What's happening
This bill bans most private entities from charging to help obtain motor vehicle registrations or certified real property deeds, with some exceptions.
Why it matters
Reduces opportunities for private businesses to profit from simple government transactions. by banning most paid “middleman” services for vehicle registrations and certified deed copies, the bill aims to prevent unnecessary fees for tasks the public can usually do themselves.
May help consumers avoid misleading or predatory services. some private companies charge high fees for basic registration or deed services that are otherwise inexpensive or free through official channels; this law would help stop those practices.
Protects legitimate legal and industry professionals. exceptions are made for attorneys and licensed title insurance agencies, acknowledging that some transactions do require professional expertise, so access to necessary legal help remains intact.
Makes violations a misdemeanor. by applying criminal penalties, the bill signals a serious intent to curb unauthorized or exploitative fee-for-service practices in these areas.
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Who cares
Motor vehicle registration service bureaus
The bill would bar issuing or renewing licenses for businesses that charge to secure vehicle registrations or provide instructions on obtaining them, with exceptions for holders of credentials under sections 394 and 415.
Businesses selling certified deed assistance
The bill would prohibit charging to secure certified copies of deeds filed with county clerks or provide instructions on obtaining them, making violations a misdemeanor.
Attorneys and licensed title insurance agencies
The bill would exempt attorneys providing legal services to clients and licensed title insurance agencies from the deed-service prohibition.
Department of Motor Vehicles
The commissioner would be required to deny licenses and renewals covered by the new registration-service restriction.
Headline styles
Ban Registration Fixers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8160
IN SENATE
April 11, 2018
Introduced by Sen. ORTT -- 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 real property law, in relation to prohibiting certain entities from engaging in the business of securing motor vehicle registrations or certified real property deeds or giving instructions as to procuring motor vehicle registrations or certified deeds
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 395 of the vehicle and traffic law, as amended by chapter 124 of the laws of 1974, is amended to read as follows:
§ 395. Certain private service bureaus to be licensed. Except as otherwise provided herein, no person, firm, association or corporation shall, engage in the business of assisting for hire in securing licenses to drive motor vehicles or registrations or titles of motor vehicles, nor shall any person, firm, association or corporation for compensation give instructions as to procuring licenses to drive motor vehicles or registrations or titles of motor vehicles, without being the holder of a license for such purpose issued by the commissioner of motor vehicles. An applicant for a license shall furnish the commissioner with such information and such references as to moral character as he may reasonably require. Every application shall be accompanied by a fee of twenty-five dollars, which shall be regarded as an application fee and shall in no event be refunded. If an application be approved by the commissioner, the applicant upon the payment of an additional fee of twentyfive dollars shall be granted a license which shall expire on the thirtieth day of June following the date of its issuance. The commissioner shall issue a license certificate to each licensee which certificate shall be conspicuously displayed in the place of business of the licensee, or, if the licensee has no place of business, such certificates shall be exhibited at the request of any person. In case of the loss, mutilation or destruction of a certificate, the commissioner shall issue a duplicate upon proof of the facts and the payment of a fee of one dollar. The refusal to issue a license may be reviewed by a proceeding
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13878-02-8
S. 8160 2
under article seventy-eight of the civil practice law and rules. Such license shall be renewed annually upon the payment of a fee of twentyfive dollars, such renewal to take effect on the first day of July in each year. Upon renewal, the commissioner may, in his discretion, issue a license which shall be valid for a two year period. The fee for any such two year renewal shall be fifty dollars.
No license shall be issued under this section nor shall any renewal of a license issued under this section be made for conducting business in a city having a population of fifty thousand or more, according to the latest federal census if the place of business of the licensee, or branch thereof, is within fifteen hundred feet of a building, owned or leased by the state, a county or a city, in which motor vehicle registrations or licenses to drive motor vehicles are issued to the public. The said distance of fifteen hundred feet shall be measured along the public streets by the nearest route from such place of business, or branch thereof, to such building. The provisions of this paragraph shall not apply to a holder of a certificate of registration issued pursuant to section four hundred fifteen of this chapter.
No license shall be issued under this section nor shall any renewal of a license issued under this section be made for a person, firm, association or corporation who engages in the business of assisting for hire in securing motor vehicle registrations or who, for compensation, give instructions as to procuring motor vehicle registrations. The provisions of this paragraph shall not apply to a holder of a license issued pursuant to section three hundred ninety-four of this article or the holder of a certificate of registration issued pursuant to section four hundred fifteen of this chapter.
A licensee shall be subject to such reasonable regulations concerning the business conducted under his license as the commissioner may prescribe and he shall permit the commissioner, or his representatives, to inspect his place of business on any business day and shall furnish to the commissioner, or his representative, such information concerning the conduct of the business as may be reasonably required.
The provisions of subdivisions five and six of section three hundred ninety-four of this [chapter] article shall be applicable with respect to this section.
The holder of a license issued pursuant to section three hundred ninety-four of this [chapter] article or the holder of a certificate of registration issued pursuant to section four hundred fifteen of this chapter shall not be required to secure a license under this section in order to conduct a business for which a license is required by this section but any such licensee, or registrant, who shall conduct such business, shall be subject to the same visitation and regulation by the commissioner with reference to such business as provided in this section with respect to a licensee under this section.
As used in this section the phrase "licenses to drive motor vehicles" includes the term "learners' permits".
A violation of any of the provisions of this section shall constitute a misdemeanor.
§ 2. The real property law is amended by adding a new section 291-k to read as follows:
§ 291-k. Certain private services prohibited. No person, firm, association or corporation shall engage in the business of assisting for hire in securing certified copies of real property deeds filed in the office of a county clerk in this state, nor shall any person, firm, association or corporation for compensation give instructions as to procuring certi-
S. 8160 3
fied copies of deeds. The provisions of this section shall not apply to an attorney providing legal services to a client or to a licensed title insurance agency. A violation of any of the provisions of this section shall constitute a misdemeanor.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law and the real property law, in relation to prohibiting certain entities from engaging in the business of securing motor vehicle registrations or certified real property deeds or giving instructions as to procuring motor vehicle registrations or certified deeds
Purpose
This legislation would prohibit a person, firm, association or corpo- ration from engaging in the business of assisting an individual to secure a motor vehicle registration for compensation with exception or a real estate deed for a fee.
Summary of provisions
Section 1 would prohibit a person, firm, association or corporation from engaging in the business of assisting an individual to secure a motor vehicle registration for compensation with exception. Section 2 would prohibit a person, firm, association or corporation from engaging in the business of assisting an individual to secure real estate deed for a fee with exception.
Section 3 is the effective date.
Justification
Currently unscrupulous individuals are preying on individuals working to convince them that they need assistance and help to secure their vehicle registration and/or deed. Both these items are readily available to purchase in an easy and accessible manner. Individuals who are offering their services for a fee for this, misrepresent the work that they do and must be done to get such items.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.