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Assembly Bill A176

2009-2010 Legislative Session

Requires the owner of a leased vehicle to complete a visual inspection upon the termination of the lease agreement in the presence of the lessee

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A176 - Details

Current Committee:
Assembly Consumer Affairs And Protection

2009-A176 - Summary

Requires the owner of a leased vehicle to complete a visual inspection upon the termination of the lease agreement in the presence of the lessee.

2009-A176 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   176

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PHEFFER, V. LOPEZ, GIANARIS, COOK, GALEF, ORTIZ,
  POWELL, JAFFEE -- Multi-Sponsored by  --  M.  of  A.  CAHILL,  COLTON,
  GABRYSZAK,  J. RIVERA,  ROBINSON,  TOWNS,  WEISENBERG -- read once and
  referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the personal property law, in relation  to  requiring  a
  visual inspection of a leased vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 343 of the personal  property  law
is amended by adding a new paragraph (c) to read as follows:
  (C)  UPON  TERMINATION  OF  A RETAIL LEASE AGREEMENT AND UPON PHYSICAL
POSSESSION OF THE LEASED VEHICLE BY THE HOLDER OR ITS AGENTS, THE HOLDER
OR AN AGENT THEREOF SHALL COMPLETE A VISUAL INSPECTION OF THE  VEHICLE'S
CONDITION WHILE IN THE LESSEE'S PRESENCE.
  THE  VISUAL  INSPECTION SHALL COVER BUT NOT BE LIMITED TO THE EXTERIOR
BODY OF THE VEHICLE, THE INTERIOR  OF  THE  VEHICLE  AND  THE  VEHICLE'S
TIRES.  THE  VISUAL  INSPECTION FORM SHALL BE SIGNED BY THE HOLDER OR AN
AGENT THEREOF AND A COPY SHALL BE IMMEDIATELY SUPPLIED TO THE LESSEE.
  THE VISUAL INSPECTION SHALL NOT IMPAIR THE RIGHTS  OF  THE  HOLDER  TO
CONDUCT  A  MORE  THOROUGH  INSPECTION WITHIN THIRTY DAYS OF COMING INTO
ACTUAL PHYSICAL POSSESSION OF THE VEHICLE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01956-01-9


              

2009-A176A (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection

2009-A176A (ACTIVE) - Summary

Requires the owner of a leased vehicle to complete a visual inspection upon the termination of the lease agreement in the presence of the lessee.

2009-A176A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 176--A
                                                         Cal. No. 32

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PHEFFER, V. LOPEZ, GIANARIS, COOK, GALEF, ORTIZ,
  POWELL, JAFFEE -- Multi-Sponsored by  --  M.  of  A.  CAHILL,  COLTON,
  GABRYSZAK,  J. RIVERA,  ROBINSON,  TOWNS,  WEISENBERG -- read once and
  referred to the  Committee  on  Consumer  Affairs  and  Protection  --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the personal property law, in relation  to  requiring  a
  visual inspection of a leased vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 343 of the personal  property  law
is amended by adding a new paragraph (c) to read as follows:
  (C) (I) UPON TERMINATION OF A RETAIL LEASE AGREEMENT AND UPON PHYSICAL
POSSESSION OF THE LEASED VEHICLE BY THE HOLDER OR ITS AGENTS, THE HOLDER
OR  AN AGENT THEREOF SHALL COMPLETE A VISUAL INSPECTION OF THE VEHICLE'S
CONDITION WHILE IN THE LESSEE'S PRESENCE.
  THE VISUAL INSPECTION SHALL COVER BUT NOT BE LIMITED TO  THE  EXTERIOR
BODY  OF  THE  VEHICLE,  THE  INTERIOR  OF THE VEHICLE AND THE VEHICLE'S
TIRES. THE VISUAL INSPECTION FORM SHALL BE SIGNED BY THE  HOLDER  OR  AN
AGENT THEREOF AND A COPY SHALL BE IMMEDIATELY SUPPLIED TO THE LESSEE.
  THE  VISUAL  INSPECTION  SHALL  NOT IMPAIR THE RIGHTS OF THE HOLDER TO
OBTAIN A WRITTEN ITEMIZED APPRAISAL OF EXCESSIVE WEAR AND DAMAGE TO  THE
VEHICLE PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
  (II) UPON COMMENCEMENT OF THE VISUAL INSPECTION A NOTICE CONSISTING OF
THE  FOLLOWING  STATEMENT  WRITTEN OR PRINTED IN AT LEAST TEN-POINT BOLD
TYPE ON A SEPARATE DOCUMENT FROM THE VISUAL  INSPECTION  FORM  SHALL  BE
SUPPLIED TO THE LESSEE:
  "THIS VISUAL INSPECTION OF THE VEHICLE'S CONDITION IS INTENDED TO MAKE
YOU  AWARE  OF  ANY VISIBLE DAMAGE FOR WHICH A CHARGE FOR EXCESSIVE WEAR
AND DAMAGE MAY BE CLAIMED BY THE HOLDER AND TO PROTECT  YOU  FROM  BEING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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