Amd §399-ccccc, Gen Bus L; amd §2, Chap of 2024 (as proposed in S.9174-B & A.9616-C)
Amends certain provisions requiring the termination of connected vehicle services upon the request of a domestic violence victim; requires the provider of the connected vehicle services to terminate such services within two days of receiving a request; directs the office for the prevention of domestic violence to make information available on their website; defines terms.
STATE OF NEW YORK
________________________________________________________________________
797
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general business law, in relation to connected vehi-
cle service and domestic violence victims; and to amend a chapter of
the laws of 2024 amending the general business law relating to remote
vehicle technology and domestic violence victims, as proposed in
legislative bills numbers S. 9174-B and A. 9616-C, in relation to the
effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 399-ccccc of the general business law, as added by
2 a chapter of the laws of 2024 amending the general business law relating
3 to remote vehicle technology and domestic violence victims, as proposed
4 in legislative bills numbers S. 9174-B and A. 9616-C, is amended to read
5 as follows:
6 § 399-ccccc. [Remote] Connected vehicle [technology] service; domestic
7 violence victims. 1. For the purposes of this section, the [term "remote
8 vehicle technology" shall mean any technology that allows a person who
9 is outside of a vehicle to track the location of, or control any opera-
10 tion of, the vehicle, and includes, but is not limited to, a global
11 positioning system (GPS) that tracks the location of the vehicle or an
12 app-based technology that controls any operation of the vehicle] terms:
13 (a) "connected vehicle service" shall mean any technology that enables a
14 person, other than the driver or a covered provider, to track the
15 location of, control any operation of, or obtain or share data from the
16 vehicle including, but not limited to, a global positioning system (GPS)
17 that tracks the location of the vehicle or an app-based technology that
18 controls any operation of the vehicle; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02794-01-5
S. 797 2
1 (b) "covered provider" shall mean a vehicle manufacturer or an entity
2 acting on behalf of the vehicle manufacturer that provides any connected
3 vehicle service.
4 2. (a) A [vehicle manufacturer and/or dealer located] covered provider
5 operating in this state shall, within [five] two business days after
6 receiving a request by a driver who meets the requirements of subdivi-
7 sion three of this section, terminate an individual's access to [remote
8 vehicle technology] any connected vehicle service.
9 (b) Upon a showing that termination of an individual's access to
10 [remote technology] connected vehicle service is technologically infea-
11 sible, such [manufacturer or dealer] covered provider shall promptly
12 notify a driver seeking relief of such technical infeasibility and
13 provide potential alternatives including, but not limited to, informing
14 the driver on how to disable or modify the settings for a connected
15 vehicle service manually.
16 3. (a) A request by a driver that a [vehicle manufacturer and/or deal-
17 er] covered provider terminate an individual's access to [remote vehicle
18 technology] connected vehicle service shall include the following infor-
19 mation:
20 (i) vehicle identification number (VIN);
21 (ii) proof of such driver's legal possession of a vehicle [manufac-
22 tured by such vehicle manufacturer or sold by such dealer. Such proof]
23 which may be established by providing [a] the vehicle title, the vehicle
24 title paired with a lease agreement in the driver's name, a court order
25 awarding sole possession or ownership of a vehicle to such driver, proof
26 of marriage of the driver and the owner of the car at the time the car
27 was bought or leased, or such other proof as determined by the commis-
28 sioner of motor vehicles in conjunction with the office for the
29 prevention of domestic violence; and
30 [(ii)] (iii) a written attestation that the person making such request
31 is a victim of domestic violence, as defined in section four hundred
32 fifty-nine-a of the social services law.
33 (b) A [vehicle manufacturer and/or dealer] covered provider shall not
34 require a driver to provide any information other than what is required
35 by paragraph (a) of this subdivision.
36 (c) Any information provided by a driver under paragraph (a) of this
37 subdivision shall be treated as confidential and securely disposed of no
38 later than ninety days after processing the request. Nothing in this
39 paragraph shall prohibit a covered provider from maintaining a record
40 that verifies an application to terminate a connected vehicle service
41 was completed.
42 (d) Nothing in this section shall prohibit a driver from seeking
43 relief under the family court act, and the domestic relations law.
44 4. A [vehicle manufacturer and/or dealer] covered provider shall noti-
45 fy a driver seeking relief under subdivision two of this section, in
46 clear and accessible language, that such [vehicle manufacturer and/or
47 dealer] covered provider may contact the driver, or the designated
48 representative of the driver, to confirm an individual's access to the
49 [remote vehicle technology] connected vehicle services has been termi-
50 nated.
51 5. A [vehicle manufacturer and/or dealer] covered provider shall,
52 absent a showing of technological infeasibility, provide a notification
53 inside of a vehicle that is installed with [remote vehicle technology]
54 any connected vehicle service that shows [if the remote vehicle technol-
55 ogy is being used] when such service is enabled and inform the driver on
56 how to disable or modify the settings for a connected vehicle service.
S. 797 3
1 6. A [vehicle manufacturer and/or dealer] covered provider shall
2 provide information on its internet website and vehicle internet appli-
3 cations, in clear and accessible language, on the process of terminating
4 a person's access to [remote vehicle technology] connected vehicle
5 service, including, but not limited to, the information required pursu-
6 ant to paragraph (a) of subdivision three of this section.
7 7. The office for the prevention of domestic violence shall develop
8 educational materials and resources on accessing this service and make
9 such information available on their website.
10 8. A [vehicle manufacturer and/or dealer] covered provider shall not
11 charge a driver a fee for completing a request to terminate [remote
12 vehicle technology] connected vehicle services pursuant to this section.
13 [8. Any vehicle manufacturer and/or dealer] 9. A covered provider who
14 fails to comply with the requirements of this section shall be assessed
15 a civil penalty not to exceed five hundred dollars per violation.
16 10. A covered provider and any officer, director, employee, vendor or
17 agent thereof shall not be subject to liability for any claims arising
18 from an action taken necessary for compliance with this section, except
19 as provided in this section.
20 § 2. Section 2 of a chapter of the laws of 2024 amending the general
21 business law relating to remote vehicle technology and domestic violence
22 victims, as proposed in legislative bills numbers S. 9174-B and A.
23 9616-C, is amended to read as follows:
24 § 2. This act shall take effect [immediately] on the ninetieth day
25 after it shall have become law; provided that subdivision 5 of section
26 399-ccccc of the general business law as added by section one of this
27 act shall take effect January 1, 2028 for vehicles manufactured on or
28 after January 1, 2028 that have connected vehicle service, and on July
29 1, 2026, for vehicles manufactured prior to January 1, 2028, that have
30 connected vehicle service, and have the capability to receive software
31 updates that provide for the functionality required by subdivision 5 of
32 such section.
33 § 3. This act shall take effect immediately; provided, however, that
34 section one of this act shall take effect on the same date and in the
35 same manner as a chapter of the laws of 2024 amending the general busi-
36 ness law relating to remote vehicle technology and domestic violence
37 victims, as proposed in legislative bills numbers S. 9174-B and A.
38 9616-C, takes effect.
