Senate Bill S5708A

2015-2016 Legislative Session

Requires dealers to disclose information regarding fees for updating maps on global positioning systems installed in motor vehicles

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1073
May 12, 2016	print number 5708a
May 12, 2016	amend and recommit to consumer protection
Jan 06, 2016	referred to consumer protection
May 29, 2015	referred to consumer protection

Votes

- May 24, 2016 - Consumer Protection Committee Vote
  S5708A
  
  Aye
  
  9
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: May 24, 2016
      
      aye (9)
      
      Amedore
      
      Boyle
      
      Comrie
      
      Latimer
      
      Peralta
      
      Robach
      
      Savino
      
      Serrano
      
      Venditto
      
      nay (1)
      
      Funke
      
      aye wr (1)
      
      Akshar

Bill Amendments

Original

A (Active)

2015-S5708 - Details

See Assembly Version of this Bill:: A7231
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §396-qq, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A3092
2019-2020: A3911

2015-S5708 - Summary

Requires dealers to disclose information regarding fees for updating maps on global positioning systems installed in motor vehicles.

2015-S5708 - Sponsor Memo

                                BILL NUMBER:S5708

TITLE OF BILL:  An act to amend the general business law, in relation
to requiring dealers to disclose information regarding fees for
updating maps on global positioning systems installed in motor
vehicles

PURPOSE OR GENERAL IDEA OF BILL:

This bill would ensure that people purchasing or leasing a vehicle
with global positioning systems (GPS) installed are made aware of fees
attached to updating their vehicles GPS.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 3 of section 396-qq of the general
business law, as added by chapter 553 of the laws of 1996.

Whenever a dealer sells or leases a motor vehicle with GPS installed,
the dealer shall inform the purchaser or lessee of the need and cost
to periodically update the maps. The dealer shall provide either the
actual amount, or make a good faith estimate in each transaction of
the amount of such charges. If such charges are estimated, the dealer
shall disclose that amount in the sales contract or lease agreement as
an estimate.

A violation to this section allows the court, within the judicial
district in which such a violation is alleged to have occurred, to
impose a civil penalty not to exceed five hundred dollars and order
restitution to the aggrieved consumers.

JUSTIFICATION:

When purchasing or leasing a new vehicle, consumers are encouraged to
install a GPS in their vehicle because of their effectiveness and
convenience. However, updates can be required at least once a year to
encourage consumers to drive on the current version of their map.
Driving a vehicle with an outdated GPS can put the driver and
occupants in danger since road and sign changes have not been made
aware to the operator. This bill notifies buyers that a fee may be
charged when updating their GPS in the future, thereby informing them
of anticipated costs.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5708 - Bill Text download pdf

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

                                  5708

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to requiring deal-
  ers to disclose information regarding fees for updating maps on global
  positioning systems installed in motor vehicles

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

  Section  1.  Subdivision  3  of section 396-qq of the general business
law, as added by chapter 553 of the laws of 1996, is amended to read  as
follows:
  3.  WHENEVER  A  DEALER  SELLS OR LEASES A MOTOR VEHICLE WITH A GLOBAL
POSITIONING SYSTEM (GPS) INSTALLED IN SUCH  MOTOR  VEHICLE,  THE  DEALER
SHALL  INFORM THE PURCHASER OR LESSEE OF THE NEED TO PERIODICALLY UPDATE
THE MAPS OF THE GLOBAL POSITIONING SYSTEM AND THE DEALER  SHALL  PROVIDE
EITHER  THE ACTUAL AMOUNT IT WILL COST THE PURCHASER OR LESSEE TO UPDATE
THE MAPS, OR MAKE A GOOD FAITH  ESTIMATE  IN  EACH  TRANSACTION  OF  THE
AMOUNT  OF SUCH CHARGES. IF SUCH CHARGES ARE ESTIMATED, THE DEALER SHALL
SET FORTH ON SUCH SALES CONTRACT OR LEASE AGREEMENT  OR  ON  A  SEPARATE
DOCUMENT  TO  BE  INITIALLED  BY  THE PURCHASER OR LESSEE IN CONSPICUOUS
BOLDFACE TYPE, THE FOLLOWING DISCLOSURE: "THE AMOUNT INDICATED  ON  THIS
SALES  CONTRACT OR LEASE AGREEMENT FOR UPDATED GLOBAL POSITIONING SYSTEM
MAP FEES IS AN ESTIMATE."
  4. Where a violation of this section is alleged to have occurred,  the
attorney general may apply in the name of the people of the state of New
York  to  the supreme court of the state of New York within the judicial
district in which such violation is alleged to have occurred, on  notice
of  five  days, for an order enjoining or restraining the continuance of
such violation. In any such proceeding the  court  may  impose  a  civil
penalty in an amount not to exceed five hundred dollars and order resti-
tution to aggrieved consumers.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10561-01-5

2015-S5708A (ACTIVE) - Details

See Assembly Version of this Bill:: A7231
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §396-qq, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A3092
2019-2020: A3911

2015-S5708A (ACTIVE) - Summary

Requires dealers to disclose information regarding fees for updating maps on global positioning systems installed in motor vehicles.

2015-S5708A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5708A

 TITLE OF BILL :  An act to amend the general business law, in
relation to requiring dealers to disclose information regarding fees
for updating maps on global positioning systems installed in motor
vehicles

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would ensure that people purchasing or leasing a vehicle
with global positioning systems (GPS) installed are made aware of fees
attached to updating their vehicles GPS.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends subdivision 3 of section 396-qq of the general
business law, as added by chapter 553 of the laws of 1996.

Whenever a dealer sells or leases a motor vehicle with GPS installed,
the dealer shall inform the purchaser or lessee of the need and cost
to periodically update the maps. The dealer shall provide either the
actual amount, or a good faith estimate of such charges. The dealer
shall disclose that amount in the sales contract or lease agreement of
actual cost for updates at time of sale or as an estimate of future
cost.

A violation to this section allows the court, within the judicial
district in which such a violation is alleged to have occurred, to
impose a civil penalty not to exceed five hundred dollars and order
restitution to the aggrieved consumers.

 JUSTIFICATION :

When purchasing or leasing a new vehicle, consumers are encouraged to
install a GPS in their vehicle because of their effectiveness and
convenience. However, updates can be required at least once a year to
encourage consumers to drive on the current version of their map.
Driving a vehicle with an outdated GPS can put the driver and
occupants in danger since road and sign changes have not been made
aware to the operator. This bill notifies buyers that a fee may be
charged when updating their GPS in the future, thereby informing them
of anticipated costs.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S5708A (ACTIVE) - Bill Text download pdf

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

                                 5708--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to requiring deal-
  ers to disclose information regarding fees for updating maps on global
  positioning systems installed in motor vehicles

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

  Section  1.  Subdivision  3  of section 396-qq of the general business
law, as added by chapter 553 of the laws of 1996, is amended to read  as
follows:
  3.  WHENEVER  A  DEALER  SELLS OR LEASES A MOTOR VEHICLE WITH A GLOBAL
POSITIONING SYSTEM (GPS) INSTALLED IN SUCH  MOTOR  VEHICLE,  THE  DEALER
SHALL  INFORM THE PURCHASER OR LESSEE OF THE NEED TO PERIODICALLY UPDATE
THE MAPS OF THE GLOBAL POSITIONING SYSTEM AND THE DEALER  SHALL  PROVIDE
EITHER THE CURRENT AMOUNT IT WILL COST THE PURCHASER OR LESSEE TO UPDATE
THE  MAPS,  OR  A GOOD FAITH ESTIMATE OF THE AMOUNT OF SUCH CHARGES. THE
DEALER SHALL SET FORTH ON SUCH SALES CONTRACT OR LEASE AGREEMENT OR ON A
SEPARATE DOCUMENT TO  BE  INITIALLED  BY  THE  PURCHASER  OR  LESSEE  IN
CONSPICUOUS  BOLDFACE  TYPE, THE FOLLOWING DISCLOSURE: "THE AMOUNT INDI-
CATED ON THIS SALES CONTRACT OR LEASE AGREEMENT FOR UPDATED GLOBAL POSI-
TIONING SYSTEM MAP FEES IS  THE  CURRENT  COST  FOR  UPDATE  ON  DAY  OF
SALE/LEASE OR AN ESTIMATE OF FUTURE COST."
  4.  Where a violation of this section is alleged to have occurred, the
attorney general may apply in the name of the people of the state of New
York to the supreme court of the state of New York within  the  judicial
district  in which such violation is alleged to have occurred, on notice
of five days, for an order enjoining or restraining the  continuance  of
such  violation.  In  any  such  proceeding the court may impose a civil
penalty in an amount not to exceed five hundred dollars and order resti-
tution to aggrieved consumers.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10561-02-6

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Senate Bill S5708A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 24, 2016 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: May 24, 2016

Bill Amendments

2015-S5708 - Details

2015-S5708 - Summary

2015-S5708 - Sponsor Memo

2015-S5708 - Bill Text download pdf

2015-S5708A (ACTIVE) - Details

2015-S5708A (ACTIVE) - Summary

2015-S5708A (ACTIVE) - Sponsor Memo

2015-S5708A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5708A

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2015-S5708 - Details

2015-S5708 - Summary

2015-S5708 - Sponsor Memo

2015-S5708 - Bill Text download pdf

2015-S5708A (ACTIVE) - Details

2015-S5708A (ACTIVE) - Summary

2015-S5708A (ACTIVE) - Sponsor Memo

2015-S5708A (ACTIVE) - Bill Text download pdf

Comments