New York State Assembly

 
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A09062 Summary:

A09062 Actions:

A09062 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:04/16/2024AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Aye
Fall
Aye
Miller
Aye
Burgos
Aye
Blumencranz
Aye
Gallagher
Aye
Beephan
Aye
Rajkumar
Aye
Maher
Aye
Forrest
Aye
Wallace
Aye
Bores
Aye
Lee
Aye
Alvarez
Aye
Simone
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/28/2024AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Weprin
Aye
Curran
Excused
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Flood
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye
Bores
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/03/2024AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Excused
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A09062 Floor Votes:

A09062 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9062--B
 
                   IN ASSEMBLY
 
                                    February 6, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI,  GLICK, GUNTHER, LAVINE, THIELE,
          BURDICK, WEPRIN,  EPSTEIN,  SANTABARBARA,  DAVILA,  LEVENBERG,  STECK,
          BURGOS,  ARDILA -- Multi-Sponsored by -- M. of A. WOERNER -- 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 -- reported and referred to the  Commit-
          tee  on  Codes  --  reported and referred to the Committee on Rules --
          Rules Committee discharged, bill amended, ordered reprinted as amended
          and recommitted to the Committee on Rules
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13200-05-4
        A. 9062--B                          2
 
     1  made pursuant to a retail installment contract or lease contract for the
     2  purchase or lease of a motor vehicle.
     3    (b)  No  manufacturer,  dealer,  or  agent of a manufacturer or dealer
     4  shall offer to a consumer a subscription service for any  motor  vehicle
     5  feature that:
     6    (1)  utilizes  components  and hardware already installed on the motor
     7  vehicle at the time of purchase or lease by the consumer; and
     8    (2) would function after activation without ongoing cost to or support
     9  by the dealer, manufacturer, or any third-party service provider.
    10    (c) The provisions of this section shall not:
    11    (1) apply to navigation system updates, infotainment features,  satel-
    12  lite  radio, in-vehicle Wi-Fi, telematics services, roadside assistance,
    13  software-dependent driver assistance or driver automation  features,  or
    14  vehicle-connected  services that rely on cellular or other data networks
    15  for continued operation; or
    16    (2) be construed to prohibit a dealer or manufacturer  from  providing
    17  any  software  update to a consumer, provided the dealer or manufacturer
    18  does not charge the consumer a fee for any software update  remedying  a
    19  safety-related defect that is required to be provided to the consumer at
    20  no  cost  as  required by Section 573.6 of Title 49 of the United States
    21  Code.
    22    (d) Any manufacturer, dealer, or agent of  a  manufacturer  or  dealer
    23  that  fails  to  comply  with  the requirements of this section shall be
    24  assessed a civil penalty not to exceed two  hundred  fifty  dollars  per
    25  point of sale for each violation.
    26    §  2.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law. Effective immediately, the addition, amendment and/or
    28  repeal of any rule or regulation necessary  for  the  implementation  of
    29  this  act  on its effective date are authorized to be made and completed
    30  on or before such effective date.