S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    893
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. GUNTHER, GOTTFRIED, ABINANTI, BENEDETTO, GALEF,
   ENGLEBRIGHT, OTIS, JAFFEE, McDONOUGH -- Multi-Sponsored by -- M. of A.
   MAGEE, MAYER, SKARTADOS, TITONE --  read  once  and  referred  to  the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to the prohibition
   of  the  installation  of starter interrupt devices on certain new and
   used motor vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 11-C to read as follows:
                                ARTICLE 11-C
             STARTER INTERRUPT DEVICE INSTALLATION PROHIBITED
 SECTION 199-O. DEFINITIONS.
         199-P. VIOLATIONS.
         199-Q. EXCEPTIONS.
         199-R. CIVIL PENALTY.
         199-S. RULES AND REGULATIONS.
         199-T. ENFORCEMENT BY ATTORNEY GENERAL.
   §  199-O.  DEFINITIONS. THE FOLLOWING TERMS WHEN USED IN THIS ARTICLE,
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE  VEHICLE
 AND TRAFFIC LAW.
   2.  "MOTOR  VEHICLE"  AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF
 THE VEHICLE AND TRAFFIC LAW AND EXCLUDING CLASS A, B AND C  LIMITED  USE
 MOTORCYCLES  AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHI-
 CLE AND TRAFFIC LAW.
   3. "STARTER INTERRUPT DEVICE" SHALL MEAN A DEVICE WHICH TRACKS A MOTOR
 VEHICLE PURCHASER'S OR LESSEE'S SCHEDULED PAYMENTS UNDER A FINANCING  OR
 LEASE  AGREEMENT  AND  PREVENTS THE VEHICLE FROM STARTING IF A SCHEDULED
 PAYMENT IS NOT RECEIVED BY ITS DUE DATE OR WITHIN ANY  APPLICABLE  GRACE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03668-01-7

 A. 893                              2
 
 PERIOD.  SUCH DEVICE TYPICALLY REQUIRES THE CONSUMER TO ENTER A CODE FOR
 EACH PAYMENT PERIOD IN ORDER TO CONTINUE OPERATING  THE  VEHICLE.    THE
 CONSUMER  RECEIVES  THE  PAYMENT  CODES  THAT  WILL ALLOW THE VEHICLE TO
 CONTINUE  TO  START  FROM  THE  CREDITOR  WHEN PAYMENT IS TENDERED. SUCH
 DEVICE MAY INCLUDE A GLOBAL POSITIONING SYSTEM (GPS) TRACKING  CAPABILI-
 TY.
   §  199-P.  VIOLATIONS.  NO  NEW OR USED MOTOR VEHICLE DEALER OR LENDER
 SHALL BE PERMITTED TO INSTALL A STARTER  INTERRUPT  DEVICE  ON  A  MOTOR
 VEHICLE PURCHASER'S OR LESSEE'S MOTOR VEHICLE.
   §  199-Q.  EXCEPTIONS.  THE PROVISIONS THIS ARTICLE SHALL NOT APPLY TO
 ANY RENTAL VEHICLE COMPANY AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION
 ONE OF SECTION THREE HUNDRED NINETY-SIX-Z OF THIS CHAPTER.
   §  199-R.  CIVIL PENALTY. A KNOWING VIOLATION OF THIS SECTION SHALL BE
 PUNISHABLE BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS.
   § 199-S. RULES AND REGULATIONS. THE COMMISSIONER OF THE DEPARTMENT  OF
 MOTOR  VEHICLES, IN CONJUNCTION WITH THE ATTORNEY GENERAL, SHALL PROMUL-
 GATE SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY TO  IMPLEMENT  THE
 PROVISIONS OF THIS ARTICLE.
   §  199-T.  ENFORCEMENT  BY ATTORNEY GENERAL. WHENEVER THERE SHALL BE A
 VIOLATION OF THIS ARTICLE, AN APPLICATION MAY BE MADE  BY  THE  ATTORNEY
 GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF
 COMPETENT  JURISDICTION  BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A
 FINE AND THE ISSUANCE OF AN INJUNCTION AGAINST  ANY  VIOLATION  OF  THIS
 ARTICLE, UPON NOTICE TO THE RENTAL VEHICLE COMPANY OF NOT LESS THAN FIVE
 DAYS,  TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
 IT SHALL APPEAR TO THE SATISFACTION OF THE COURT  OR  JUSTICE  THAT  THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE
 ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER
 VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
 ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
 TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
 DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT SHALL
 IMPOSE  A  CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH
 VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTOR-
 NEY  GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
 RELEVANT FACT AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRAC-
 TICE LAW AND RULES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.