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History
- Reported referred to codes
- Print number 4806a
- Amend and recommit to transportation
- Referred to transportation
- Advanced to third reading cal.171
- Reported
- Reported referred to codes
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the payment of restitution by registered and unregistered repair shops
In Senate Committee · Codes · Sponsor Martin Malavé Dilan
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A4806A
Title of bill
An act to amend the vehicle and traffic law, in relation to the payment of restitution by registered and unregistered repair shops
Purpose or general idea of bill
To better ensure the payment of resti- tution by motor vehicle repair shops to consumers.
SUMMARY OF SPECIFIC PROVISIONS:. The bill requires motor vehicle repair shops found to have committed certain violations to pay restitution to consumers when ordered to do so by the Department of Motor Vehicles upon a finding of financial loss to such consumers. The bill also calls for an increase in any civil penalty imposed for violations, if a repair shop fails to pay DMV-ordered restitution, and allows the waiver of a civil penalty and/or suspension upon payment of restitution.
Justification
Consumers who have been harmed by negligence or fraud perpetrated by a motor vehicle repair shop should be compensated. Under the Repair Shop Registration Act, administrative law judges are author- ized to order violators to pay civil penalties, pay the affected consum- er restitution, and/or suspend or revoke the shop's license to operate. The Act allows judges to offer a more "attractive" option to violators - often involving lowered civil penalties and reduced license suspension periods - if the violator agrees to pay the consumer the restitution ordered.
Unfortunately, there have been instances in which unscrupulous repair shops fail to take this option within thirty days, leaving the Judge with no further authority to order the shop to pay restitution to the consumer. Instead, the original civil penalty becomes due, and the original suspension period applies. In this instance, the consumer is no better off then when he or she first filed a complaint with the Depart- ment of Motor Vehicles. This bill would amend the Act to provide that when a violation is found to have occurred consumer restitution, when ordered by DMV, is required to be paid.
Prior legislative history
2007-2008: A.9624-A - Ordered to third read- ing rules Cal.434
Fiscal implications
None.
Effective date
September 1St after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.