in paragraph (a) of subdivision two of this section. 40 This subdivision does not apply to any of the following: 41 (a) an applicant, or application, for the renewal of an eligible used 42 motor vehicle dealer license; 43 (b) the holder of an original eligible used motor vehicle dealer 44 license that was granted before, and is valid, on the effective date of 45 this section; or 46 (c) the owner, partner, corporate officer, or director of a new vehi- 47 cle dealer license. 48 4. An eligible used motor vehicle dealer shall select a designated 49 individual for each of its retail sales locations. An eligible used 50 motor vehicle dealer shall not select the same individual as the desig- 51 nated individual for more than three retail sales locations. 52 5. The holder of an original or renewed eligible used motor vehicle 53 dealer license that was granted before, and is valid on the effective 54 date of this section shall comply with the provisions of subdivision 55 three of this section prior to the date of the next required renewal.S. 7972 3 1 6. In addition to the training program described in paragraph (b) of 2 subdivision two of this section, an eligible used motor vehicle dealer 3 shall ensure that a designated individual completes the continuing 4 education training program described in paragraph (c) of subdivision two 5 of this section once in each twenty-four month period after the date of 6 issuance of its original license. 7 7. The training requirements described in subdivisions two, three and 8 five of this section may be satisfied by attending a training program 9 that is conducted by the department of a qualified trade organization 10 approved by the commissioner under subdivision nine of this section. 11 8. A qualified trade organization may apply to the commissioner for 12 approval to conduct the training programs described in subdivision two 13 of this section. A qualified trade organization shall not conduct a 14 training program unless it obtains the approval from the commissioner 15 under subdivision nine of this section. The commissioner shall develop 16 and make available an application form within thirty days of the effec- 17 tive date of this section. 18 9. (a) The commissioner shall establish an application procedure for a 19 qualified trade organization to obtain approval to conduct the training 20 programs described in subdivision two of this section that includes all 21 of the following requirements: 22 (i) any documentation required for establishing that the applicant is 23 a qualified trade organization; 24 (ii) a training program plan or curriculum for each training program 25 the qualified trade organization intends to conduct that is consistent 26 with the training programs described in subdivision two of this section; 27 and 28 (iii) any other information or requirements the commissioner considers 29 necessary for purposes of approving an application. 30 (b) Not later than thirty days after receiving an application under 31 this subdivision from a qualified trade organization to conduct training 32 programs under this section, the commissioner shall approve or deny the 33 application. The commissioner shall provide the approval or denial in 34 writing and, if denied, shall state the reasons for the denial. Regard- 35 less of the reason for denial, the applicant may resubmit the applica- 36 tion correcting the deficiencies identified in the denial letter. The 37 commissioner shall have ten business days to review a resubmitted appli- 38 cation and either approve or deny the application. If a resubmitted 39 application is denied, the denial must be in writing to the applicant 40 and the applicant must have an opportunity to correct any deficiencies 41 identified in the denial letter. 42 (c) The training programs established by the department or any train- 43 ing program approved under this subdivision may be conducted in person, 44 online or by other electronic means. 45 10. The department shall periodically monitor all training programs 46 approved under subdivision nine of this section for compliance with the 47 requirements of the training programs described in subdivision two of 48 this section. If a qualified trade organization that has received the 49 approval to conduct a training program or programs fails to comply with 50 the requirements of the training programs, the commissioner may, after 51 notice and hearing, suspend or revoke the approval. 52 11. The department shall not renew the license of an eligible used 53 motor vehicle dealer unless the application for renewal includes a 54 certification from the dealer that it is in compliance with the training 55 requirements applicable under this section.S. 7972 4 1 12. The department may charge a qualified trade organization an annual 2 fee for applying for approval to conduct training programs under this 3 section. Such annual fee shall be: 4 (a) an initial application fee of up to five hundred dollars to be 5 determined by the commissioner; and 6 (b) an application renewal fee in an amount not to exceed fifty 7 percent of the initial application fee. 8 13. A qualified trade organization that received approval to conduct a 9 training program shall do all of the following: 10 (a) notify the department of the date, time, and location of a train- 11 ing program at least three days prior to conducting the training 12 program. All training programs must be made available to the department; 13 (b) report to the department a list of all participants that completed 14 the training program in an electronic format; and 15 (c) remit to the department a payment of five dollars per training 16 program participant. 17 14. The fees collected by the department under subdivision twelve of 18 this section shall be deposited in the used motor vehicle dealer train- 19 ing program fund created under section ninety-nine-rr of the state 20 finance law. 21 15. The commissioner shall promulgate rules and regulations to effec- 22 tuate the provisions of this section. 23 § 2. The state finance law is amended by adding a new section 99-rr to 24 read as follows: 25 99-rr. Used motor vehicle dealer training program fund. 1. There is 26 hereby established in the joint custody of the state comptroller and the 27 commissioner of motor vehicles a fund to be known as the "used motor 28 vehicle dealer training program fund". 29 2. The fund shall consist of all moneys received by the department of 30 motor vehicles under section four hundred nineteen-b of the vehicle and 31 traffic law and any other moneys appropriated therefor. 32 3. Moneys from the fund shall be available to administer the 33 provisions of section four hundred nineteen-b of the vehicle and traffic 34 law. Monies shall be paid out of the fund on the audit and warrant of 35 the comptroller on vouchers approved by the commissioner of motor vehi- 36 cles. Any interest received by the comptroller on monies on deposit in 37 the used motor vehicle dealer training program fund shall be retained in 38 and become part of such fund. 39 § 3. This act shall take effect on the thirtieth day after it shall 40 have become a law.
