Bill Text: NY S00758 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to prohibiting the installation of a starter interrupt device on certain motor vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S00758 Detail]
Download: New_York-2019-S00758-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 758 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. KENNEDY -- 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 the prohibition of the installation of starter interrupt devices on certain new and used motor vehicles 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 article 2 11-C to read as follows: 3 ARTICLE 11-C 4 STARTER INTERRUPT DEVICE INSTALLATION PROHIBITED 5 Section 199-o. Definitions. 6 199-p. Violations. 7 199-q. Exceptions. 8 199-r. Civil penalty. 9 199-s. Rules and regulations. 10 199-t. Enforcement by attorney general. 11 § 199-o. Definitions. The following terms when used in this article, 12 shall have the following meanings: 13 1. "Dealer" as defined in section four hundred fifteen of the vehicle 14 and traffic law. 15 2. "Motor vehicle" as defined in section one hundred twenty-five of 16 the vehicle and traffic law and excluding class A, B and C limited use 17 motorcycles as defined in section one hundred twenty-one-b of the vehi- 18 cle and traffic law. 19 3. (a) "Starter interrupt device" shall mean a device which tracks a 20 motor vehicle purchaser's or lessee's scheduled payments under a financ- 21 ing or lease agreement and prevents the vehicle from starting if a sche- 22 duled payment is not received by its due date or within any applicable 23 grace period. Such device typically requires the consumer to enter a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02703-01-9S. 758 2 1 code for each payment period in order to continue operating the vehicle. 2 The consumer receives the payment codes that will allow the vehicle to 3 continue to start from the creditor when payment is tendered. Such 4 device may include a Global Positioning System (GPS) tracking capabili- 5 ty. GPS tracking devices that are separate from, and independent of, 6 starter interrupt devices shall be exempt from this prohibition. 7 (b) "Starter interrupt device" shall not mean any ignition interlock 8 device whose installation and use is mandated by court order, or any 9 ignition interlock device whose sole purpose is to prevent driving under 10 the influence or reporting attempted driving under the influence. "Star- 11 ter interrupt device" shall not mean any after market consumer-installed 12 or manufacturer-installed remote disabling device, provided that these 13 devices shall only be used in the event of theft by a third party and 14 not for purposes of repossession by a lender or seller. Buyers may not 15 consent to use these devices for the purposes of repossession. 16 § 199-p. Violations. No new or used motor vehicle dealer or lender 17 shall be permitted to install a starter interrupt device on a motor 18 vehicle purchaser's or lessee's motor vehicle. 19 § 199-q. Exceptions. The provisions of this article shall not apply to 20 any rental vehicle company as defined in paragraph (c) of subdivision 21 one of section three hundred ninety-six-z of this chapter. 22 § 199-r. Civil penalty. A knowing violation of this section shall be 23 punishable by a fine not to exceed five thousand dollars. 24 § 199-s. Rules and regulations. The commissioner of the department of 25 motor vehicles, in conjunction with the attorney general, shall promul- 26 gate such rules and regulations as shall be necessary to implement the 27 provisions of this article. 28 § 199-t. Enforcement by attorney general. Whenever there shall be a 29 violation of this article, an application may be made by the attorney 30 general in the name of the people of the state of New York to a court of 31 competent jurisdiction by a special proceeding for the imposition of a 32 fine and the issuance of an injunction against any violation of this 33 article, upon notice to the defendant of not less than five days, to 34 enjoin and restrain the continuance of such violations; and if it shall 35 appear to the satisfaction of the court or justice that the defendant 36 has, in fact, violated this article, an injunction may be issued by such 37 court or justice, enjoining and restraining any further violation, with- 38 out requiring proof that any person has, in fact, been injured or 39 damaged thereby. In any such proceeding, the court may make allowances 40 to the attorney general as provided in paragraph six of subdivision (a) 41 of section eighty-three hundred three of the civil practice law and 42 rules, and direct restitution. Whenever the court shall determine that a 43 violation of this article has occurred, the court shall impose a civil 44 penalty of not more than five thousand dollars for each violation. In 45 connection with any such proposed application, the attorney general is 46 authorized to take proof and make a determination of the relevant fact 47 and to issue subpoenas in accordance with the civil practice law and 48 rules. 49 § 2. This act shall take effect on the one hundred eightieth day after 50 it shall have become a law. Effective immediately, the addition, amend- 51 ment and/or repeal of any rule or regulation necessary for the implemen- 52 tation of this act on its effective date are authorized and directed to 53 be made on or before such effective date.
