Senate Bill S7127

2017-2018 Legislative Session

Prohibits rental car companies from discriminating on the basis of geographical location

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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Bill Amendments

2017-S7127 - Details

See Assembly Version of this Bill:
A9980
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A510
2011-2012: A5952
2013-2014: A1043
2015-2016: A5811

2017-S7127 - Summary

Prohibits rental car companies from discriminating on the basis of the geographical location of the residence of the person attempting to enter into the rental agreement; prohibits imposing of additional charges or conditions; provides injunctive relief and imposes a fine of up to $1,000 for each violation.

2017-S7127 - Sponsor Memo

2017-S7127 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7127
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  discrimination
   in the rental of motor vehicles on the basis of geographic location

   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 section
 391-u to read as follows:
   § 391-U. RENTAL OF MOTOR VEHICLES;  DISCRIMINATION  ON  THE  BASIS  OF
 GEOGRAPHICAL  LOCATION.    1. IT SHALL BE UNLAWFUL FOR ANY MOTOR VEHICLE
 RENTAL AGENCY TO ENGAGE IN ANY OF THE FOLLOWING PRACTICES ON  THE  BASIS
 OF  THE  GEOGRAPHICAL LOCATION OF THE RESIDENCE OF THE PERSON ATTEMPTING
 TO ENTER INTO SUCH RENTAL AGREEMENT:
   A. REFUSE TO RENT SUCH VEHICLE;
   B. IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR  VEHICLE;
 OR
   C.  IMPOSE  ANY  ADDITIONAL  TERMS,  CONDITIONS OR PRIVILEGES UPON THE
 RENTAL OF SUCH VEHICLE.
   2. UPON ANY VIOLATION OF THIS SECTION, AN APPLICATION MAY BE  MADE  BY
 THE  ATTORNEY  GENERAL IN THE NAME OF THE PEOPLE OF THE STATE TO A COURT
 OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND  UPON  NOTICE
 TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
 CONTINUANCE  OF THE VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF
 THE COURT OR JUSTICE THAT THE RESPONDENT HAS VIOLATED ANY  PROVISION  OF
 THIS  SECTION,  AN  INJUNCTION  MAY  BE  ISSUED BY THE 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 PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION.
 
              

co-Sponsors

2017-S7127A (ACTIVE) - Details

See Assembly Version of this Bill:
A9980
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A510
2011-2012: A5952
2013-2014: A1043
2015-2016: A5811

2017-S7127A (ACTIVE) - Summary

Prohibits rental car companies from discriminating on the basis of the geographical location of the residence of the person attempting to enter into the rental agreement; prohibits imposing of additional charges or conditions; provides injunctive relief and imposes a fine of up to $1,000 for each violation.

2017-S7127A (ACTIVE) - Sponsor Memo

2017-S7127A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7127--A
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in relation to  discrimination
   in the rental of motor vehicles on the basis of geographic location
 
   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 section
 391-u to read as follows:
   § 391-U. RENTAL OF MOTOR VEHICLES;  DISCRIMINATION  ON  THE  BASIS  OF
 GEOGRAPHICAL  LOCATION.    1. IT SHALL BE UNLAWFUL FOR ANY MOTOR VEHICLE
 RENTAL AGENCY TO ENGAGE IN ANY OF THE FOLLOWING PRACTICES ON  THE  BASIS
 OF  THE  GEOGRAPHICAL LOCATION OF THE RESIDENCE OF THE PERSON ATTEMPTING
 TO ENTER INTO SUCH RENTAL AGREEMENT:
   A. REFUSE TO RENT SUCH VEHICLE;
   B. IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR  VEHICLE;
 OR
   C.  IMPOSE  ANY  ADDITIONAL  TERMS,  CONDITIONS OR PRIVILEGES UPON THE
 RENTAL OF SUCH VEHICLE.
   2. UPON ANY VIOLATION OF THIS SECTION, AN APPLICATION MAY BE  MADE  BY
 THE  ATTORNEY  GENERAL IN THE NAME OF THE PEOPLE OF THE STATE TO A COURT
 OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND  UPON  NOTICE
 TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
 CONTINUANCE  OF THE VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF
 THE COURT OR JUSTICE THAT THE RESPONDENT HAS VIOLATED ANY  PROVISION  OF
 THIS  SECTION,  AN  INJUNCTION  MAY  BE  ISSUED BY THE 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 PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 
              

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