Bill Text: NY S09174 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires that vehicle manufacturers and/or dealers terminate an individual's access to remote vehicle technology upon request by domestic violence victims who provide an order of protection and proof of ownership of a vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-03 - PRINT NUMBER 9174B [S09174 Detail]

Download: New_York-2023-S09174-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9174--B

                    IN SENATE

                                       May 2, 2024
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to  be  committed  to the Committee on Consumer Protection --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to remote  vehicle
          technology and domestic violence victims

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-ccccc to read as follows:
     3    § 399-ccccc. Remote vehicle technology; domestic violence victims.  1.
     4  For  the  purposes of this section, the term "remote vehicle technology"
     5  shall mean any technology that allows a person who is outside of a vehi-
     6  cle to track the location of, or control any operation of, the  vehicle,
     7  and  includes,  but is not limited to, a global positioning system (GPS)
     8  that tracks the location of the vehicle or an app-based technology  that
     9  controls any operation of the vehicle.
    10    2.  (a)  A  vehicle  manufacturer  and/or dealer located in this state
    11  shall, within five business days after receiving a request by  a  driver
    12  who  meets the requirements of subdivision three of this section, termi-
    13  nate an individual's access to remote vehicle technology.
    14    (b) Upon a showing that  termination  of  an  individual's  access  to
    15  remote  technology  is  technologically infeasible, such manufacturer or
    16  dealer shall notify a driver seeking relief of such  technical  infeasi-
    17  bility and provide potential alternatives.
    18    3. (a) A request by a driver that a vehicle manufacturer and/or dealer
    19  terminate  an  individual's  access  to  remote vehicle technology shall
    20  include the following information:
    21    (i) proof of such driver's legal possession of a vehicle  manufactured
    22  by  such  vehicle manufacturer or sold by such dealer. Such proof may be
    23  established by providing a vehicle title, a court  order  awarding  sole
    24  possession  or  ownership of a vehicle to such driver, proof of marriage
    25  of the driver and the owner of the car at the time the car was bought or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14755-09-4
        S. 9174--B                          2

     1  leased, or such other proof as determined by the commissioner  of  motor
     2  vehicles; and
     3    (ii)  a  written  attestation that the person making such request is a
     4  victim of domestic violence, as defined in section four  hundred  fifty-
     5  nine-a of the social services law.
     6    (b) A vehicle manufacturer and/or dealer shall not require a driver to
     7  provide  any information other than what is required by paragraph (a) of
     8  this subdivision.
     9    4. A vehicle manufacturer and/or dealer shall notify a driver  seeking
    10  relief  under  subdivision  two of this section, in clear and accessible
    11  language, that such vehicle manufacturer and/or dealer may  contact  the
    12  driver,  or  the  designated representative of the driver, to confirm an
    13  individual's access to the remote vehicle  technology  has  been  termi-
    14  nated.
    15    5.  A  vehicle  manufacturer  and/or dealer shall, absent a showing of
    16  technological infeasibility, provide a notification inside of a  vehicle
    17  that  is  installed  with  remote  vehicle  technology that shows if the
    18  remote vehicle technology is being used.
    19    6. A vehicle manufacturer and/or dealer shall provide  information  on
    20  its  internet  website  and  vehicle internet applications, in clear and
    21  accessible language, on the process of terminating a person's access  to
    22  remote  vehicle  technology, including, but not limited to, the informa-
    23  tion required pursuant to paragraph (a) of  subdivision  three  of  this
    24  section.
    25    7.  A  vehicle  manufacturer and/or dealer shall not charge a driver a
    26  fee for completing a request  to  terminate  remote  vehicle  technology
    27  pursuant to this section.
    28    8. Any vehicle manufacturer and/or dealer who fails to comply with the
    29  requirements  of  this  section shall be assessed a civil penalty not to
    30  exceed five hundred dollars.
    31    § 2. This act shall take effect immediately.