New York Assembly Bill A09616 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 9616--A  IN ASSEMBLY March 26, 2024 ___________ Introduced by M. of A. L. ROSENTHAL, SHIMSKY, GLICK, SIMON, BURDICK, PAULIN, GUNTHER -- 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 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 vehicle manufacturer and/or dealer located in this state shall, 11 within five business days after receiving a request by a driver who 12 meets the requirements of subdivision three of this section, terminate 13 an individual's access to remote vehicle technology. 14 3. (a) A request by a driver that a vehicle manufacturer and/or dealer 15 terminate an individual's access to remote vehicle technology shall 16 include the following information: 17 (i) proof of such driver's legal possession of a vehicle manufactured 18 by such vehicle manufacturer or sold by such dealer. Such proof may be 19 established by providing a vehicle title, a court order awarding sole 20 possession or ownership of a vehicle to such driver, proof of marriage 21 of the driver and the owner of the car at the time the car was bought or 22 leased, or such other proof as determined by the commissioner; and 23 (ii) a written attestation that the person making such request is a 24 victim of domestic violence, as defined in section four hundred fifty- 25 nine-a of the social services law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14755-04-4 
 A. 9616--A 2 1 (b) A vehicle manufacturer and/or dealer shall not require a driver to 2 provide any information other than what is required by paragraph (a) of 3 this subdivision. 4 4. A vehicle manufacturer and/or dealer shall notify a driver seeking 5 relief under subdivision two of this section, in clear and accessible 6 language, that such vehicle manufacturer and/or dealer may contact the 7 driver, or the designated representative of the driver, to confirm an 8 individual's access to the remote vehicle technology has been termi- 9 nated. 10 5. A vehicle manufacturer and/or dealer shall provide a notification 11 inside of a vehicle that is installed with remote vehicle technology 12 that shows if the remote vehicle technology is being used. 13 6. A vehicle manufacturer and/or dealer shall provide information on 14 its internet website and vehicle internet applications, in clear and 15 accessible language, on the process of terminating a person's access to 16 remote vehicle technology, including, but not limited to, the informa- 17 tion required pursuant to paragraph (a) of subdivision three of this 18 section. 19 7. A vehicle manufacturer and/or dealer shall not charge a driver a 20 fee for completing a request to terminate remote vehicle technology 21 pursuant to this section. 22 8. Any vehicle manufacturer who fails to comply with the requirements 23 of this section shall be assessed a civil penalty not to exceed five 24 hundred dollars. 25 § 2. This act shall take effect immediately.