Assembly Bill A11670

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11670
 
                           I N  A S S E M B L Y
 
                             September 2, 2026
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
   read  once  and  referred  to  the  Committee  on Consumer Affairs and
   Protection
 
 AN ACT to amend the general business law, in relation to  payments  made
   to commercial towers and storage lot operators
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 399-x of the general business  law
 is  amended by adding a new paragraph d and subdivisions 2 and 3, subdi-
 vision 2 as added by chapter 166 of the laws of 1997 and  subdivision  3
 as  amended  by  chapter 328 of the laws of 2008, are amended to read as
 follows:
   D. FOR PURPOSES OF THIS SECTION, "MAJOR CREDIT CARD" SHALL MEAN  MAST-
 ERCARD, VISA, AMERICAN EXPRESS OR DISCOVER.
   2. Requirements. Each and every commercial tower or storage lot opera-
 tor,  which requires the payment by an owner of a towed motor vehicle of
 all or part of the towing and/or storage  charges  associated  with  the
 towing and/or storage of such owner's motor vehicle as a precondition to
 the  release  of  such motor vehicle to such owner or [his or her] THEIR
 authorized representative[, and which accepts] MUST ACCEPT CASH  AND  AT
 LEAST  TWO MAJOR credit cards, AS THAT TERM IS DEFINED IN PARAGRAPH D OF
 SUBDIVISION ONE OF THIS SECTION or debit cards,  as  [those  terms  are]
 THAT  TERM  IS defined in section five hundred eleven of this chapter as
 forms of payment [in the ordinary course of business, must  accept  each
 of these forms of payment] for such towing and/or storage charges.
   3. Penalties. (a) Whenever there shall be a violation of this section,
 an  application  may  be made by the attorney general in the name of the
 people of the state of New York to a court or justice  having  jurisdic-
 tion  to  issue  an  injunction, and 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  section,  an
 injunction  may  be  issued  by  such  court  or  justice, enjoining and
 restraining any further violation,  without  requiring  proof  that  any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16123-02-6
 A. 11670                            2
 
 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 less
 than [fifty] ONE THOUSAND dollars and not more than [one  thousand]  TWO
 THOUSAND  FIVE  HUNDRED  dollars  for each such violation. In connection
 with any such proposed application, the attorney general  is  authorized
 to  take  proof  and  make  a determination of the relevant facts and to
 issue subpoenas in accordance with the civil practice law and rules.
   (b) The provisions of this section may be enforced concurrently by the
 town attorney, city corporation counsel, or other lawful designee  of  a
 municipality  or  local  government, and all moneys collected thereunder
 shall be retained by such municipality or local government.
   § 2. Subdivisions 2 and 3 of section 399-xx of  the  general  business
 law, as added by chapter 690 of the laws of 2004, are amended to read as
 follows:
   2. Requirements. A commercial tower who responds to a call for assist-
 ance from an owner or operator of a vehicle that is inoperable or cannot
 be  safely operated or who offers to transport, repair, or render safely
 operable such a vehicle shall, in compliance with any reasonable request
 of an owner or operator of such vehicle, repair the vehicle or transport
 the vehicle and its  occupants  to  a  reasonably  safe  location  where
 repairs  can  be  made.  The  commercial  tower shall not be required to
 transport all vehicle occupants if the number of occupants  exceeds  the
 number of passengers that can be safely transported. The owner or opera-
 tor  of the vehicle shall be liable to the commercial tower for the cost
 of towing and repair  services  provided.  The  commercial  tower  shall
 accept  cash  and [all other forms of payment that such commercial tower
 accepts in the ordinary course of  business,  including]  AT  LEAST  TWO
 MAJOR  credit  [and]  CARDS,  AS  THAT TERM IS DEFINED IN PARAGRAPH D OF
 SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-X OF  THIS  ARTICLE
 OR  debit  cards as [those terms are] AS THAT TERM IS defined in section
 five hundred eleven of this chapter as payment for all or  part  of  the
 charges  for  towing  and  repair  services  accepted  and provided. The
 commercial tower may require such proof of identification  from  persons
 making  payments  in  forms  other  than  cash  as  the commercial tower
 requires for such payments in the ordinary course of  business.  If  the
 owner or operator of a vehicle declines services of the commercial tower
 or  cannot  or will not provide payment and identification for towing or
 repair services, a commercial tower shall notify law  enforcement  about
 the  location  and  identification of the vehicle and its occupants. The
 provisions of this section do not apply to a vehicle which  is  lawfully
 parked at the home of the vehicle's owner or operator.
   3. Penalties. (A) Whenever there shall be a violation of this section,
 an  application  may  be made by the attorney general in the name of the
 people of the state of New York to a court or justice  having  jurisdic-
 tion  to  issue  an  injunction, and 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  section,  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
 A. 11670                            3
 
 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 LESS
 THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO  THOUSAND  FIVE  HUNDRED
 DOLLARS  FOR  EACH  SUCH VIOLATION. In connection with any such proposed
 application, the attorney general is authorized to take proof and make a
 determination of the relevant facts and to issue subpoenas in accordance
 with the civil practice law and rules.
   (B) THE PROVISIONS OF THIS SECTION MAY BE ENFORCED CONCURRENTLY BY THE
 TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE  OF  A
 MUNICIPALITY  OR  LOCAL  GOVERNMENT, AND ALL MONEYS COLLECTED THEREUNDER
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.