Bill Text: NY A09616 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires that vehicle manufacturers and/or dealers terminate an individual's access to remote vehicle technology upon request by domestic violence victims who provide an order of protection and proof of ownership of a vehicle.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed) 2024-06-07 - RETURNED TO ASSEMBLY [A09616 Detail]

Download: New_York-2023-A09616-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9616--C
                                                                   R. R. 272

                   IN ASSEMBLY

                                     March 26, 2024
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL, SHIMSKY, GLICK, SIMON, BURDICK,
          PAULIN, GUNTHER, OTIS, SILLITTI --  read  once  and  referred  to  the
          Committee  on Consumer Affairs and Protection -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  -- reported and referred to the Committee on Codes -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Rules -- ordered to a third reading -- amended on the
          special order of third reading, ordered reprinted as amended,  retain-
          ing its place on the special order of third reading

        AN  ACT to amend the general business law, in relation to remote vehicle
          technology and domestic violence victims

          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  399-ccccc to read as follows:
     3    §  399-ccccc. Remote vehicle technology; domestic violence victims. 1.
     4  For the purposes of this section, the term "remote  vehicle  technology"
     5  shall mean any technology that allows a person who is outside of a vehi-
     6  cle  to track the location of, or control any operation of, the vehicle,
     7  and includes, but is not limited to, a global positioning  system  (GPS)
     8  that  tracks the location of the vehicle or an app-based technology that
     9  controls any operation of the vehicle.
    10    2. (a) A vehicle manufacturer and/or  dealer  located  in  this  state
    11  shall,  within  five business days after receiving a request by a driver
    12  who meets the requirements of subdivision three of this section,  termi-
    13  nate an individual's access to remote vehicle technology.
    14    (b)  Upon  a  showing  that  termination  of an individual's access to
    15  remote technology is technologically infeasible,  such  manufacturer  or
    16  dealer  shall  notify a driver seeking relief of such technical infeasi-
    17  bility and provide potential alternatives.
    18    3. (a) A request by a driver that a vehicle manufacturer and/or dealer
    19  terminate an individual's access  to  remote  vehicle  technology  shall
    20  include the following information:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14755-08-4
        A. 9616--C                          2

     1    (i)  proof of such driver's legal possession of a vehicle manufactured
     2  by such vehicle manufacturer or sold by such dealer. Such proof  may  be
     3  established  by  providing  a vehicle title, a court order awarding sole
     4  possession or ownership of a vehicle to such driver, proof  of  marriage
     5  of the driver and the owner of the car at the time the car was bought or
     6  leased,  or  such other proof as determined by the commissioner of motor
     7  vehicles; and
     8    (ii) a written attestation that the person making such  request  is  a
     9  victim  of  domestic violence, as defined in section four hundred fifty-
    10  nine-a of the social services law.
    11    (b) A vehicle manufacturer and/or dealer shall not require a driver to
    12  provide any information other than what is required by paragraph (a)  of
    13  this subdivision.
    14    4.  A vehicle manufacturer and/or dealer shall notify a driver seeking
    15  relief under subdivision two of this section, in  clear  and  accessible
    16  language,  that  such vehicle manufacturer and/or dealer may contact the
    17  driver, or the designated representative of the driver,  to  confirm  an
    18  individual's  access  to  the  remote vehicle technology has been termi-
    19  nated.
    20    5. A vehicle manufacturer and/or dealer shall,  absent  a  showing  of
    21  technological  infeasibility, provide a notification inside of a vehicle
    22  that is installed with remote  vehicle  technology  that  shows  if  the
    23  remote vehicle technology is being used.
    24    6.  A  vehicle manufacturer and/or dealer shall provide information on
    25  its internet website and vehicle internet  applications,  in  clear  and
    26  accessible  language, on the process of terminating a person's access to
    27  remote vehicle technology, including, but not limited to,  the  informa-
    28  tion  required  pursuant  to  paragraph (a) of subdivision three of this
    29  section.
    30    7. A vehicle manufacturer and/or dealer shall not charge  a  driver  a
    31  fee  for  completing  a  request  to terminate remote vehicle technology
    32  pursuant to this section.
    33    8. Any vehicle manufacturer and/or dealer who fails to comply with the
    34  requirements of this section shall be assessed a civil  penalty  not  to
    35  exceed five hundred dollars.
    36    § 2. This act shall take effect immediately.