Bill Text: NY S01347 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires actual consent to participate in franchise programs for motor vehicle dealers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-09-23 - SIGNED CHAP.548 [S01347 Detail]

Download: New_York-2011-S01347-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1347
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sens. DILAN, DIAZ -- 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, 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