Bill Text: NY A03463 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 3463 (Prior Session Legislation)

Introduced

Bill Title: Relates to prohibiting the installation of a starter interrupt device on certain motor vehicles.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A03463 Detail]

Download: New_York-2015-A03463-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3463
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 23, 2015
                                      ___________
       Introduced  by  M. of A. GUNTHER, GOTTFRIED, ABINANTI, BENEDETTO, GALEF,
         ENGLEBRIGHT, OTIS, JAFFEE, McDONOUGH, TENNEY -- Multi-Sponsored by  --
         M.  of  A.  CERETTO,  MAGEE, MAYER, SKARTADOS, TITONE -- read once and
         referred to the Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to the prohibition
         of the installation of starter interrupt devices on  certain  new  and
         used motor vehicles
         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 article
    2  11-C to read as follows:
    3                                 ARTICLE 11-C
    4              STARTER INTERRUPT DEVICE INSTALLATION PROHIBITED
    5  SECTION 199-O. DEFINITIONS.
    6          199-P. VIOLATIONS.
    7          199-Q. EXCEPTIONS.
    8          199-R. CIVIL PENALTY.
    9          199-S. RULES AND REGULATIONS.
   10          199-T. ENFORCEMENT BY ATTORNEY GENERAL.
   11    S 199-O. DEFINITIONS. THE FOLLOWING TERMS WHEN USED IN  THIS  ARTICLE,
   12  SHALL HAVE THE FOLLOWING MEANINGS:
   13    1.  "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
   14  AND TRAFFIC LAW.
   15    2. "MOTOR VEHICLE" AS DEFINED IN SECTION ONE  HUNDRED  TWENTY-FIVE  OF
   16  THE  VEHICLE  AND TRAFFIC LAW AND EXCLUDING CLASS A, B AND C LIMITED USE
   17  MOTORCYCLES AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE  VEHI-
   18  CLE AND TRAFFIC LAW.
   19    3. "STARTER INTERRUPT DEVICE" SHALL MEAN A DEVICE WHICH TRACKS A MOTOR
   20  VEHICLE  PURCHASER'S OR LESSEE'S SCHEDULED PAYMENTS UNDER A FINANCING OR
   21  LEASE AGREEMENT AND PREVENTS THE VEHICLE FROM STARTING  IF  A  SCHEDULED
   22  PAYMENT  IS  NOT RECEIVED BY ITS DUE DATE OR WITHIN ANY APPLICABLE GRACE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03253-01-5
       A. 3463                             2
    1  PERIOD. SUCH DEVICE TYPICALLY REQUIRES THE CONSUMER TO ENTER A CODE  FOR
    2  EACH  PAYMENT  PERIOD  IN  ORDER TO CONTINUE OPERATING THE VEHICLE.  THE
    3  CONSUMER RECEIVES THE PAYMENT CODES  THAT  WILL  ALLOW  THE  VEHICLE  TO
    4  CONTINUE  TO  START  FROM  THE  CREDITOR  WHEN PAYMENT IS TENDERED. SUCH
    5  DEVICE MAY INCLUDE A GLOBAL POSITIONING SYSTEM (GPS) TRACKING  CAPABILI-
    6  TY.
    7    S  199-P.  VIOLATIONS.  NO  NEW OR USED MOTOR VEHICLE DEALER OR LENDER
    8  SHALL BE PERMITTED TO INSTALL A STARTER  INTERRUPT  DEVICE  ON  A  MOTOR
    9  VEHICLE PURCHASER'S OR LESSEE'S MOTOR VEHICLE.
   10    S  199-Q.  EXCEPTIONS.  THE PROVISIONS THIS ARTICLE SHALL NOT APPLY TO
   11  ANY RENTAL VEHICLE COMPANY AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION
   12  ONE OF SECTION THREE HUNDRED NINETY-SIX-Z OF THIS CHAPTER.
   13    S  199-R.  CIVIL PENALTY. A KNOWING VIOLATION OF THIS SECTION SHALL BE
   14  PUNISHABLE BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS.
   15    S 199-S. RULES AND REGULATIONS. THE COMMISSIONER OF THE DEPARTMENT  OF
   16  MOTOR  VEHICLES, IN CONJUNCTION WITH THE ATTORNEY GENERAL, SHALL PROMUL-
   17  GATE SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY TO  IMPLEMENT  THE
   18  PROVISIONS OF THIS ARTICLE.
   19    S  199-T.  ENFORCEMENT  BY ATTORNEY GENERAL. WHENEVER THERE SHALL BE A
   20  VIOLATION OF THIS ARTICLE, AN APPLICATION MAY BE MADE  BY  THE  ATTORNEY
   21  GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF
   22  COMPETENT  JURISDICTION  BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A
   23  FINE AND THE ISSUANCE OF AN INJUNCTION AGAINST  ANY  VIOLATION  OF  THIS
   24  ARTICLE, UPON NOTICE TO THE RENTAL VEHICLE COMPANY OF NOT LESS THAN FIVE
   25  DAYS,  TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
   26  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT  OR  JUSTICE  THAT  THE
   27  DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE
   28  ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER
   29  VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
   30  INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
   31  ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
   32  SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
   33  TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
   34  DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT SHALL
   35  IMPOSE  A  CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH
   36  VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTOR-
   37  NEY  GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
   38  RELEVANT FACT AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRAC-
   39  TICE LAW AND RULES.
   40    S 2. This act shall take effect on the one hundred eightieth day after
   41  it shall have become a law.