S08393 Summary:

BILL NOS08393B
 
SAME ASSAME AS A09062-B
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Add §198-d, Gen Bus L
 
Prohibits motor vehicle manufacturers and dealers from charging a subscription fee for certain functions of a motor vehicle after the vehicle is sold; provides that any manufacturer, dealer, or agent of a manufacturer or dealer that fails to comply with such requirements shall be assessed a civil penalty not to exceed two hundred fifty dollars per point of sale for each violation.
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S08393 Actions:

BILL NOS08393B
 
01/26/2024REFERRED TO CONSUMER PROTECTION
04/12/2024AMEND AND RECOMMIT TO CONSUMER PROTECTION
04/12/2024PRINT NUMBER 8393A
05/14/20241ST REPORT CAL.1081
05/15/20242ND REPORT CAL.
05/16/2024ADVANCED TO THIRD READING
05/30/2024AMENDED ON THIRD READING 8393B
06/07/2024COMMITTED TO RULES
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S08393 Committee Votes:

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S08393 Floor Votes:

There are no votes for this bill in this legislative session.
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S08393 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8393--B
            Cal. No. 1081
 
                    IN SENATE
 
                                    January 26, 2024
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee,  ordered  to first and second report, ordered to a third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT  to  amend  the general business law, in relation to prohibiting
          motor vehicle manufacturers and dealers from charging  a  subscription
          fee for certain functions of a motor vehicle after the vehicle is sold
 
          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  198-d to read as follows:
     3    § 198-d. Vehicle feature subscriptions. (a) As used in this section:
     4    (1) "Consumer" shall mean the purchaser, or  lessee,  other  than  for
     5  purposes of resale, of a motor vehicle.
     6    (2)  "Dealer"  shall  have the same meaning as such term is defined by
     7  section four hundred fifteen of the vehicle and traffic law.
     8    (3) "Manufacturer" shall mean a person  or  business  engaged  in  the
     9  manufacturing or assembling of new motor vehicles.
    10    (4)  "Motor  vehicle"  shall  have  the  same  meaning as such term is
    11  defined by section one hundred twenty-five of the  vehicle  and  traffic
    12  law.
    13    (5) "Motor vehicle feature" shall mean any convenience or safety func-
    14  tion  included on the motor vehicle, including but not limited to heated
    15  seats that typically is offered to a consumer as an upgrade at the  time
    16  of purchase or lease of the motor vehicle.
    17    (6)  "Subscription  service"  shall  mean  a  service  provided  on  a
    18  subscription basis in exchange for a recurring payment,  including,  but
    19  not limited to, a weekly, monthly, or annual payment charged to and made
    20  by  a  consumer  but  shall not include a consumer's reoccurring payment
    21  made pursuant to a retail installment contract or lease contract for the
    22  purchase or lease of a motor vehicle.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13200-06-4

        S. 8393--B                          2
 
     1    (b) No manufacturer, dealer, or agent  of  a  manufacturer  or  dealer
     2  shall  offer  to a consumer a subscription service for any motor vehicle
     3  feature that:
     4    (1)  utilizes  components  and hardware already installed on the motor
     5  vehicle at the time of purchase or lease by the consumer; and
     6    (2) would function after activation without ongoing cost to or support
     7  by the dealer, manufacturer, or any third-party service provider.
     8    (c) The provisions of this section shall not:
     9    (1) apply to navigation system updates, infotainment features,  satel-
    10  lite  radio, in-vehicle Wi-Fi, telematics services, roadside assistance,
    11  software-dependent driver assistance or driver automation  features,  or
    12  vehicle-connected  services that rely on cellular or other data networks
    13  for continued operation; or
    14    (2) be construed to prohibit a dealer or manufacturer  from  providing
    15  any  software  update to a consumer, provided the dealer or manufacturer
    16  does not charge the consumer a fee for any software update  remedying  a
    17  safety-related defect that is required to be provided to the consumer at
    18  no  cost  as  required by Section 573.6 of Title 49 of the United States
    19  Code.
    20    (d) Any manufacturer, dealer, or agent of  a  manufacturer  or  dealer
    21  that  fails  to  comply  with  the requirements of this section shall be
    22  assessed a civil penalty not to exceed two  hundred  fifty  dollars  per
    23  point of sale for each violation.
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law. Effective immediately, the addition, amendment and/or
    26  repeal of any rule or regulation necessary  for  the  implementation  of
    27  this  act  on its effective date are authorized to be made and completed
    28  on or before such effective date.
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