Bill Text: NY S02848 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to motor vehicle key and key fob replacement contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-03-19 - referred to insurance [S02848 Detail]

Download: New_York-2019-S02848-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 29, 2019
        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance
        AN ACT to amend the insurance law, in relation to motor vehicle key  and
          key fob replacement contracts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subsection (k) of section 7902 of  the  insurance  law,  as
     2  amended  by  chapter  409  of  the  laws  of 2012, is amended to read as
     3  follows:
     4    (k) "Service contract" means a contract or agreement, for  a  separate
     5  or  additional  consideration,  for  a  specific duration to perform the
     6  repair, replacement or maintenance of property, or  indemnification  for
     7  repair,  replacement  or  maintenance,  due  to a defect in materials or
     8  workmanship or wear and tear, with or without additional  provision  for
     9  indemnity  payments  for incidental damages, provided any such indemnity
    10  payment per incident shall not exceed the purchase price of the property
    11  serviced.  Service contracts may include towing,  rental  and  emergency
    12  road  service, and may also provide for the repair, replacement or main-
    13  tenance of property for damage resulting from  power  surges  and  acci-
    14  dental   damage  from  handling.  Service  contracts  may  also  include
    15  contracts to repair, replace  or  maintain  residential  appliances  and
    16  systems.  Such  term shall also mean a contract or agreement made (1) by
    17  or for the manufacturer or seller of a motor vehicle tire for repair  or
    18  replacement  of the tire or wheel as the result of damage arising from a
    19  road hazard, (2) by or for the supplier  or  seller  of  a  service  for
    20  repair of chips or cracks in a motor vehicle windshield, but not includ-
    21  ing  services  that  involve  the  replacement of the entire windshield,
    22  [and] (3) by or for the supplier or seller of a service  for  repair  or
    23  removal  of dents, dings or creases from a motor vehicle without affect-
    24  ing the existing paint finish using paintless  dent  repair  techniques,
    25  but  not including services that involve the replacement of vehicle body
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2848                             2
     1  panels, or sanding, bonding or painting, and (4) the  replacement  of  a
     2  motor  vehicle  key  or  key-fob  in  the  event that the key or key-fob
     3  becomes inoperable, lost or stolen.
     4    § 2. This act shall take effect immediately.