S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3897
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  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.  (A)  "STARTER INTERRUPT DEVICE" SHALL MEAN A DEVICE WHICH TRACKS A
 MOTOR VEHICLE PURCHASER'S OR LESSEE'S SCHEDULED PAYMENTS UNDER A FINANC-
 ING OR LEASE AGREEMENT AND PREVENTS THE VEHICLE FROM STARTING IF A SCHE-
 DULED PAYMENT IS NOT RECEIVED BY ITS DUE DATE OR WITHIN  ANY  APPLICABLE
 GRACE  PERIOD.  SUCH  DEVICE  TYPICALLY REQUIRES THE CONSUMER TO ENTER A
 CODE FOR EACH PAYMENT PERIOD IN ORDER TO CONTINUE OPERATING THE VEHICLE.

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

                                                            LBD02703-01-9

 A. 3897                             2
 
 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.  GPS  TRACKING  DEVICES  THAT ARE SEPARATE FROM, AND INDEPENDENT OF,
 STARTER INTERRUPT DEVICES SHALL BE EXEMPT FROM THIS PROHIBITION.
   (B) "STARTER INTERRUPT DEVICE" SHALL NOT MEAN ANY  IGNITION  INTERLOCK
 DEVICE  WHOSE  INSTALLATION  AND  USE IS MANDATED BY COURT ORDER, OR ANY
 IGNITION INTERLOCK DEVICE WHOSE SOLE PURPOSE IS TO PREVENT DRIVING UNDER
 THE INFLUENCE OR REPORTING ATTEMPTED DRIVING UNDER THE INFLUENCE. "STAR-
 TER INTERRUPT DEVICE" SHALL NOT MEAN ANY AFTER MARKET CONSUMER-INSTALLED
 OR MANUFACTURER-INSTALLED REMOTE DISABLING DEVICE, PROVIDED  THAT  THESE
 DEVICES  SHALL  ONLY  BE USED IN THE EVENT OF THEFT BY A THIRD PARTY AND
 NOT FOR PURPOSES OF REPOSSESSION BY A LENDER OR SELLER. BUYERS  MAY  NOT
 CONSENT TO USE THESE DEVICES FOR THE PURPOSES OF REPOSSESSION.
   §  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 OF 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 DEFENDANT 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, WITH-
 OUT  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 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 ATTORNEY GENERAL IS
 AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE  RELEVANT  FACT
 AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
 RULES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made on or before such effective date.