Bill Text: NY S07378 | 2017-2018 | General Assembly | Introduced

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Bill Title: Restricts the rental of safety recalled cars until they are repaired in accordance with the recall; requires disclosure of such recall notices to prospective vehicle renters if such recalled cars have not been repaired.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-11 - REFERRED TO CONSUMER PROTECTION [S07378 Detail]

Download: New_York-2017-S07378-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7378
                    IN SENATE
                                    January 11, 2018
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law, in relation to prohibiting the
          rental of motor vehicles that are subject to a recall
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  396-z of the general business law, as amended by
     2  chapter 731 of the laws of 2006, is amended by adding a new  subdivision
     3  16 to read as follows:
     4    16. Rental vehicle companies shall inspect and, if appropriate, repair
     5  any  rental  vehicle  covered  under  a federal or manufacturer's safety
     6  recall within one hundred  twenty  days  after  receiving  such  notice.
     7  Following  receipt  of  such  notice  by  a rental vehicle company, such
     8  company may rent a vehicle that is subject to a safety  recall  provided
     9  that  such  company  discloses  to  any  prospective  renter of vehicles
    10  covered under a federal or manufacturer's safety recall that  the  vehi-
    11  cles are subject to safety recall notices and have not been inspected or
    12  repaired  prior  to  the signing of the rental agreement. If one hundred
    13  twenty days shall lapse following the receipt  of  notice  by  a  rental
    14  vehicle  company  that  a  federal or manufacturer's safety recall is in
    15  effect on any of the vehicles owned by the rental vehicle  company,  and
    16  such  rental  vehicle company has failed to inspect or repair such vehi-
    17  cles, the rental vehicle company shall have the option, as  an  alterna-
    18  tive to undertaking the inspections or repairs subject to the recall, to
    19  disclose  to  prospective renters of vehicles covered under a federal or
    20  manufacturer's safety recall that the vehicles  are  subject  to  safety
    21  recall  notices  and  have  not  been inspected or repaired prior to the
    22  signing of the agreement. Any disclosures required  under  this  section
    23  shall  be set forth in a separate document attached to the rental agree-
    24  ment and shall state (a) that the specific vehicle is the subject  of  a
    25  safety recall, (b) describe the recall in question, and (c) describe the
    26  nature  of  the  defect.  Such  disclosure  shall  be  initialled by the
    27  prospective renter prior to the signing of the rental agreement.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01144-01-7
        S. 7378                             2
     1    § 2. Section 396-z of the general business law, as amended by  chapter
     2  784  of  the  laws of 1988, is amended by adding a new subdivision 14 to
     3  read as follows:
     4    14. Rental vehicle companies shall inspect and, if appropriate, repair
     5  any  rental  vehicle  covered  under  a federal or manufacturer's safety
     6  recall within one hundred  twenty  days  after  receiving  such  notice.
     7  Following  receipt  of  such  notice  by  a rental vehicle company, such
     8  company may rent a vehicle that is subject to a safety  recall  provided
     9  that  such  company  discloses  to  any  prospective  renter of vehicles
    10  covered under a federal or manufacturer's safety recall that  the  vehi-
    11  cles are subject to safety recall notices and have not been inspected or
    12  repaired  prior  to  the signing of the rental agreement. If one hundred
    13  twenty days shall lapse following the receipt  of  notice  by  a  rental
    14  vehicle  company  that  a  federal or manufacturer's safety recall is in
    15  effect on any of the vehicles owned by the rental vehicle  company,  and
    16  such  rental  vehicle company has failed to inspect or repair such vehi-
    17  cles, the rental vehicle company shall have the option, as  an  alterna-
    18  tive to undertaking the inspections or repairs subject to the recall, to
    19  disclose  to  prospective renters of vehicles covered under a federal or
    20  manufacturer's safety recall that the vehicles  are  subject  to  safety
    21  recall  notices  and  have  not  been inspected or repaired prior to the
    22  signing of the agreement. Any disclosures required  under  this  section
    23  shall  be set forth in a separate document attached to the rental agree-
    24  ment and shall state (a) that the specific vehicle is the subject  of  a
    25  safety recall, (b) describe the recall in question, and (c) describe the
    26  nature  of  the  defect.  Such  disclosure  shall  be  initialled by the
    27  prospective renter prior to the signing of the rental agreement.
    28    § 3. This act shall take effect immediately, provided that the  amend-
    29  ments  to section 396-z of the general business law, made by section one
    30  of this act, shall be subject to the expiration and  reversion  of  such
    31  section  pursuant  to  section  4 of chapter 656 of the laws of 2002, as
    32  amended, when upon such date section two of this act shall take effect.