Bill Text: NY A01191 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires actual written consent for participation in franchise programs for motor vehicle dealer.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-06-06 - substituted by s1347 [A01191 Detail]
Download: New_York-2011-A01191-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1191 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring actual consent to participation in franchise programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 463 of the vehicle and traffic law 2 is amended by adding a new paragraph (hh) to read as follows: 3 (HH) TO REQUIRE THAT A FRANCHISED MOTOR VEHICLE DEALER CONTRIBUTE 4 MONETARILY TO ANY PROGRAM OR PROMOTION WITHOUT FIRST RECEIVING THE WRIT- 5 TEN CONSENT OF THE FRANCHISED MOTOR VEHICLE DEALER TO PARTICIPATE IN 6 SUCH PROGRAM OR PROMOTION. FOR PURPOSES OF THIS PARAGRAPH, THE WRITTEN 7 CONSENT SPECIFIC TO THE PARTICULAR PROGRAM OR PROMOTION MUST BE 8 EXECUTED, BY MEANS OF HANDWRITTEN, TYPED OR ELECTRONIC SIGNATURE, WITHIN 9 SIXTY DAYS PRIOR TO THE START OF THE PARTICULAR PROGRAM OR PROMOTION, 10 PROVIDED, HOWEVER, THAT CONSENT SHALL NOT BE REQUIRED TO CONTINUE 11 PARTICIPATION IN A PROGRAM OR PROMOTION TO WHICH THE DEALER HAS GIVEN 12 WRITTEN CONSENT TO RENEWAL, AND PROVIDED FURTHER, THAT THE DEALER SHALL 13 BE ABLE TO TERMINATE SUCH RENEWAL UPON REASONABLE WRITTEN NOTICE WITHIN 14 THIRTY DAYS FOLLOWING THE START OR RENEWAL OF THE PROGRAM OR PROMOTION. 15 S 2. This act shall take effect on the first of January next succeed- 16 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03020-01-1