A 461: Prohibits certain entities from engaging in the business of assisting for hire in securing motor vehicle registrations or, for compensation, giving instructions as to procuring motor vehicle registrations.

  
  STATE OF NEW YORK ________________________________________________________________________ 461 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to prohibiting certain entities from engaging in the business of securing motor vehi- cle registrations or giving instructions as to procuring motor vehicle registrations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 395 of the vehicle and traffic law, as amended by 2 chapter 124 of the laws of 1974, is amended to read as follows: 3 § 395. Certain private service bureaus to be licensed. Except as 4 otherwise provided herein, no person, firm, association or corporation 5 shall, engage in the business of assisting for hire in securing licenses 6 to drive motor vehicles or registrations or titles of motor vehicles, 7 nor shall any person, firm, association or corporation for compensation 8 give instructions as to procuring licenses to drive motor vehicles or 9 registrations or titles of motor vehicles, without being the holder of a 10 license for such purpose issued by the commissioner of motor vehicles. 11 An applicant for a license shall furnish the commissioner with such 12 information and such references as to moral character as [he] such 13 commissioner may reasonably require. Every application shall be accompa- 14 nied by a fee of twenty-five dollars, which shall be regarded as an 15 application fee and shall in no event be refunded. If an application be 16 approved by the commissioner, the applicant upon the payment of an addi- 17 tional fee of twenty-five dollars shall be granted a license which shall 18 expire on the thirtieth day of June following the date of its issuance. 19 The commissioner shall issue a license certificate to each licensee 20 which certificate shall be conspicuously displayed in the place of busi- 21 ness of the licensee, or, if the licensee has no place of business, such 22 certificates shall be exhibited at the request of any person. In case of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02469-01-5 
 A. 461 2 1 the loss, mutilation or destruction of a certificate, the commissioner 2 shall issue a duplicate upon proof of the facts and the payment of a fee 3 of one dollar. The refusal to issue a license may be reviewed by a 4 proceeding under article seventy-eight of the civil practice law and 5 rules. Such license shall be renewed annually upon the payment of a fee 6 of twenty-five dollars, such renewal to take effect on the first day of 7 July in each year. Upon renewal, the commissioner may, in [his] at such 8 commissioner's discretion, issue a license which shall be valid for a 9 two year period. The fee for any such two year renewal shall be fifty 10 dollars. 11 No license shall be issued under this section nor shall any renewal of 12 a license issued under this section be made for conducting business in a 13 city having a population of fifty thousand or more, according to the 14 latest federal census if the place of business of the licensee, or 15 branch thereof, is within fifteen hundred feet of a building, owned or 16 leased by the state, a county or a city, in which motor vehicle regis- 17 trations or licenses to drive motor vehicles are issued to the public. 18 The said distance of fifteen hundred feet shall be measured along the 19 public streets by the nearest route from such place of business, or 20 branch thereof, to such building. The provisions of this paragraph shall 21 not apply to a holder of a certificate of registration issued pursuant 22 to section four hundred fifteen of this chapter. 23 No license shall be issued under this section nor shall any renewal of 24 a license issued under this section be made for a person, firm, associ- 25 ation or corporation who engages in the business of assisting for hire 26 in securing motor vehicle registrations or who, for compensation, give 27 instructions as to procuring motor vehicle registrations. The provisions 28 of this paragraph shall not apply to a holder of a license issued pursu- 29 ant to section three hundred ninety-four of this article or the holder 30 of a certificate of registration issued pursuant to section four hundred 31 fifteen of this chapter. 32 A licensee shall be subject to such reasonable regulations concerning 33 the business conducted under [his] such licensee's license as the 34 commissioner may prescribe and [he] such licensee shall permit the 35 commissioner, or [his] such commissioner's representatives, to inspect 36 [his] such licensee's place of business on any business day and shall 37 furnish to the commissioner, or [his] such commissioner's represen- 38 tative, such information concerning the conduct of the business as may 39 be reasonably required. 40 The provisions of subdivisions five and six of section three hundred 41 ninety-four of this [chapter] article shall be applicable with respect 42 to this section. 43 The holder of a license issued pursuant to section three hundred nine- 44 ty-four of this [chapter] article or the holder of a certificate of 45 registration issued pursuant to section four hundred fifteen of this 46 chapter shall not be required to secure a license under this section in 47 order to conduct a business for which a license is required by this 48 section but any such licensee, or registrant, who shall conduct such 49 business, shall be subject to the same visitation and regulation by the 50 commissioner with reference to such business as provided in this section 51 with respect to a licensee under this section. 52 As used in this section the phrase "licenses to drive motor vehicles" 53 includes the term "learners' permits". 54 A violation of any of the provisions of this section shall constitute 55 a misdemeanor. 56 § 2. This act shall take effect immediately.