S T A T E O F N E W Y O R K
________________________________________________________________________
2402
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. GANTT -- Multi-Sponsored by -- M. of A. BOYLAND
-- read once and referred to the Committee on Corporations, Authori-
ties and Commissions
AN ACT to amend the general business law, in relation to the rental of
motor vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs c and d of subdivision 1 of section 391-1 of the
general business law, as added by chapter 573 of the laws of 1980 and
such section as redesignated by chapter 694 of the laws of 1995, are
amended and two new paragraphs e and f are added to read as follows:
c. "Motor vehicle" shall have the meaning ascribed thereto by section
one hundred twenty-five of the vehicle and traffic law; [and]
d. "Credit card" shall mean any credit card, credit plate, charge
plate or other identification card or device which is issued by a person
to another person as the holder thereof, and may be used by such holder
to obtain a cash advance or a loan or credit, or to purchase or rent
property or services on the credit of the person issuing the credit card
or of the holder[.];
E. "AUTHORIZED DRIVER" SHALL MEAN: (I) THE PERSON TO WHOM THE VEHICLE
IS RENTED IF A LICENSED DRIVER; (II) SUCH PERSON'S SPOUSE IF LICENSED
AND AT LEAST EIGHTEEN YEARS OF AGE; (III) ANY PERSON WHO OPERATES THE
VEHICLE DURING AN EMERGENCY SITUATION TO A MEDICAL FACILITY; OR (IV) ANY
LICENSED DRIVER EXPRESSLY LISTED ON THE RENTAL AGREEMENT AS AN AUTHOR-
IZED DRIVER; AND
F. "RENTAL AGREEMENT" MEANS ANY WRITTEN AGREEMENT SETTING FORTH TERMS
AND CONDITIONS GOVERNING THE AUTHORIZED DRIVER'S USE OF A RENTAL VEHI-
CLE, AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN-A OF THE VEHICLE AND
TRAFFIC LAW, FOR A PERIOD NOT TO EXCEED THIRTY CONTINUOUS DAYS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05643-01-9
A. 2402 2
S 2. Subdivision 2 of section 391-l of the general business law, as
added by chapter 573 of the laws of 1980 and such section as redesig-
nated by chapter 694 of the laws of 1995, is amended to read as follows:
2. It shall be unlawful for any person, firm, partnership, association
or corporation engaged in the business of renting motor vehicles to
refuse to rent such vehicle to any person solely on the requirement of
ownership of a credit card OR REQUIRE ANY PERSON TO OWN A CREDIT CARD IN
ORDER TO OPERATE A VEHICLE OR ENTER INTO A RENTAL AGREEMENT.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.