Bill Text: NY A00434 | 2025-2026 | General Assembly | Introduced

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Bill Title: Amends certain provisions requiring the termination of connected vehicle services upon the request of a domestic violence victim; requires the provider of the connected vehicle services to terminate such services within two days of receiving a request; directs the office for the prevention of domestic violence to make information available on their website; defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2025-01-28 - RETURNED TO ASSEMBLY [A00434 Detail]

Download: New_York-2025-A00434-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           434

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Consumer Affairs and Protection

        AN ACT to amend the general business law, in relation to connected vehi-
          cle service and domestic violence victims; and to amend a  chapter  of
          the  laws of 2024 amending the general business law relating to remote
          vehicle technology and  domestic  violence  victims,  as  proposed  in
          legislative  bills numbers S. 9174-B and A. 9616-C, in relation to the
          effectiveness thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 399-ccccc of the general business law, as added by
     2  a chapter of the laws of 2024 amending the general business law relating
     3  to remote vehicle technology and domestic violence victims, as  proposed
     4  in legislative bills numbers S. 9174-B and A. 9616-C, is amended to read
     5  as follows:
     6    § 399-ccccc. [Remote] Connected vehicle [technology] service; domestic
     7  violence victims. 1. For the purposes of this section, the [term "remote
     8  vehicle  technology"  shall mean any technology that allows a person who
     9  is outside of a vehicle to track the location of, or control any  opera-
    10  tion  of,  the  vehicle,  and  includes, but is not limited to, a global
    11  positioning system (GPS) that tracks the location of the vehicle  or  an
    12  app-based  technology that controls any operation of the vehicle] terms:
    13  (a) "connected vehicle service" shall mean any technology that enables a
    14  person, other than the driver  or  a  covered  provider,  to  track  the
    15  location  of, control any operation of, or obtain or share data from the
    16  vehicle including, but not limited to, a global positioning system (GPS)
    17  that tracks the location of the vehicle or an app-based technology  that
    18  controls any operation of the vehicle; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02794-01-5
        A. 434                              2

     1    (b)  "covered provider" shall mean a vehicle manufacturer or an entity
     2  acting on behalf of the vehicle manufacturer that provides any connected
     3  vehicle service.
     4    2. (a) A [vehicle manufacturer and/or dealer located] covered provider
     5  operating  in  this  state  shall, within [five] two business days after
     6  receiving a request by a driver who meets the requirements  of  subdivi-
     7  sion  three of this section, terminate an individual's access to [remote
     8  vehicle technology] any connected vehicle service.
     9    (b) Upon a showing that  termination  of  an  individual's  access  to
    10  [remote  technology] connected vehicle service is technologically infea-
    11  sible, such [manufacturer or dealer]  covered  provider  shall  promptly
    12  notify  a  driver  seeking  relief  of  such technical infeasibility and
    13  provide potential alternatives including, but not limited to,  informing
    14  the  driver  on  how  to  disable or modify the settings for a connected
    15  vehicle service manually.
    16    3. (a) A request by a driver that a [vehicle manufacturer and/or deal-
    17  er] covered provider terminate an individual's access to [remote vehicle
    18  technology] connected vehicle service shall include the following infor-
    19  mation:
    20    (i) vehicle identification number (VIN);
    21    (ii) proof of such driver's legal possession of  a  vehicle  [manufac-
    22  tured  by  such vehicle manufacturer or sold by such dealer. Such proof]
    23  which may be established by providing [a] the vehicle title, the vehicle
    24  title paired with a lease agreement in the driver's name, a court  order
    25  awarding sole possession or ownership of a vehicle to such driver, proof
    26  of  marriage  of the driver and the owner of the car at the time the car
    27  was bought or leased, or such other proof as determined by  the  commis-
    28  sioner  of  motor  vehicles  in  conjunction  with  the  office  for the
    29  prevention of domestic violence; and
    30    [(ii)] (iii) a written attestation that the person making such request
    31  is a victim of domestic violence, as defined  in  section  four  hundred
    32  fifty-nine-a of the social services law.
    33    (b)  A [vehicle manufacturer and/or dealer] covered provider shall not
    34  require a driver to provide any information other than what is  required
    35  by paragraph (a) of this subdivision.
    36    (c)  Any  information provided by a driver under paragraph (a) of this
    37  subdivision shall be treated as confidential and securely disposed of no
    38  later than ninety days after processing the  request.  Nothing  in  this
    39  paragraph  shall  prohibit  a covered provider from maintaining a record
    40  that verifies an application to terminate a  connected  vehicle  service
    41  was completed.
    42    (d)  Nothing  in  this  section  shall  prohibit a driver from seeking
    43  relief under the family court act, and the domestic relations law.
    44    4. A [vehicle manufacturer and/or dealer] covered provider shall noti-
    45  fy a driver seeking relief under subdivision two  of  this  section,  in
    46  clear  and  accessible  language, that such [vehicle manufacturer and/or
    47  dealer] covered provider may  contact  the  driver,  or  the  designated
    48  representative  of  the driver, to confirm an individual's access to the
    49  [remote vehicle technology] connected vehicle services has  been  termi-
    50  nated.
    51    5.  A  [vehicle  manufacturer  and/or  dealer] covered provider shall,
    52  absent a showing of technological infeasibility, provide a  notification
    53  inside  of  a vehicle that is installed with [remote vehicle technology]
    54  any connected vehicle service that shows [if the remote vehicle technol-
    55  ogy is being used] when such service is enabled and inform the driver on
    56  how to disable or modify the settings for a connected vehicle service.
        A. 434                              3

     1    6. A [vehicle  manufacturer  and/or  dealer]  covered  provider  shall
     2  provide  information on its internet website and vehicle internet appli-
     3  cations, in clear and accessible language, on the process of terminating
     4  a person's access  to  [remote  vehicle  technology]  connected  vehicle
     5  service,  including, but not limited to, the information required pursu-
     6  ant to paragraph (a) of subdivision three of this section.
     7    7. The office for the prevention of domestic  violence  shall  develop
     8  educational  materials  and resources on accessing this service and make
     9  such information available on their website.
    10    8. A [vehicle manufacturer and/or dealer] covered provider  shall  not
    11  charge  a  driver  a  fee  for completing a request to terminate [remote
    12  vehicle technology] connected vehicle services pursuant to this section.
    13    [8. Any vehicle manufacturer and/or dealer] 9. A covered provider  who
    14  fails  to comply with the requirements of this section shall be assessed
    15  a civil penalty not to exceed five hundred dollars per violation.
    16    10. A covered provider and any officer, director, employee, vendor  or
    17  agent  thereof  shall not be subject to liability for any claims arising
    18  from an action taken necessary for compliance with this section,  except
    19  as provided in this section.
    20    §  2.  Section 2 of a chapter of the laws of 2024 amending the general
    21  business law relating to remote vehicle technology and domestic violence
    22  victims, as proposed in legislative  bills  numbers  S.  9174-B  and  A.
    23  9616-C, is amended to read as follows:
    24    §  2.  This  act  shall take effect [immediately] on the ninetieth day
    25  after it shall have become law; provided that subdivision 5 of   section
    26  399-ccccc  of  the  general business law as added by section one of this
    27  act shall take effect January 1, 2028 for vehicles  manufactured  on  or
    28  after  January  1, 2028 that have connected vehicle service, and on July
    29  1, 2026, for vehicles manufactured prior to January 1, 2028,  that  have
    30  connected  vehicle  service, and have the capability to receive software
    31  updates that provide for the functionality required by subdivision 5  of
    32  such section.
    33    §  3.  This act shall take effect immediately; provided, however, that
    34  section one of this act shall take effect on the same date  and  in  the
    35  same  manner as a chapter of the laws of 2024 amending the general busi-
    36  ness law relating to remote vehicle  technology  and  domestic  violence
    37  victims,  as  proposed  in  legislative  bills  numbers S. 9174-B and A.
    38  9616-C, takes effect.