S T A T E   O F   N E W   Y O R K
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                                   771

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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.
                                                           LBD03206-01-1
              

A. 771                              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.