Skip to content
S5227Senate2009-2010 SessionSame asA4806

Relates to the payment of restitution by registered and unregistered repair shops

Sponsor Martin Malavé DilanSD-17+3 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Martin Malavé Dilan

Senator · Senate District 17

History

  1. Reported and committed to codes
  2. Print number 5227a
  3. Amend and recommit to transportation
  4. Referred to transportation
  5. 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.

A4806Assembly

Relates to the payment of restitution by registered and unregistered repair shops

In Assembly Committee · Codes · Sponsor Audrey Pheffer

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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

To better ensure the payment of restitution 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 authorized to order violators to pay civil penalties, pay the affected consumer 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 Department 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 reading rules Cal. 434

Fiscal implications

None.

Effective date

November 1st after enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.