Bill Text: NY S07127 | 2017-2018 | General Assembly | Amended

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Bill Title: Prohibits rental car companies from discriminating on the basis of the geographical location of the residence of the person attempting to enter into the rental agreement; prohibits imposing of additional charges or conditions; provides injunctive relief and imposes a fine of up to $1,000 for each violation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-05-22 - PRINT NUMBER 7127A [S07127 Detail]

Download: New_York-2017-S07127-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7127--A
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by Sen. KAVANAGH -- 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
        AN ACT to amend the general business law, in relation to  discrimination
          in the rental of motor vehicles on the basis of geographic location
          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  391-u to read as follows:
     3    § 391-u. Rental of motor vehicles;  discrimination  on  the  basis  of
     4  geographical  location.    1. It shall be unlawful for any motor vehicle
     5  rental agency to engage in any of the following practices on  the  basis
     6  of  the  geographical location of the residence of the person attempting
     7  to enter into such rental agreement:
     8    a. refuse to rent such vehicle;
     9    b. impose any additional charge for the rental of such motor  vehicle;
    10  or
    11    c.  impose  any  additional  terms,  conditions or privileges upon the
    12  rental of such vehicle.
    13    2. Upon any violation of this section, an application may be  made  by
    14  the  attorney  general in the name of the people of the state to a court
    15  or justice having jurisdiction to issue an injunction, and  upon  notice
    16  to the respondent of not less than five days, to enjoin and restrain the
    17  continuance  of the violation. If it shall appear to the satisfaction of
    18  the court or justice that the respondent has violated any  provision  of
    19  this  section,  an  injunction  may  be  issued by the court or justice,
    20  enjoining and restraining any further violation, without requiring proof
    21  that any person has, in fact, been injured or damaged  thereby.  In  any
    22  such  proceeding,  the court may make allowances to the attorney general
    23  as provided in paragraph six of subdivision (a) of section  eighty-three
    24  hundred  three  of the civil practice law and rules, and direct restitu-
    25  tion. Whenever the court  shall  determine  that  a  violation  of  this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02730-02-8
        S. 7127--A                          2
     1  section  has  occurred, the court may impose a civil penalty of not more
     2  than one thousand dollars for each violation.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.