assembly Bill A3569

2015-2016 Legislative Session

Relates to use of official seals

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2016 held for consideration in local governments
Jan 06, 2016 referred to local governments
Jun 03, 2015 print number 3569a
amend and recommit to local governments
Jan 27, 2015 referred to local governments

Bill Amendments

A3569
A3569A
A3569
A3569A

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A3569 - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Amd §404, County L
Versions Introduced in 2013-2014 Legislative Session:
A8666

A3569 - Bill Texts

view summary

Relates to use of official seals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3569

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY, GOODELL, TEDISCO, MONTESANO, WALTER,
  STEC, McLAUGHLIN, GRAF, PALMESANO, HAWLEY,  McDONOUGH,  OAKS,  CORWIN,
  KOLB -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GIGLIO, KEARNS
  -- read once and referred to the Committee on Local Governments

AN ACT to amend the county law, in relation to use of official seals

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

  Section 1. Section 404 of the county law, as amended by chapter 961 of
the laws of 1966, is amended to read as follows:
  S 404. Official seals. The official seals of boards of supervisors  of
the  several counties, county seal, county treasurer's seal and the seal
of the register of deeds  shall  continue  to  be  the  official  seals,
respectively,  of  such boards, county treasurer, surrogate and register
of deeds and used as such, respectively, when authorized by law AND  MAY
NOT  BE USED BY ANOTHER STATE OR MUNICIPAL AGENCY WITHOUT PRIOR CONSENT.
When any such seal shall be lost, destroyed, or become  unfit  for  use,
the  board of supervisors of the county interested therein or not having
such seal, shall cause a new seal or seals to be made at the expense  of
the  county.  A  description  of  each  of such seals, together with the
impressions therefrom, shall be filed in the office of the county  clerk
and  in  the  office  of  the secretary of state. In counties having two
county seats, a duplicate of the county seal shall be procured and  kept
at  the  county seat where the county clerk's office is not situated, at
some place to be designated by the county clerk and may be used  by  him
the  same  as  at his office. In counties having but one court house and
which is located more than five miles from the county clerk's office,  a
duplicate  of  the  county seal shall be procured and kept at such court
house and the county clerk may use the same at  such  court  house.  The
seal kept by the county clerk in each county, as prescribed in the judi-
ciary law, shall continue to be the seal of the county, and must be used
by him where he is required to use an official seal.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07612-01-5

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A3569A - Bill Details

Current Committee:
Law Section:
County Law
Laws Affected:
Amd §404, County L
Versions Introduced in 2013-2014 Legislative Session:
A8666

A3569A - Bill Texts

view summary

Relates to use of official seals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3569--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY, GOODELL, TEDISCO, MONTESANO, WALTER,
  STEC, McLAUGHLIN, GRAF, PALMESANO, HAWLEY,  McDONOUGH,  OAKS,  CORWIN,
  KOLB -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GIGLIO, KEARNS
  --  read  once  and  referred to the Committee on Local Governments --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the county law, in relation to use of official seals

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

  Section 1. Section 404 of the county law, as amended by chapter 961 of
the laws of 1966, is amended to read as follows:
  S 404. Official seals. The official seals of boards of supervisors  of
the  several counties, county seal, county treasurer's seal and the seal
of the register of deeds  shall  continue  to  be  the  official  seals,
respectively,  of  such boards, county treasurer, surrogate and register
of deeds and used as such, respectively, when authorized by law AND  MAY
NOT  BE  USED  BY  ANY  STATE OR MUNICIPAL AGENCY WITHOUT PRIOR CONSENT.
When any such seal shall be lost, destroyed, or become  unfit  for  use,
the  board of supervisors of the county interested therein or not having
such seal, shall cause a new seal or seals to be made at the expense  of
the  county.  A  description  of  each  of such seals, together with the
impressions therefrom, shall be filed in the office of the county  clerk
and  in  the  office  of  the secretary of state. In counties having two
county seats, a duplicate of the county seal shall be procured and  kept
at  the  county seat where the county clerk's office is not situated, at
some place to be designated by the county clerk and may be used  by  him
the  same  as  at his office. In counties having but one court house and
which is located more than five miles from the county clerk's office,  a
duplicate  of  the  county seal shall be procured and kept at such court
house and the county clerk may use the same at  such  court  house.  The
seal kept by the county clerk in each county, as prescribed in the judi-
ciary law, shall continue to be the seal of the county, and must be used
by him where he is required to use an official seal.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07612-03-5

assembly Bill A5624A

2015-2016 Legislative Session

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to transportation
Jun 03, 2015 print number 5624a
amend (t) and recommit to transportation
Mar 02, 2015 referred to transportation

Bill Amendments

A5624
A5624A
A5624
A5624A

A5624 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L

A5624 - Bill Texts

view summary

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5624

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  suspension
  of  a  person's  privilege  to  operate  a  vessel and suspension of a
  person's vessel registration

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

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. SUSPENSION OF THE PRIVILEGE TO OPERATE A  VESSEL.  A  COURT  SHALL,
UPON  REVOCATION  OR SUSPENSION OF A PERSON'S MOTOR VEHICLE LICENSE AS A
RESULT OF A VIOLATION OF THIS ARTICLE, SUSPEND A PERSON'S  PRIVILEGE  TO
OPERATE  A  VESSEL  AND MAY SUSPEND SUCH PERSON'S VESSEL REGISTRATION IN
ACCORDANCE WITH SECTION FORTY NINE-A OF THE  NAVIGATION  LAW.  FOLLOWING
THE  PERIOD OF REVOCATION OR SUSPENSION IMPOSED BY THE COURT, A PERSON'S
PRIVILEGE TO OPERATE A VESSEL AND VESSEL  REGISTRATION  SHALL  BE  REIN-
STATED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02686-01-5

Co-Sponsors

A5624A - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L

A5624A - Bill Texts

view summary

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5624--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Transportation --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the vehicle and traffic law, in relation to suspension
  of a person's privilege to operate a pleasure vessel and suspension of
  a person's vessel registration

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

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. SUSPENSION OF THE PRIVILEGE TO OPERATE A PLEASURE VESSEL.  A  COURT
SHALL, UPON REVOCATION OR SUSPENSION OF A PERSON'S MOTOR VEHICLE LICENSE
AS A RESULT OF A VIOLATION OF THIS ARTICLE, SUSPEND A PERSON'S PRIVILEGE
TO OPERATE A PLEASURE VESSEL AND MAY SUSPEND SUCH PERSON'S VESSEL REGIS-
TRATION  IN  ACCORDANCE WITH SECTION FORTY-NINE-A OF THE NAVIGATION LAW.
FOLLOWING THE PERIOD OF REVOCATION OR SUSPENSION IMPOSED BY THE COURT, A
PERSON'S PRIVILEGE TO OPERATE A PLEASURE VESSEL AND VESSEL  REGISTRATION
SHALL BE REINSTATED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02686-02-5

assembly Bill A5624

2015-2016 Legislative Session

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to transportation
Jun 03, 2015 print number 5624a
amend (t) and recommit to transportation
Mar 02, 2015 referred to transportation

Bill Amendments

A5624
A5624A
A5624
A5624A

A5624 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L

A5624 - Bill Texts

view summary

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5624

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  suspension
  of  a  person's  privilege  to  operate  a  vessel and suspension of a
  person's vessel registration

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

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. SUSPENSION OF THE PRIVILEGE TO OPERATE A  VESSEL.  A  COURT  SHALL,
UPON  REVOCATION  OR SUSPENSION OF A PERSON'S MOTOR VEHICLE LICENSE AS A
RESULT OF A VIOLATION OF THIS ARTICLE, SUSPEND A PERSON'S  PRIVILEGE  TO
OPERATE  A  VESSEL  AND MAY SUSPEND SUCH PERSON'S VESSEL REGISTRATION IN
ACCORDANCE WITH SECTION FORTY NINE-A OF THE  NAVIGATION  LAW.  FOLLOWING
THE  PERIOD OF REVOCATION OR SUSPENSION IMPOSED BY THE COURT, A PERSON'S
PRIVILEGE TO OPERATE A VESSEL AND VESSEL  REGISTRATION  SHALL  BE  REIN-
STATED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02686-01-5

Co-Sponsors

A5624A - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L

A5624A - Bill Texts

view summary

Relates to suspension of a person's privilege to operate a pleasure vessel and suspension of a person's vessel registration.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5624--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Transportation --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the vehicle and traffic law, in relation to suspension
  of a person's privilege to operate a pleasure vessel and suspension of
  a person's vessel registration

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

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 3 to read as follows:
  3. SUSPENSION OF THE PRIVILEGE TO OPERATE A PLEASURE VESSEL.  A  COURT
SHALL, UPON REVOCATION OR SUSPENSION OF A PERSON'S MOTOR VEHICLE LICENSE
AS A RESULT OF A VIOLATION OF THIS ARTICLE, SUSPEND A PERSON'S PRIVILEGE
TO OPERATE A PLEASURE VESSEL AND MAY SUSPEND SUCH PERSON'S VESSEL REGIS-
TRATION  IN  ACCORDANCE WITH SECTION FORTY-NINE-A OF THE NAVIGATION LAW.
FOLLOWING THE PERIOD OF REVOCATION OR SUSPENSION IMPOSED BY THE COURT, A
PERSON'S PRIVILEGE TO OPERATE A PLEASURE VESSEL AND VESSEL  REGISTRATION
SHALL BE REINSTATED.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02686-02-5

senate Bill S5269B

2015-2016 Legislative Session

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2016 print number 5269c
amend and recommit to judiciary
Jan 06, 2016 referred to judiciary
Jun 01, 2015 print number 5269b
amend and recommit to judiciary
May 26, 2015 print number 5269a
amend (t) and recommit to judiciary
May 12, 2015 referred to judiciary

Bill Amendments

S5269
S5269A
S5269B
S5269C
S5269
S5269A
S5269B
S5269C

S5269 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269 - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the disabl-
ing to the lender

PURPOSE:

The bill prohibits auto lenders from remotely disabling a vehicle with-
out first giving notice of the lender's ability to disable the vehicle
ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform Commer-
cial Code by adding new paragraph 60-a defining a "payment assurance
device" as any device installed in a vehicle that can remotely disable
that vehicle.

Section two of this bill amends Section 601 of the General Business Law
by renumbering subdivision 10 as subdivision 11 and adding a new subdi-
vision 10. This new subdivision prohibits auto lenders from remotely
disabling vehicles without having first provided a registered or certi-
fied mail notice to the borrower. This notice is to be postmarked no
fewer than ten days prior to the date on which the lender obtains the
right to remotely disable the vehicle for delinquent payments.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the borrower aware of the time at which the lender obtains the
right to disable the borrower's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect imme-
diately.

JUSTIFICATION:

Auto lenders are currently allowed to install devices in cars that serve
both as GPS tracking devices as well as remote ignition disablers. This
allows these lenders to track their cars and, if the borrower is delin-
quent on payments, remotely disable the car. This presents a serious
safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the borrower
aware

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car in
the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles have
been disabled even on busy interstates. In 2012, a woman almost crashed
because her car was remotely deactivated on a three-lane highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could have
their vehicles disabled while on vacations or long trips, leaving them
stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional writ-
ten notice before they acquire the right to remotely disable a vehicle.
This will be a minor requirement that would prevent these potential
risks to borrowers' safety.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5269

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the lender

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

  Section 1. Subdivision (a) of section 9-102 of the uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
  (60-A)  "PAYMENT  ASSURANCE  DEVICE"  MEANS  ANY DEVICE INSTALLED IN A
VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S 2. Subdivision 10 of section 601 of the  general  business  law,  as
added  by  chapter 342 of the laws of 2011, is renumbered subdivision 11
and amended and a new subdivision 10 is added to read as follows:
  10.   REMOTELY DISABLE A VEHICLE  USING  A  PAYMENT  ASSURANCE  DEVICE
DEFINED  IN  PARAGRAPH  SIXTY-A OF SUBDIVISION A OF SECTION 9-102 OF THE
UNIFORM COMMERCIAL CODE OR BY ANY OTHER MEANS IN ORDER  TO  REPOSSESS  A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE  REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY REGIS-
TERED OR CERTIFIED MAIL TO THE ADDRESS  AT  WHICH  THE  DEBTOR  WILL  BE
RESIDING  ON  THE  EXPECTED DATE OF THE REMOTE DISABLING OF THE VEHICLE.
THE NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE  DATE
ON  WHICH  THE  PRINCIPAL  CREDITOR  OR  HIS  AGENT OBTAINS THE RIGHT TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-01-5

S. 5269                             2

twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. Section 601 of the general business law is amended  by  adding  a
new subdivision 12 to read as follows:
  12.  THE  DATE  ON  WHICH  THE PRINCIPAL CREDITOR OBTAINS THE RIGHT TO
UTILIZE A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A  VEHI-
CLE  MUST  BE  MADE  AWARE  TO  THE BORROWER BEFORE A CONTRACT IS SIGNED
BETWEEN THE PRINCIPAL CREDITOR AND THE BORROWER.
  S 4. This act shall take effect immediately.

S5269A - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269A - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269A

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE: The bill prohibits auto lenders from remotely disabling a
vehicle without first giving notice of the lender's ability to disable
the vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle.

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided a registered
or certified mail notice to the debtor. This notice is to be
postmarked no fewer than ten days prior to the date on which the
lender obtains the right to remotely disable the vehicle.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the debtor aware of the time at which the lender obtains the
right to disable the debtor's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect
immediately.

JUSTIFICATION: Auto lenders are currently allowed to install devices
in cars that serve both as GPS tracking devices as well as remote
ignition disablers. This allows these lenders to track their cars and,
if the borrower is delinquent on payments, remotely disable the car.
This presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles


have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the uniform commercial code and the general business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section  1. Subdivision (a) of section 9-102 of the uniform commercial
code is amended by adding a new paragraph 60-a to read as follows:
  (60-A) "PAYMENT ASSURANCE DEVICE" MEANS  ANY  DEVICE  INSTALLED  IN  A
VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBDIVISION (A) OF SECTION 9-102 OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY  REGIS-
TERED  OR  CERTIFIED  MAIL  TO  THE  ADDRESS AT WHICH THE DEBTOR WILL BE
RESIDING ON THE EXPECTED DATE OF THE REMOTE DISABLING  OF  THE  VEHICLE.
THE  NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE DATE
ON WHICH THE PRINCIPAL CREDITOR  OR  HIS  AGENT  OBTAINS  THE  RIGHT  TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion  subpoenas  per month, fail to keep complete records concerning all
information subpoenas sent by such principal  creditor  or  agent.  Such
records  shall  be  maintained  for  five years. Contemporaneous records
shall be kept that set forth with specificity the grounds for such prin-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-02-5

S. 5269--A                          2

cipal creditor or agent's reasonable belief, which must be certified and
accompany each information subpoena pursuant to rule  fifty-two  hundred
twenty-four  of the civil practice law and rules, that the party receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. Section 601 of the general business law is amended  by  adding  a
new subdivision 12 to read as follows:
  12.  THE  DATE  ON  WHICH  THE PRINCIPAL CREDITOR OBTAINS THE RIGHT TO
UTILIZE A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A  VEHI-
CLE MUST BE MADE CLEAR TO THE DEBTOR BEFORE A CONTRACT IS SIGNED BETWEEN
THE PRINCIPAL CREDITOR AND THE DEBTOR.
  S 4. This act shall take effect immediately.

S5269B - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269B - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269B

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE: The bill prohibits auto lenders from remotely disabling a
vehicle without first giving notice of the lender's ability to disable
the vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided a registered
or certified mail notice to the debtor. This notice is to be
postmarked no fewer than ten days prior to the date on which the
lender obtains the right to remotely disable the vehicle.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the debtor aware of the time at which the lender obtains the
right to disable the debtor's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect
immediately.

JUSTIFICATION: Auto lenders are currently allowed to install devices
in cars that serve both as GPS tracking devices as well as remote
ignition disablers. This allows these lenders to track their cars and,
if the borrower is delinquent on payments, remotely disable the car.
This presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles


have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section 1. Subsection (a) of section 9-102 of the  uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
       (60-A) "PAYMENT ASSURANCE DEVICE" MEANS ANY DEVICE INSTALLED IN A
              VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBSECTION (A) OF SECTION 9-102  OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY  REGIS-
TERED  OR  CERTIFIED  MAIL  TO  THE  ADDRESS AT WHICH THE DEBTOR WILL BE
RESIDING ON THE EXPECTED DATE OF THE REMOTE DISABLING  OF  THE  VEHICLE.
THE  NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE DATE
ON WHICH THE PRINCIPAL CREDITOR  OR  HIS  AGENT  OBTAINS  THE  RIGHT  TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion  subpoenas  per month, fail to keep complete records concerning all
information subpoenas sent by such principal  creditor  or  agent.  Such
records  shall  be  maintained  for  five years. Contemporaneous records

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-04-5

S. 5269--B                          2

shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany each information subpoena pursuant to rule  fifty-two  hundred
twenty-four  of the civil practice law and rules, that the party receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to any other penalty that [my]  MAY  be  imposed,  failure  to  maintain
records in accordance with this subdivision shall subject such principal
creditor  or agent to a civil penalty of not more than fifty dollars per
subpoena, up to a maximum of five thousand dollars per violation, in  an
action brought by the attorney general[.]; OR
  S  3.  Section  601 of the general business law is amended by adding a
new subdivision 12 to read as follows:
  12. THE DATE ON WHICH THE PRINCIPAL  CREDITOR  OBTAINS  THE  RIGHT  TO
UTILIZE  A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A VEHI-
CLE MUST BE MADE CLEAR TO THE DEBTOR BEFORE A CONTRACT IS SIGNED BETWEEN
THE PRINCIPAL CREDITOR AND THE DEBTOR.
  S 4. This act shall take effect immediately.

S5269C - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269C - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER: S5269C

TITLE OF BILL : An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE :

The bill prohibits auto lenders from remotely disabling a vehicle
without first giving notice of the lender's ability to disable the
vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS :

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle.

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided notice to
the debtor in accordance with the method required by the contract
between the debtor and the lender. This notice is to be postmarked no
fewer than ten days prior to the date on which the lender obtains the
right to remotely disable the vehicle.

Section three of this bill states that this act shall take effect
immediately.

JUSTIFICATION :

Auto lenders are currently allowed to install devices in cars that
serve both as GPS tracking devices as well as remote ignition
disablers. This allows these lenders to track their cars and, if the
borrower is delinquent on payments, remotely disable the car. This
presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles
have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.


This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY :

2015: S.5269 - Referred to Judiciary

FISCAL IMPLICATIONS :

None

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Judiciary 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 uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section 1. Subsection (a) of section 9-102 of the  uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
       (60-A) "PAYMENT ASSURANCE DEVICE" MEANS ANY DEVICE INSTALLED IN A
              VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBSECTION (A) OF SECTION 9-102  OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE IN THE  METHOD  AND  TIMETABLE  AGREED
UPON  BY  THE  CONSUMER  AND  THE  CREDITOR  IN THE INITIAL CONTRACT FOR
SERVICES. THE NOTICE SHALL BE MAILED BY REGISTERED OR CERTIFIED MAIL  TO
THE ADDRESS AT WHICH THE DEBTOR WILL BE RESIDING ON THE EXPECTED DATE OF
THE  REMOTE  DISABLING OF THE VEHICLE. THE NOTICE SHALL BE POSTMARKED NO
LATER THAN TEN DAYS PRIOR TO THE DATE ON WHICH THE PRINCIPAL CREDITOR OR
HIS AGENT OBTAINS THE RIGHT TO REMOTELY DISABLE THE VEHICLE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-07-6

S. 5269--C                          2

  11. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred
twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. This act shall take effect immediately.

senate Bill S5269A

2015-2016 Legislative Session

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2016 print number 5269c
amend and recommit to judiciary
Jan 06, 2016 referred to judiciary
Jun 01, 2015 print number 5269b
amend and recommit to judiciary
May 26, 2015 print number 5269a
amend (t) and recommit to judiciary
May 12, 2015 referred to judiciary

Bill Amendments

S5269
S5269A
S5269B
S5269C
S5269
S5269A
S5269B
S5269C

S5269 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269 - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the disabl-
ing to the lender

PURPOSE:

The bill prohibits auto lenders from remotely disabling a vehicle with-
out first giving notice of the lender's ability to disable the vehicle
ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform Commer-
cial Code by adding new paragraph 60-a defining a "payment assurance
device" as any device installed in a vehicle that can remotely disable
that vehicle.

Section two of this bill amends Section 601 of the General Business Law
by renumbering subdivision 10 as subdivision 11 and adding a new subdi-
vision 10. This new subdivision prohibits auto lenders from remotely
disabling vehicles without having first provided a registered or certi-
fied mail notice to the borrower. This notice is to be postmarked no
fewer than ten days prior to the date on which the lender obtains the
right to remotely disable the vehicle for delinquent payments.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the borrower aware of the time at which the lender obtains the
right to disable the borrower's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect imme-
diately.

JUSTIFICATION:

Auto lenders are currently allowed to install devices in cars that serve
both as GPS tracking devices as well as remote ignition disablers. This
allows these lenders to track their cars and, if the borrower is delin-
quent on payments, remotely disable the car. This presents a serious
safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the borrower
aware

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car in
the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles have
been disabled even on busy interstates. In 2012, a woman almost crashed
because her car was remotely deactivated on a three-lane highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could have
their vehicles disabled while on vacations or long trips, leaving them
stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional writ-
ten notice before they acquire the right to remotely disable a vehicle.
This will be a minor requirement that would prevent these potential
risks to borrowers' safety.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5269

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the lender

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

  Section 1. Subdivision (a) of section 9-102 of the uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
  (60-A)  "PAYMENT  ASSURANCE  DEVICE"  MEANS  ANY DEVICE INSTALLED IN A
VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S 2. Subdivision 10 of section 601 of the  general  business  law,  as
added  by  chapter 342 of the laws of 2011, is renumbered subdivision 11
and amended and a new subdivision 10 is added to read as follows:
  10.   REMOTELY DISABLE A VEHICLE  USING  A  PAYMENT  ASSURANCE  DEVICE
DEFINED  IN  PARAGRAPH  SIXTY-A OF SUBDIVISION A OF SECTION 9-102 OF THE
UNIFORM COMMERCIAL CODE OR BY ANY OTHER MEANS IN ORDER  TO  REPOSSESS  A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE  REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY REGIS-
TERED OR CERTIFIED MAIL TO THE ADDRESS  AT  WHICH  THE  DEBTOR  WILL  BE
RESIDING  ON  THE  EXPECTED DATE OF THE REMOTE DISABLING OF THE VEHICLE.
THE NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE  DATE
ON  WHICH  THE  PRINCIPAL  CREDITOR  OR  HIS  AGENT OBTAINS THE RIGHT TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-01-5

S. 5269                             2

twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. Section 601 of the general business law is amended  by  adding  a
new subdivision 12 to read as follows:
  12.  THE  DATE  ON  WHICH  THE PRINCIPAL CREDITOR OBTAINS THE RIGHT TO
UTILIZE A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A  VEHI-
CLE  MUST  BE  MADE  AWARE  TO  THE BORROWER BEFORE A CONTRACT IS SIGNED
BETWEEN THE PRINCIPAL CREDITOR AND THE BORROWER.
  S 4. This act shall take effect immediately.

S5269A - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269A - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269A

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE: The bill prohibits auto lenders from remotely disabling a
vehicle without first giving notice of the lender's ability to disable
the vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle.

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided a registered
or certified mail notice to the debtor. This notice is to be
postmarked no fewer than ten days prior to the date on which the
lender obtains the right to remotely disable the vehicle.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the debtor aware of the time at which the lender obtains the
right to disable the debtor's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect
immediately.

JUSTIFICATION: Auto lenders are currently allowed to install devices
in cars that serve both as GPS tracking devices as well as remote
ignition disablers. This allows these lenders to track their cars and,
if the borrower is delinquent on payments, remotely disable the car.
This presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles


have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the uniform commercial code and the general business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section  1. Subdivision (a) of section 9-102 of the uniform commercial
code is amended by adding a new paragraph 60-a to read as follows:
  (60-A) "PAYMENT ASSURANCE DEVICE" MEANS  ANY  DEVICE  INSTALLED  IN  A
VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBDIVISION (A) OF SECTION 9-102 OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY  REGIS-
TERED  OR  CERTIFIED  MAIL  TO  THE  ADDRESS AT WHICH THE DEBTOR WILL BE
RESIDING ON THE EXPECTED DATE OF THE REMOTE DISABLING  OF  THE  VEHICLE.
THE  NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE DATE
ON WHICH THE PRINCIPAL CREDITOR  OR  HIS  AGENT  OBTAINS  THE  RIGHT  TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion  subpoenas  per month, fail to keep complete records concerning all
information subpoenas sent by such principal  creditor  or  agent.  Such
records  shall  be  maintained  for  five years. Contemporaneous records
shall be kept that set forth with specificity the grounds for such prin-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-02-5

S. 5269--A                          2

cipal creditor or agent's reasonable belief, which must be certified and
accompany each information subpoena pursuant to rule  fifty-two  hundred
twenty-four  of the civil practice law and rules, that the party receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. Section 601 of the general business law is amended  by  adding  a
new subdivision 12 to read as follows:
  12.  THE  DATE  ON  WHICH  THE PRINCIPAL CREDITOR OBTAINS THE RIGHT TO
UTILIZE A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A  VEHI-
CLE MUST BE MADE CLEAR TO THE DEBTOR BEFORE A CONTRACT IS SIGNED BETWEEN
THE PRINCIPAL CREDITOR AND THE DEBTOR.
  S 4. This act shall take effect immediately.

S5269B - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269B - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269B

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE: The bill prohibits auto lenders from remotely disabling a
vehicle without first giving notice of the lender's ability to disable
the vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided a registered
or certified mail notice to the debtor. This notice is to be
postmarked no fewer than ten days prior to the date on which the
lender obtains the right to remotely disable the vehicle.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the debtor aware of the time at which the lender obtains the
right to disable the debtor's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect
immediately.

JUSTIFICATION: Auto lenders are currently allowed to install devices
in cars that serve both as GPS tracking devices as well as remote
ignition disablers. This allows these lenders to track their cars and,
if the borrower is delinquent on payments, remotely disable the car.
This presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles


have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section 1. Subsection (a) of section 9-102 of the  uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
       (60-A) "PAYMENT ASSURANCE DEVICE" MEANS ANY DEVICE INSTALLED IN A
              VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBSECTION (A) OF SECTION 9-102  OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY  REGIS-
TERED  OR  CERTIFIED  MAIL  TO  THE  ADDRESS AT WHICH THE DEBTOR WILL BE
RESIDING ON THE EXPECTED DATE OF THE REMOTE DISABLING  OF  THE  VEHICLE.
THE  NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE DATE
ON WHICH THE PRINCIPAL CREDITOR  OR  HIS  AGENT  OBTAINS  THE  RIGHT  TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion  subpoenas  per month, fail to keep complete records concerning all
information subpoenas sent by such principal  creditor  or  agent.  Such
records  shall  be  maintained  for  five years. Contemporaneous records

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-04-5

S. 5269--B                          2

shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany each information subpoena pursuant to rule  fifty-two  hundred
twenty-four  of the civil practice law and rules, that the party receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to any other penalty that [my]  MAY  be  imposed,  failure  to  maintain
records in accordance with this subdivision shall subject such principal
creditor  or agent to a civil penalty of not more than fifty dollars per
subpoena, up to a maximum of five thousand dollars per violation, in  an
action brought by the attorney general[.]; OR
  S  3.  Section  601 of the general business law is amended by adding a
new subdivision 12 to read as follows:
  12. THE DATE ON WHICH THE PRINCIPAL  CREDITOR  OBTAINS  THE  RIGHT  TO
UTILIZE  A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A VEHI-
CLE MUST BE MADE CLEAR TO THE DEBTOR BEFORE A CONTRACT IS SIGNED BETWEEN
THE PRINCIPAL CREDITOR AND THE DEBTOR.
  S 4. This act shall take effect immediately.

S5269C - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269C - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER: S5269C

TITLE OF BILL : An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE :

The bill prohibits auto lenders from remotely disabling a vehicle
without first giving notice of the lender's ability to disable the
vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS :

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle.

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided notice to
the debtor in accordance with the method required by the contract
between the debtor and the lender. This notice is to be postmarked no
fewer than ten days prior to the date on which the lender obtains the
right to remotely disable the vehicle.

Section three of this bill states that this act shall take effect
immediately.

JUSTIFICATION :

Auto lenders are currently allowed to install devices in cars that
serve both as GPS tracking devices as well as remote ignition
disablers. This allows these lenders to track their cars and, if the
borrower is delinquent on payments, remotely disable the car. This
presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles
have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.


This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY :

2015: S.5269 - Referred to Judiciary

FISCAL IMPLICATIONS :

None

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Judiciary 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 uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section 1. Subsection (a) of section 9-102 of the  uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
       (60-A) "PAYMENT ASSURANCE DEVICE" MEANS ANY DEVICE INSTALLED IN A
              VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBSECTION (A) OF SECTION 9-102  OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE IN THE  METHOD  AND  TIMETABLE  AGREED
UPON  BY  THE  CONSUMER  AND  THE  CREDITOR  IN THE INITIAL CONTRACT FOR
SERVICES. THE NOTICE SHALL BE MAILED BY REGISTERED OR CERTIFIED MAIL  TO
THE ADDRESS AT WHICH THE DEBTOR WILL BE RESIDING ON THE EXPECTED DATE OF
THE  REMOTE  DISABLING OF THE VEHICLE. THE NOTICE SHALL BE POSTMARKED NO
LATER THAN TEN DAYS PRIOR TO THE DATE ON WHICH THE PRINCIPAL CREDITOR OR
HIS AGENT OBTAINS THE RIGHT TO REMOTELY DISABLE THE VEHICLE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-07-6

S. 5269--C                          2

  11. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred
twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. This act shall take effect immediately.

senate Bill S5269

2015-2016 Legislative Session

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2016 print number 5269c
amend and recommit to judiciary
Jan 06, 2016 referred to judiciary
Jun 01, 2015 print number 5269b
amend and recommit to judiciary
May 26, 2015 print number 5269a
amend (t) and recommit to judiciary
May 12, 2015 referred to judiciary

Bill Amendments

S5269
S5269A
S5269B
S5269C
S5269
S5269A
S5269B
S5269C

S5269 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269 - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the disabl-
ing to the lender

PURPOSE:

The bill prohibits auto lenders from remotely disabling a vehicle with-
out first giving notice of the lender's ability to disable the vehicle
ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform Commer-
cial Code by adding new paragraph 60-a defining a "payment assurance
device" as any device installed in a vehicle that can remotely disable
that vehicle.

Section two of this bill amends Section 601 of the General Business Law
by renumbering subdivision 10 as subdivision 11 and adding a new subdi-
vision 10. This new subdivision prohibits auto lenders from remotely
disabling vehicles without having first provided a registered or certi-
fied mail notice to the borrower. This notice is to be postmarked no
fewer than ten days prior to the date on which the lender obtains the
right to remotely disable the vehicle for delinquent payments.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the borrower aware of the time at which the lender obtains the
right to disable the borrower's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect imme-
diately.

JUSTIFICATION:

Auto lenders are currently allowed to install devices in cars that serve
both as GPS tracking devices as well as remote ignition disablers. This
allows these lenders to track their cars and, if the borrower is delin-
quent on payments, remotely disable the car. This presents a serious
safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the borrower
aware

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car in
the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles have
been disabled even on busy interstates. In 2012, a woman almost crashed
because her car was remotely deactivated on a three-lane highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could have
their vehicles disabled while on vacations or long trips, leaving them
stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional writ-
ten notice before they acquire the right to remotely disable a vehicle.
This will be a minor requirement that would prevent these potential
risks to borrowers' safety.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5269

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the lender

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

  Section 1. Subdivision (a) of section 9-102 of the uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
  (60-A)  "PAYMENT  ASSURANCE  DEVICE"  MEANS  ANY DEVICE INSTALLED IN A
VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S 2. Subdivision 10 of section 601 of the  general  business  law,  as
added  by  chapter 342 of the laws of 2011, is renumbered subdivision 11
and amended and a new subdivision 10 is added to read as follows:
  10.   REMOTELY DISABLE A VEHICLE  USING  A  PAYMENT  ASSURANCE  DEVICE
DEFINED  IN  PARAGRAPH  SIXTY-A OF SUBDIVISION A OF SECTION 9-102 OF THE
UNIFORM COMMERCIAL CODE OR BY ANY OTHER MEANS IN ORDER  TO  REPOSSESS  A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE  REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY REGIS-
TERED OR CERTIFIED MAIL TO THE ADDRESS  AT  WHICH  THE  DEBTOR  WILL  BE
RESIDING  ON  THE  EXPECTED DATE OF THE REMOTE DISABLING OF THE VEHICLE.
THE NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE  DATE
ON  WHICH  THE  PRINCIPAL  CREDITOR  OR  HIS  AGENT OBTAINS THE RIGHT TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-01-5

S. 5269                             2

twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. Section 601 of the general business law is amended  by  adding  a
new subdivision 12 to read as follows:
  12.  THE  DATE  ON  WHICH  THE PRINCIPAL CREDITOR OBTAINS THE RIGHT TO
UTILIZE A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A  VEHI-
CLE  MUST  BE  MADE  AWARE  TO  THE BORROWER BEFORE A CONTRACT IS SIGNED
BETWEEN THE PRINCIPAL CREDITOR AND THE BORROWER.
  S 4. This act shall take effect immediately.

S5269A - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269A - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269A

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE: The bill prohibits auto lenders from remotely disabling a
vehicle without first giving notice of the lender's ability to disable
the vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle.

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided a registered
or certified mail notice to the debtor. This notice is to be
postmarked no fewer than ten days prior to the date on which the
lender obtains the right to remotely disable the vehicle.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the debtor aware of the time at which the lender obtains the
right to disable the debtor's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect
immediately.

JUSTIFICATION: Auto lenders are currently allowed to install devices
in cars that serve both as GPS tracking devices as well as remote
ignition disablers. This allows these lenders to track their cars and,
if the borrower is delinquent on payments, remotely disable the car.
This presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles


have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the uniform commercial code and the general business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section  1. Subdivision (a) of section 9-102 of the uniform commercial
code is amended by adding a new paragraph 60-a to read as follows:
  (60-A) "PAYMENT ASSURANCE DEVICE" MEANS  ANY  DEVICE  INSTALLED  IN  A
VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBDIVISION (A) OF SECTION 9-102 OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY  REGIS-
TERED  OR  CERTIFIED  MAIL  TO  THE  ADDRESS AT WHICH THE DEBTOR WILL BE
RESIDING ON THE EXPECTED DATE OF THE REMOTE DISABLING  OF  THE  VEHICLE.
THE  NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE DATE
ON WHICH THE PRINCIPAL CREDITOR  OR  HIS  AGENT  OBTAINS  THE  RIGHT  TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion  subpoenas  per month, fail to keep complete records concerning all
information subpoenas sent by such principal  creditor  or  agent.  Such
records  shall  be  maintained  for  five years. Contemporaneous records
shall be kept that set forth with specificity the grounds for such prin-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-02-5

S. 5269--A                          2

cipal creditor or agent's reasonable belief, which must be certified and
accompany each information subpoena pursuant to rule  fifty-two  hundred
twenty-four  of the civil practice law and rules, that the party receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. Section 601 of the general business law is amended  by  adding  a
new subdivision 12 to read as follows:
  12.  THE  DATE  ON  WHICH  THE PRINCIPAL CREDITOR OBTAINS THE RIGHT TO
UTILIZE A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A  VEHI-
CLE MUST BE MADE CLEAR TO THE DEBTOR BEFORE A CONTRACT IS SIGNED BETWEEN
THE PRINCIPAL CREDITOR AND THE DEBTOR.
  S 4. This act shall take effect immediately.

S5269B - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269B - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER:S5269B

TITLE OF BILL: An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE: The bill prohibits auto lenders from remotely disabling a
vehicle without first giving notice of the lender's ability to disable
the vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS:

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided a registered
or certified mail notice to the debtor. This notice is to be
postmarked no fewer than ten days prior to the date on which the
lender obtains the right to remotely disable the vehicle.

Section three of this bill amends Section 601 of the General Business
Law by adding new subdivision 12 which provides that the lender must
make the debtor aware of the time at which the lender obtains the
right to disable the debtor's vehicle before any contracts are signed
between the two groups.

Section four of this bill states that this act shall take effect
immediately.

JUSTIFICATION: Auto lenders are currently allowed to install devices
in cars that serve both as GPS tracking devices as well as remote
ignition disablers. This allows these lenders to track their cars and,
if the borrower is delinquent on payments, remotely disable the car.
This presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles


have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.

This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section 1. Subsection (a) of section 9-102 of the  uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
       (60-A) "PAYMENT ASSURANCE DEVICE" MEANS ANY DEVICE INSTALLED IN A
              VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBSECTION (A) OF SECTION 9-102  OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE. THE NOTICE SHALL BE MAILED BY  REGIS-
TERED  OR  CERTIFIED  MAIL  TO  THE  ADDRESS AT WHICH THE DEBTOR WILL BE
RESIDING ON THE EXPECTED DATE OF THE REMOTE DISABLING  OF  THE  VEHICLE.
THE  NOTICE SHALL BE POSTMARKED NO LATER THAN TEN DAYS PRIOR TO THE DATE
ON WHICH THE PRINCIPAL CREDITOR  OR  HIS  AGENT  OBTAINS  THE  RIGHT  TO
REMOTELY DISABLE THE VEHICLE; OR
  11. If such principal creditor or agent sends more than fifty informa-
tion  subpoenas  per month, fail to keep complete records concerning all
information subpoenas sent by such principal  creditor  or  agent.  Such
records  shall  be  maintained  for  five years. Contemporaneous records

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-04-5

S. 5269--B                          2

shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany each information subpoena pursuant to rule  fifty-two  hundred
twenty-four  of the civil practice law and rules, that the party receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to any other penalty that [my]  MAY  be  imposed,  failure  to  maintain
records in accordance with this subdivision shall subject such principal
creditor  or agent to a civil penalty of not more than fifty dollars per
subpoena, up to a maximum of five thousand dollars per violation, in  an
action brought by the attorney general[.]; OR
  S  3.  Section  601 of the general business law is amended by adding a
new subdivision 12 to read as follows:
  12. THE DATE ON WHICH THE PRINCIPAL  CREDITOR  OBTAINS  THE  RIGHT  TO
UTILIZE  A PAYMENT ASSURANCE DEVICE IN ORDER TO REMOTELY DISABLE A VEHI-
CLE MUST BE MADE CLEAR TO THE DEBTOR BEFORE A CONTRACT IS SIGNED BETWEEN
THE PRINCIPAL CREDITOR AND THE DEBTOR.
  S 4. This act shall take effect immediately.

S5269C - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Uniform Commercial Code
Laws Affected:
Amd §9-102, UCC; amd §601, Gen Bus L

S5269C - Bill Texts

view summary

Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.

view sponsor memo
BILL NUMBER: S5269C

TITLE OF BILL : An act to amend the uniform commercial code and the
general business law, in relation to prohibiting auto lenders from
remotely disabling a vehicle without first giving notice of the
disabling to the borrower

PURPOSE :

The bill prohibits auto lenders from remotely disabling a vehicle
without first giving notice of the lender's ability to disable the
vehicle ten days in advance of obtaining that right.

SUMMARY OF PROVISIONS :

Section one of this bill amends Section 9-102(a) of the Uniform
Commercial Code by adding new paragraph 60-a defining a "payment
assurance device" as any device installed in a vehicle that can
remotely disable that vehicle.

Section two of this bill amends Section 601 of the General Business
Law by renumbering subdivision 10 as subdivision 11 and adding a new
subdivision 10. This new subdivision prohibits auto lenders from
remotely disabling vehicles without having first provided notice to
the debtor in accordance with the method required by the contract
between the debtor and the lender. This notice is to be postmarked no
fewer than ten days prior to the date on which the lender obtains the
right to remotely disable the vehicle.

Section three of this bill states that this act shall take effect
immediately.

JUSTIFICATION :

Auto lenders are currently allowed to install devices in cars that
serve both as GPS tracking devices as well as remote ignition
disablers. This allows these lenders to track their cars and, if the
borrower is delinquent on payments, remotely disable the car. This
presents a serious safety issue for those who borrow these cars.

The purpose of these devices is to make the repossession process more
efficacious by tracking the vehicles location. However, the added step
of remotely disabling a vehicle is unnecessary since these lenders can
already track the cars. This disabling device is important to have in
vehicles for theft situations, but should be used for lending purposes
only after the lender has made significant efforts to make the
borrower aware.

We have seen instances where these devices have led to severe safety
risks. In 2014, a woman in Las Vegas needed to drive her ten year old
son to the emergency room because he had an asthma attack and a 103.5
degree fever, but was not able to because her lender disabled her car
in the driveway over a $389 delinquent charge.

These lenders assure drivers that these devices will not be used while
the vehicle is in motion, but there have been cases where vehicles
have been disabled even on busy interstates. In 2012, a woman almost
crashed because her car was remotely deactivated on a three-lane
highway.

Sometimes, individuals have had their vehicles disabled in dangerous
neighborhoods, and there is the possibility that individuals could
have their vehicles disabled while on vacations or long trips, leaving
them stranded far away from their homes, families and jobs.


This bill would provide that lenders give borrowers an additional
written notice before they acquire the right to remotely disable a
vehicle. This will be a minor requirement that would prevent these
potential risks to borrowers' safety.

LEGISLATIVE HISTORY :

2015: S.5269 - Referred to Judiciary

FISCAL IMPLICATIONS :

None

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5269--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Judiciary 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 uniform commercial code  and  the  general  business
  law, in relation to prohibiting auto lenders from remotely disabling a
  vehicle without first giving notice of the disabling to the borrower

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

  Section 1. Subsection (a) of section 9-102 of the  uniform  commercial
code is amended by adding a new paragraph 60-a to read as follows:
       (60-A) "PAYMENT ASSURANCE DEVICE" MEANS ANY DEVICE INSTALLED IN A
              VEHICLE THAT CAN BE USED TO REMOTELY DISABLE THE VEHICLE.
  S  2.  Subdivision  10  of section 601 of the general business law, as
added by chapter 342 of the laws of 2011, is renumbered  subdivision  11
and amended and a new subdivision 10 is added to read as follows:
  10.    REMOTELY  DISABLE  A  VEHICLE  USING A PAYMENT ASSURANCE DEVICE
DEFINED IN PARAGRAPH SIXTY-A OF SUBSECTION (A) OF SECTION 9-102  OF  THE
UNIFORM  COMMERCIAL  CODE  OR BY ANY OTHER MEANS IN ORDER TO REPOSSESS A
DEBTOR'S VEHICLE WITHOUT FIRST HAVING GIVEN WRITTEN NOTICE OF THE POSSI-
BLE REMOTE DISABLING OF A VEHICLE IN THE  METHOD  AND  TIMETABLE  AGREED
UPON  BY  THE  CONSUMER  AND  THE  CREDITOR  IN THE INITIAL CONTRACT FOR
SERVICES. THE NOTICE SHALL BE MAILED BY REGISTERED OR CERTIFIED MAIL  TO
THE ADDRESS AT WHICH THE DEBTOR WILL BE RESIDING ON THE EXPECTED DATE OF
THE  REMOTE  DISABLING OF THE VEHICLE. THE NOTICE SHALL BE POSTMARKED NO
LATER THAN TEN DAYS PRIOR TO THE DATE ON WHICH THE PRINCIPAL CREDITOR OR
HIS AGENT OBTAINS THE RIGHT TO REMOTELY DISABLE THE VEHICLE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11024-07-6

S. 5269--C                          2

  11. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred
twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  S 3. This act shall take effect immediately.

senate Bill S2650

2015-2016 Legislative Session

Increases the penalty for assaults involving a youth sports official

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 11, 2016 print number 2650a
amend and recommit to codes
Jan 06, 2016 referred to codes
Jan 27, 2015 referred to codes

Bill Amendments

S2650
S2650A
S2650
S2650A

S2650 - Bill Details

See Assembly Version of this Bill:
A8015
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.05 & 180.35, add §240.33, Pen L

S2650 - Bill Texts

view summary

Makes the intentional causing of physical injury to a youth sports official a class D felony of assault in the second degree; creates class B misdemeanor of aggravated harassment of a youth sports official when a person, with intent to annoy, harass, threaten or alarm a sports official, strikes or expectorates on such official.

view sponsor memo
BILL NUMBER:S2650

TITLE OF BILL: An act to amend the penal law, in relation to the
assault on youth sports officials

PURPOSE:

The purpose of this bill is to increase the criminal penalty for
assaults involving a youth sports official.

SUMMARY OF PROVISIONS:

Section 1 amends subdivisions 10, 11, and 12 of section 120.05 of the
penal law while also adding a new subdivision 13.

Section 2 adds a new subdivision 3-a to section 180.35 of the penal
law. Section 3 adds a new section 240.33 to the penal law. Section 4
provides the effective date.

JUSTIFICATION:

Currently, there are 21 states with laws that are specifically meant
to protect sports officials. New York State is currently not one of
them. 11 states charge offenders with misdemeanors and five states
have misdemeanor and/or felony charges, depending on the severity of
the assault.

Idaho and Washington passed resolutions in support of sports
officials.

While existing assault statutes in New York State are in place, sports
officials are too often the targets of either verbal abuse or in some
cases physical assault.

The passage of this legislation will act as a deterrent against
inappropriate physical or verbal acts against a youth sports official.
It will improve the environment for all competitive sports for our
youth in New York State.

LEGISLATIVE HISTORY:

This is a New Bill.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Shall take effect on the first of November next succeeding the date on
which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2650

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN  ACT  to  amend  the  penal  law, in relation to the assault on youth
  sports officials

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

  Section  1.  Subdivisions 10, 11 and 12 of section 120.05 of the penal
law, subdivision 10 as added by chapter 181 of the laws of 2000,  subdi-
vision  11 as amended by chapter 196 of the laws of 2014 and subdivision
12 as added by chapter 68 of the laws of 2008, are  amended  and  a  new
subdivision 13 is added to read as follows:
  10.  Acting at a place the person knows, or reasonably should know, is
on school grounds and with intent to cause physical injury, he or she:
  (a) causes such injury to an employee of a  school  or  public  school
district; or
  (b)  not  being  a  student  of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for  educational  purposes.  For
purposes  of  this  subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen  of  section  220.00  of  this
chapter[.]; OR
  11.  With  intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose  operation is authorized by New York state or any of its political
subdivisions, a city marshal, a school crossing guard appointed pursuant
to section two hundred eight-a of the general municipal law,  a  traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
sanitation enforcement agent, New York city  sanitation  worker,  regis-
tered nurse or licensed practical nurse he or she causes physical injury

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08079-01-5

S. 2650                             2

to  such  train operator, ticket inspector, conductor, signalperson, bus
operator or station agent, city marshal, school crossing guard appointed
pursuant to section two hundred eight-a of the  general  municipal  law,
traffic  enforcement  officer,  traffic enforcement agent, prosecutor as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure  law,  registered  nurse,  licensed  practical  nurse,   sanitation
enforcement agent or New York city sanitation worker, while such employ-
ee is performing an assigned duty on, or directly related to, the opera-
tion  of  a  train  or bus, or such city marshal, school crossing guard,
traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
defined in subdivision thirty-one of section 1.20 of the criminal proce-
dure   law,  registered  nurse,  licensed  practical  nurse,  sanitation
enforcement agent or New York city sanitation worker, is  performing  an
assigned duty[.]; OR
  12. With intent to cause physical injury to a person who is sixty-five
years  of age or older, he or she causes such injury to such person, and
the actor is more than ten years younger than such person[.]; OR
  13. WITH INTENT TO CAUSE PHYSICAL INJURY TO A YOUTH SPORTS OFFICIAL AS
DEFINED IN SUBDIVISION THREE-A OF SECTION 180.35 OF THIS CHAPTER, HE  OR
SHE  CAUSES SUCH INJURY TO SUCH YOUTH SPORTS OFFICIAL IN OR ON OR WITHIN
ANY BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD OR PLAYGROUND  AT  WHICH
THE SPORTS CONTEST IS CONDUCTED; INCLUDING ANY AND ALL SURROUNDING PARK-
ING FACILITIES OR AREAS DESIGNATED FOR PARKING FOR SUCH SPORTS CONTESTS.
  S 2. Section 180.35 of the penal law is amended by adding a new subdi-
vision 3-a to read as follows:
  3-A.  "YOUTH  SPORTS  OFFICIAL"  MEANS ANY PERSON WHO ACTS IN A SPORTS
CONTEST AS AN UMPIRE, REFEREE, JUDGE OR OTHERWISE OFFICIATES AT A  YOUTH
SPORTS  CONTEST  FOR  ELEMENTARY, MIDDLE OR SECONDARY AGE SCHOOL PARTIC-
IPANTS.
  S 3. The penal law is amended by adding a new section 240.33  to  read
as follows:
S 240.33 AGGRAVATED HARASSMENT OF A YOUTH SPORTS OFFICIAL.
  A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A YOUTH SPORTS OFFICIAL
WHEN,  WITH  INTENT  TO  HARASS, ANNOY, THREATEN OR ALARM A YOUTH SPORTS
OFFICIAL AS DEFINED IN SUBDIVISION THREE-A OF  SECTION  180.35  OF  THIS
CHAPTER, HE OR SHE:
  1.  STRIKES,  SHOVES,  KICKS  OR  OTHERWISE SUBJECTS SUCH YOUTH SPORTS
OFFICIAL TO PHYSICAL CONTACT, OR ATTEMPTS TO THREATEN TO DO THE SAME; OR
  2.  CAUSES OR ATTEMPTS TO CAUSE SUCH YOUTH  SPORTS  OFFICIAL  TO  COME
INTO CONTACT WITH SALIVA BY EXPELLING SUCH FLUID AT A SPORTS CONTEST.
  AGGRAVATED  HARASSMENT  OF A YOUTH SPORTS OFFICIAL IS A CLASS B MISDE-
MEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

S2650A - Bill Details

See Assembly Version of this Bill:
A8015
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.05 & 180.35, add §240.33, Pen L

S2650A - Bill Texts

view summary

Makes the intentional causing of physical injury to a youth sports official a class D felony of assault in the second degree; creates class B misdemeanor of aggravated harassment of a youth sports official when a person, with intent to annoy, harass, threaten or alarm a sports official, strikes or expectorates on such official.

view sponsor memo
BILL NUMBER: S2650A

TITLE OF BILL :

An act to amend the penal law, in relation to the assault on youth
sports officials

PURPOSE :

The purpose of this bill is to increase the criminal penalty for
assaults involving a youth sports official.

SUMMARY OF PROVISIONS :

Section 1 amends subdivisions 10, 11, and 12 of section 120.05 of the
penal law while also adding a new subdivision 13.

Section 2 adds a new subdivision 3-a to section 180.35 of the penal
law. Section 3 adds a new section 240.33 to the penal law. Section 4
provides the effective date.

JUSTIFICATION :

Currently, there are 21 states with laws that are specifically meant
to protect sports officials. New York State is currently not one of
them. 11 states charge offenders with misdemeanors and five states
have misdemeanor and/or felony charges, depending on the severity of
the assault.

Idaho and Washington passed resolutions in support of sports
officials.

While existing assault statutes in New York State are in place, sports
officials are too often the targets of either verbal abuse or in some
cases physical assault.

The passage of this legislation will act as a deterrent against
inappropriate physical or verbal acts against a youth sports official.
It will improve the environment for all competitive sports for our
youth in New York State.

FISCAL IMPLEMENTATION :

No cost to the state.

LEGISLATIVE HISTORY:

2016: Referred to Codes 2015: Referred to Codes

EFFECTIVE DATE :
Shall take effect on the first of November next succeeding the date on
which it shall have become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2650--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced by Sen. PANEPINTO -- read twice and ordered printed, and when
  printed  to  be  committed to the Committee on Codes -- recommitted to
  the Committee on Codes 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 penal law, in  relation  to  the  assault  on  youth
  sports officials

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

  Section 1. Subdivisions 10, 11 and 12 of section 120.05 of  the  penal
law,  subdivision 10 as added by chapter 181 of the laws of 2000, subdi-
vision 11 as separately amended by chapters 472 and 487 of the  laws  of
2015  and subdivision 12 as added by chapter 68 of the laws of 2008, are
amended and a new subdivision 14 is added to read as follows:
  10. Acting at a place the person knows, or reasonably should know,  is
on school grounds and with intent to cause physical injury, he or she:
  (a)  causes  such  injury  to an employee of a school or public school
district; or
  (b) not being a student of such  school  or  public  school  district,
causes physical injury to another, and such other person is a student of
such  school  who  is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds"  shall  have  the
meaning  set  forth  in  subdivision  fourteen of section 220.00 of this
chapter[.]; OR
  11. With intent to cause physical injury to a train  operator,  ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its  political
subdivisions, a city marshal, a school crossing guard appointed pursuant
to  section  two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08079-02-6

S. 2650--A                          2

subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
sanitation  enforcement  agent, New York city sanitation worker, [public
health sanitarian, New York city public health  sanitarian,]  registered
nurse[,]   OR  licensed  practical  nurse[,  emergency  medical  service
paramedic, or emergency medical service technician,]  he or  she  causes
physical  injury  to  such  train operator, ticket inspector, conductor,
signalperson, bus operator or station agent, city marshal, school cross-
ing guard appointed pursuant to  section  two  hundred  eight-a  of  the
general  municipal law, traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of  section  1.20
of  the  criminal  procedure  law,  registered nurse, licensed practical
nurse, [public health sanitarian, New York city public health  sanitari-
an,] sanitation enforcement agent[,] OR New York city sanitation worker,
[emergency medical service paramedic, or emergency medical service tech-
nician,]  while  such  employee  is  performing  an assigned duty on, or
directly related to, the operation of a  train  or  bus,  or  such  city
marshal,  school  crossing  guard,  traffic enforcement officer, traffic
enforcement agent, prosecutor as defined in  subdivision  thirty-one  of
section  1.20  of the criminal procedure law, registered nurse, licensed
practical nurse, [public health sanitarian, New York city public  health
sanitarian,] sanitation enforcement agent[,] OR New York city sanitation
worker,  [emergency  medical  service  paramedic,  or  emergency medical
service technician] is performing an assigned duty[.]; OR
  12. With intent to cause physical injury to a person who is sixty-five
years of age or older, he or she causes such injury to such person,  and
the actor is more than ten years younger than such person[.]; OR
  14. WITH INTENT TO CAUSE PHYSICAL INJURY TO A YOUTH SPORTS OFFICIAL AS
DEFINED  IN SUBDIVISION THREE-A OF SECTION 180.35 OF THIS CHAPTER, HE OR
SHE CAUSES SUCH INJURY TO SUCH YOUTH SPORTS OFFICIAL IN OR ON OR  WITHIN
ANY  BUILDING,  STRUCTURE, ATHLETIC PLAYING FIELD OR PLAYGROUND AT WHICH
THE SPORTS CONTEST IS CONDUCTED; INCLUDING ANY AND ALL SURROUNDING PARK-
ING FACILITIES OR AREAS DESIGNATED FOR PARKING FOR SUCH SPORTS CONTESTS.
  S 2. Section 180.35 of the penal law is amended by adding a new subdi-
vision 3-a to read as follows:
  3-A. "YOUTH SPORTS OFFICIAL" MEANS ANY PERSON WHO  ACTS  IN  A  SPORTS
CONTEST  AS AN UMPIRE, REFEREE, JUDGE OR OTHERWISE OFFICIATES AT A YOUTH
SPORTS CONTEST FOR ELEMENTARY, MIDDLE OR SECONDARY  AGE  SCHOOL  PARTIC-
IPANTS.
  S  3.  The penal law is amended by adding a new section 240.33 to read
as follows:
S 240.33 AGGRAVATED HARASSMENT OF A YOUTH SPORTS OFFICIAL.
  A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A YOUTH SPORTS OFFICIAL
WHEN, WITH INTENT TO HARASS, ANNOY, THREATEN OR  ALARM  A  YOUTH  SPORTS
OFFICIAL  AS  DEFINED  IN  SUBDIVISION THREE-A OF SECTION 180.35 OF THIS
CHAPTER, HE OR SHE:
  1. STRIKES, SHOVES, KICKS OR  OTHERWISE  SUBJECTS  SUCH  YOUTH  SPORTS
OFFICIAL TO PHYSICAL CONTACT, OR ATTEMPTS TO THREATEN TO DO THE SAME; OR
  2.    CAUSES  OR  ATTEMPTS TO CAUSE SUCH YOUTH SPORTS OFFICIAL TO COME
INTO CONTACT WITH SALIVA BY EXPELLING SUCH FLUID AT A SPORTS CONTEST.
  AGGRAVATED HARASSMENT OF A YOUTH SPORTS OFFICIAL IS A CLASS  B  MISDE-
MEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law; provided that the
amendments to subdivision 11 of section 120.05 of the penal law, made by
section one of this act, shall take effect on the same date and  in  the
same manner as chapter 472 of the laws of 2015, takes effect.

senate Bill S5551

2015-2016 Legislative Session

Relates to the eligibility of military police for appointment to the state police

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 29, 2016 reported and committed to finance
Jan 06, 2016 referred to veterans, homeland security and military affairs
Jun 01, 2015 reported and committed to finance
May 14, 2015 referred to veterans, homeland security and military affairs

Co-Sponsors

S5551 - Bill Details

See Assembly Version of this Bill:
A8014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §215, Exec L

S5551 - Bill Texts

view summary

Relates to the eligibility of military police for appointment to the state police.

view sponsor memo
BILL NUMBER:S5551

TITLE OF BILL:

An act to amend the executive law, in relation to the eligibility of
military police for appointment to the state police

PURPOSE:

To extend the eligibility of military police for appointment to the New
York State Police.

SUMMARY OF PROVISIONS:

Section 1 amends § 215(3) of the executive law to provide that any
applicant to the New York State Police that is a former military police
officer shall be eligible for appointment so long as his or her age does
not exceed fifty-five years on the date of appointment and provided that
his or her application is filed within eight months of their discharge
from active military duty.

Section 2 provides the effective date.

EXISTING LAW:

Pursuant to § 210 of the Executive Law, the division of the state police
in the executive department is known as the "New York State Police." The
head of the New York State Police shall be the superintendant of state
police, appointed by the governor, with the advice and consent of the
Senate.

Pursuant to § 215(1) of the Executive Law, the New York State Police
shall, in addition to the superintendent, consist of a variety of sworn
members, including headquarters staff, majors, lieutenants, first
sergeants, sergeants, technical sergeants, corporals, and troopers.
Appointment or assignment to such positions shall be made by the super-
intendant under his or her discretion as may be required to carry out
the purposes of the New York State Police. The superintendant maybe also
appoint other additional personnel as may be required for all necessary
police purposes, including policing and protecting the lands and park-
ways of the state.

Pursuant to § 215(3) of the Executive Law, no person shall be appointed
to the New York State Police force as a sworn member unless he or she is
a citizen of the United States and is between the ages of twenty-one and
twenty-nine years of age. At the superintendant's discretion the maximum
age may be extended to thirty-five years. Time spent on military duty,
not exceeding a total of six years, shall be subtracted from the age of
any applicant who has passed his or her twenty-ninth birthday, solely
for the purpose of permitting qualification as to age.

Pursuant to § 215(3-a) of the Executive Law, the superintendent shall
promulgate rules and regulations for the administration of supplemental
competitive examinations, to be given at not less than six month inter-
vals for two years following the application deadline date of the regu-
lar competitive examination for the position of trooper, for individuals
who, on the application deadline date or on the date of the regular
competitive examination, are in the active military service and are
otherwise qualified to sit for such exam.

JUSTIFICATION:

New York is one of the only states to impose an age limit on its hiring
of law enforcement officers. Limiting law enforcement hires based on
age, however, has not been shown to increase the effectiveness and effi-
cacy of the force. As a result the current law excludes qualified candi-
dates based on an arbitrary factor.

A 1993 Pennsylvania State University student entitled, Alternatives to
Chronological Age in Determining Standards of Suitability for Public
Safety Jobs, found no correlation between age and physical ability.
Instead, researchers discovered that lifestyle variables, such as exer-
cise and diet, are much more relevant for determining a law enforcement
officer's ability to perform his or her work proficiently.

This is especially true of active duty military police officers, who are
among the most highly trained and physically competent officers in the
armed services. Military Police are the most demanded enabler for major
combat operations, stability operations, expeditionary operations, civil
assistance, and homeland consequence management. As such, age alone
should not proscribe a military police officer's eligibility for appli-
cation and appointment to the State Police. To remedy this dispropor-
tionality, this bill provides that any applicant to the New York State
Police that is a former military police officer shall be eligible for
appointment so long as his or her age does not exceed fifty-five years
on the date of appointment and provided that his or her application is
filed within eight months of their discharge from active military duty.

Ensuring that the best, brightest, and most thoroughly trained individ-
uals comprise the New York State Police is an important objective of the
legislature. Extending eligibility for state police appointment to high-
ly qualified and prepared military police officers, who have only
recently ended their active duty commissions, would help ensure that
goal. For all of these reasons, it is imperative that this bill is
enacted.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5551

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation  to  the  eligibility  of
  military police for appointment to the state police

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

  Section 1. Subdivision 3 of section  215  of  the  executive  law,  as
amended  by  chapter  478  of  the  laws  of 2004, is amended to read as
follows:
  3. The sworn members of the New York state police shall  be  appointed
by  the  superintendent  and  permanent appointees may be removed by the
superintendent only after a hearing. No person shall be appointed to the
New York state police force as a sworn member unless he or she shall  be
a citizen of the United States, between the ages of twenty-one and twen-
ty-nine  years except that in the superintendent's discretion, the maxi-
mum age may be extended to thirty-five years. ANY APPLICANT  THAT  IS  A
FORMER MILITARY POLICE OFFICER SHALL BE ELIGIBLE FOR APPOINTMENT SO LONG
AS  HIS  OR  HER  AGE  DOES  NOT  EXCEED FIFTY-FIVE YEARS ON THE DATE OF
APPOINTMENT AND PROVIDED THAT HIS OR HER  APPLICATION  IS  FILED  WITHIN
EIGHT MONTHS OF THEIR DISCHARGE FROM ACTIVE MILITARY DUTY. Notwithstand-
ing  any  other  provision  of  law or any general or special law to the
contrary the time spent on military duty, not exceeding a total  of  six
years,  shall be subtracted from the age of any applicant who has passed
his or her twenty-ninth birthday, solely for the purpose  of  permitting
qualification as to age and for no other purpose. Such limitations as to
age  however  shall  not  apply to persons appointed to the positions of
counsel, first assistant counsel, assistant counsel, and assistant depu-
ty superintendent for employee relations nor to any person appointed  to
the  bureau  of  criminal  investigation pursuant to section two hundred
sixteen of this article nor shall any person be appointed unless  he  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10498-02-5

S. 5551                             2

she  has  fitness and good moral character and shall have passed a phys-
ical and mental examination based upon standards provided by  the  rules
and  regulations of the superintendent. Appointments shall be made for a
probationary  period which, in the case of appointees required to attend
and complete a basic training program at the state police academy, shall
include such time spent attending the basic  school  and  terminate  one
year  after successful completion thereof. All other sworn members shall
be subject to a probationary  period  of  one  year  from  the  date  of
appointment. Following satisfactory completion of the probationary peri-
od  the  member shall be a permanent appointee. Voluntary resignation or
withdrawal from the New York state police during such appointment  shall
be  submitted to the superintendent for approval.  Reasonable time shall
be required to account for all equipment issued or for  debts  or  obli-
gations to the state to be satisfied. Resignation or withdrawal from the
division  during a time of emergency, so declared by the governor, shall
not be approved if contrary to the best interest of the state and  shall
be a misdemeanor. No sworn member removed from the New York state police
shall be eligible for reappointment. The superintendent shall make rules
and  regulations  subject to approval by the governor for the discipline
and control of the New York state police and  for  the  examination  and
qualifications of applicants for appointment as members thereto and such
examinations  shall  be held and conducted by the superintendent subject
to such rules and  regulations.  The  superintendent  is  authorized  to
charge  a  fee  of  twenty  dollars as an application fee for any person
applying to take a competitive examination for the position of  trooper,
and a fee of five dollars for any competitive examination for a civilian
position. The superintendent shall promulgate regulations subject to the
approval  of  the director of the budget, to provide for a waiver of the
application fee when the fee would cause an unreasonable hardship on the
applicant and to establish a fee schedule and charge fees for the use of
state police facilities.
  S 2. This act shall take effect immediately.

senate Bill S1598

2015-2016 Legislative Session

Relates to interim probation supervision

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jan 13, 2015 referred to codes

S1598 - Bill Details

See Assembly Version of this Bill:
A8026
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.30, CP L
Versions Introduced in 2013-2014 Legislative Session:
S4794

S1598 - Bill Texts

view summary

Permits adjournment of sentencing for a period of one year from the date a defendant is placed on interim probation supervision.

view sponsor memo
BILL NUMBER:S1598

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to interim probation supervision

PURPOSE:

To have the time period that a court is limited to adjourn sentencing
and place a defendant on interim probation supervision be one year
from the date the defendant is actually placed on interim probation
supervision instead of the date the conviction is entered.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1:Amends paragraph (a) of subdivision 6 of section 390.30 of
the Criminal Procedure Law to provide that when a court adjourns
sentencing and places a defendant on interim probation supervision,
the time that the court is limited to adjourn sentencing is one year
from the date the defendant is actually placed on interim probation
supervision, not the date the conviction is entered.

Section 2:Effective date.

JUSTIFICATION:

Often when a defendant is to be placed on interim probation
supervision, this does not take place on the same day their conviction
is entered. In local justice courts these dates may be weeks or even
months apart due to weather related or other rescheduling. This time
difference significantly affects the ability of the courts to
effectively utilize the interim probation supervision process. To
adjust for this issue, this legislation changes the one year time
limit for interim probation supervision to run from the date the
defendant is actually placed on interim probation supervision instead
of the date the conviction is entered.

LEGISLATIVE HISTORY:

S.4794 of 2013: Died in Senate Codes Committee.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  1598

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal  procedure  law,  in  relation  to  interim
  probation supervision

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

  Section 1. Paragraph (a) of subdivision 6 of  section  390.30  of  the
criminal procedure law, as separately amended by section 1 of part O and
section  5  of part AAA of chapter 56 of the laws of 2009, is amended to
read as follows:
  (a) In any case where the court determines that a defendant is  eligi-
ble  for a sentence of probation, the court, after consultation with the
prosecutor and upon the  consent  of  the  defendant,  may  adjourn  the
sentencing to a specified date and order that the defendant be placed on
interim  probation  supervision.  In  no  event  may  the  sentencing be
adjourned for a period exceeding one year from the date the  [conviction
is entered] DEFENDANT IS PLACED ON INTERIM PROBATION SUPERVISION, except
that upon good cause shown, the court may, upon the defendant's consent,
extend  the  period  for  an additional one year where the defendant has
agreed to and is still participating  in  a  substance  abuse  treatment
program  in connection with a court designated a drug court by the chief
administrator of the courts. When ordering that the defendant be  placed
on  interim  probation  supervision,  the  court shall impose all of the
conditions relating to supervision specified  in  subdivision  three  of
section  65.10  of  the penal law and the court may impose any or all of
the conditions relating  to  conduct  and  rehabilitation  specified  in
subdivisions  two,  four,  five and five-a of section 65.10 of such law.
The defendant must receive a written copy of any such conditions at  the
time  he  or she is placed on interim probation supervision. The defend-
ant's record of compliance with such conditions, as well  as  any  other
relevant  information,  shall  be included in the presentence report, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03101-01-5

S. 1598                             2

updated presentence report, prepared pursuant to this section,  and  the
court  must  consider  such  record  and  information  when  pronouncing
sentence. If a defendant satisfactorily  completes  a  term  of  interim
probation  supervision,  he  or  she  shall  receive credit for the time
served under the period of  interim  probation  supervision  toward  any
probation sentence that is subsequently imposed in that case.
  S 2. This act shall take effect immediately.

senate Bill S3293B

2015-2016 Legislative Session

Relates to town elections and permissive referendums

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2016 print number 3293c
amend and recommit to local government
Jan 06, 2016 referred to local government
Jun 03, 2015 print number 3293b
amend and recommit to local government
May 28, 2015 print number 3293a
amend and recommit to local government
Feb 04, 2015 referred to local government

Bill Amendments

S3293
S3293A
S3293B
S3293C
S3293
S3293A
S3293B
S3293C

S3293 - Bill Details

See Assembly Version of this Bill:
A4200B
Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Amd §§81, 91 & 85, Town L
Versions Introduced in 2015-2016 Legislative Session:
A4200

S3293 - Bill Texts

view summary

Relates to town elections and permissive referendums.

view sponsor memo
BILL NUMBER:S3293

TITLE OF BILL: An act to amend the town law, in relation to town
elections and permissive referendums

PURPOSE: This bill will require town special elections initiated by a
petition to be held at the next general election and allow town
special elections by town board motions to be held on either a
general, special or biennial election.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 81 of the town law as it
relates to providing for the timing of town special elections.

Section two of the bill amends section 91 of the town law as it
relates to requiring permissive referendums to be held at the next
general election.

Section three of the bill amends section 85 of the town law as it
provides that propositions abolishing a ward system shall be held at
the next general election.

JUSTIFICATION: This bill will require that all ballot referendums
initiated by citizen petition are held at the next general election.
These citizen initiated measures are often contentious and opposed by
the current town government. By moving the referendum to November, the
election will be conducted by the county Board of Elections instead of
the town, saving taxpayer dollars, eliminating the appearance of
impropriety and utilizing regular election procedures. It will also
increase citizen participation by holding it on a day when other
elections are occurring.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3293

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to town elections and  permis-
  sive referendums

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

  Section 1. The opening paragraph and subdivision 4 of  section  81  of
the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
1984, is amended to read as follows:
  The town board may,  upon its own motion, CAUSE TO BE SUBMITTED  AT  A
GENERAL  ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall upon
a petition, as hereinafter provided, cause to be submitted at [a special
or biennial town] THE NEXT GENERAL election, a proposition:
  4. Such petition shall be subscribed and authenticated, in the  manner
provided  by  the  election  law  for  the  authentication of nominating
petitions, by electors of the town qualified to vote upon a  proposition
to  raise  and expend money, in number equal to at least five per centum
of the total votes cast for governor in said town at  the  last  general
election  held for the election of state officers, but such number shall
not be less than one hundred in a town of the first class nor less  than
twenty-five  in  a town of the second class. If such a petition be filed
in the office of the town clerk [not less than  sixty  days,  nor]  more
than seventy-five days, prior to [a biennial town] THE GENERAL election,
the  proposition shall be submitted at such [biennial] GENERAL election.
If a petition [be presented at any other time, a special election  shall
be  called  to  be held not less than sixty days, nor more than seventy-
five days after the filing of such petition] IS FILED IN THE  OFFICE  OF
THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION
THEN  IT  SHALL  BE  SUBMITTED  AT THE GENERAL ELECTION IN THE FOLLOWING
YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-01-5

S. 3293                             2

  S 2. Section 91 of the town law, as amended by chapter 37 of the  laws
of 2000, is amended to read as follows:
  S  91.  Referendum on petition. Any such resolution or act of the town
board as set forth in the preceding section shall not take effect  until
thirty  days  after  its adoption; nor until approved by the affirmative
vote of a majority of the qualified electors of such  town  or  district
affected,  voting  on  such proposition, if within thirty days after its
adoption there be filed with the  town  clerk  a  petition  signed,  and
acknowledged  or proved, or authenticated by electors of the town quali-
fied to vote upon a proposition to raise and  expend  money,  in  number
equal to at least five per centum of the total vote cast for governor in
said  town  at  the last general election held for the election of state
officers, but which shall not be less than one hundred in a town of  the
first  class  nor  less  than twenty-five in a town of the second class,
protesting against such act or resolution  and  requesting  that  it  be
submitted  to  the  qualified electors of the town or district affected,
for their approval or disapproval. If such petition be  so  filed  [not]
more than seventy-five days [nor less than sixty days] prior to [a bien-
nial  town] THE GENERAL election, a proposition for the approval of such
act or resolution shall be submitted at  such  [biennial  town]  GENERAL
election. If a petition be so filed [at any other time] LESS THAN SEVEN-
TY-FIVE  DAYS  PRIOR  TO  THE  GENERAL  ELECTION,  a proposition for the
approval of such act or resolution shall be submitted at [a special town
election to be held not less than sixty nor more than seventy-five  days
after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
YEAR.  The  petition may be made upon separate sheets and the signatures
to each sheet shall be authenticated  in  the  manner  provided  by  the
election law for the authentication of nominating petitions. The several
sheets  so  signed  and authenticated when fastened together and offered
for filing shall be deemed to constitute one petition. If,  within  five
days  after  the filing of such petition, a written objection thereto be
filed with the town clerk, and a verified  petition  setting  forth  the
objections  be  presented by the person so filing such objections to the
supreme court or any justice thereof of the judicial district  in  which
such  town  is  located,  such court or justice within twenty days shall
determine any question arising thereunder and make such order as justice
may require. Such proceeding shall be heard and determined in the manner
prescribed by section 16-116 of the election law.
  S 3. Subdivision 2 of section 85 of the town law is amended to read as
follows:
  2. The ward system may be abolished upon the adoption of a proposition
therefor at [any special or biennial town] THE NEXT GENERAL election. At
the first biennial town election held at least one hundred  twenty  days
after  the  adoption  of  a  proposition  to abolish the ward system for
election of councilmen, the electors of the town shall elect one-half of
the total number of town councilmen for the term of two years  each  and
one-half  of  the  total  number of town councilmen for the term of four
years each. At each biennial town election held thereafter  there  shall
be  elected one-half of the total number of town councilmen for the term
of four years each. The terms of all such councilmen shall begin on  the
first day of January next succeeding the date of their election.
  S 4. This act shall take effect immediately.

S3293A - Bill Details

See Assembly Version of this Bill:
A4200B
Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Amd §§81, 91 & 85, Town L
Versions Introduced in 2015-2016 Legislative Session:
A4200

S3293A - Bill Texts

view summary

Relates to town elections and permissive referendums.

view sponsor memo
BILL NUMBER:S3293A

TITLE OF BILL:

An act to amend the town law, in relation to town elections and
permissive referendums

PURPOSE OF THE BILL:

This bill will require town special elections initiated by a petition
to be held at the next general election unless specified and allow
town special elections by town board motions to be held on either a
general, special or biennial election.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 81 of the town law as it
relates to providing for the timing of town special elections.

Section two of the bill amends section 91 of the town law as it
relates to requiring permissive referendums to be held at the next
general election unless specified.

Section three of the bill amends section 85 of the town law as it
provides that propositions abolishing a ward system shall be held at
the next general election.

JUSTIFICATION:

This bill will require that all ballot referendums initiated by
citizen petition are held at the next general election unless the
petition state that it be held at a special election. These citizen
initiated measures are often contentious and opposed by the current
town government. By moving the referendum to November, the election
will be conducted by the county Board of Elections instead of the
town, saving taxpayer dollars, eliminating the appearance of
impropriety and utilizing regular election procedures. It will also
increase citizen participation by holding it on a day when other
elections are occurring.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS FOR STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3293--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the town law, in relation to town elections and  permis-
  sive referendums

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

  Section 1. The opening paragraph and subdivision 4 of  section  81  of
the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
1984, is amended to read as follows:
  The town board may,  upon its own motion, CAUSE TO BE SUBMITTED  AT  A
GENERAL  ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall upon
a petition, as hereinafter provided, cause to be submitted at [a special
or biennial town] THE NEXT GENERAL election, UNLESS SUCH PETITION STATES
THAT A SPECIAL ELECTION BE HELD a proposition:
  4. Such petition shall be subscribed and authenticated, in the  manner
provided  by  the  election  law  for  the  authentication of nominating
petitions, by electors of the town qualified to vote upon a  proposition
to  raise  and expend money, in number equal to at least five per centum
of the total votes cast for governor in said town at  the  last  general
election  held for the election of state officers, but such number shall
not be less than one hundred in a town of the first class nor less  than
twenty-five  in  a town of the second class. If such a petition be filed
in the office of the town clerk [not less than  sixty  days,  nor]  more
than seventy-five days, prior to [a biennial town] THE GENERAL election,
the  proposition shall be submitted at such [biennial] GENERAL election.
If a petition [be presented at any other time, a special election  shall
be  called  to  be held not less than sixty days, nor more than seventy-
five days after the filing of such petition] IS FILED IN THE  OFFICE  OF
THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-03-5

S. 3293--A                          2

THEN  IT  SHALL  BE  SUBMITTED  AT THE GENERAL ELECTION IN THE FOLLOWING
YEAR. IF A PETITION STATES THAT A  SPECIAL  ELECTION  BE  HELD  ON  SUCH
PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
LESS  THAN  SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER THE FILING
OF SUCH PETITION.
  S 2. Section 91 of the town law, as amended by chapter 37 of the  laws
of 2000, is amended to read as follows:
  S  91.  Referendum on petition. Any such resolution or act of the town
board as set forth in the preceding section shall not take effect  until
thirty  days  after  its adoption; nor until approved by the affirmative
vote of a majority of the qualified electors of such  town  or  district
affected,  voting  on  such proposition, if within thirty days after its
adoption there be filed with the  town  clerk  a  petition  signed,  and
acknowledged  or proved, or authenticated by electors of the town quali-
fied to vote upon a proposition to raise and  expend  money,  in  number
equal to at least five per centum of the total vote cast for governor in
said  town  at  the last general election held for the election of state
officers, but which shall not be less than one hundred in a town of  the
first  class  nor  less  than twenty-five in a town of the second class,
protesting against such act or resolution  and  requesting  that  it  be
submitted  to  the  qualified electors of the town or district affected,
for their approval or disapproval. If such petition be  so  filed  [not]
more than seventy-five days [nor less than sixty days] prior to [a bien-
nial  town] THE GENERAL election, a proposition for the approval of such
act or resolution shall be submitted at  such  [biennial  town]  GENERAL
election. If a petition be so filed [at any other time] LESS THAN SEVEN-
TY-FIVE  DAYS  PRIOR  TO  THE  GENERAL  ELECTION,  a proposition for the
approval of such act or resolution shall be submitted at [a special town
election to be held not less than sixty nor more than seventy-five  days
after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
YEAR.  IF  A  PETITION  STATES  THAT  A SPECIAL ELECTION BE HELD ON SUCH
PROPOSITION THEN IT SHALL BE SUBMITTED AT A SPECIAL  ELECTION  HELD  NOT
LESS  THAN  SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER THE FILING
OF SUCH PETITION.  The petition may be made upon separate sheets and the
signatures to each sheet shall be authenticated in the  manner  provided
by  the election law for the authentication of nominating petitions. The
several sheets so signed and authenticated when  fastened  together  and
offered for filing shall be deemed to constitute one petition. If, with-
in  five  days  after  the  filing of such petition, a written objection
thereto be filed with the town clerk, and a  verified  petition  setting
forth  the  objections  be  presented  by  the  person  so  filing  such
objections to the supreme court or any justice thereof of  the  judicial
district  in  which  such  town is located, such court or justice within
twenty days shall determine any question  arising  thereunder  and  make
such  order  as  justice may require. Such proceeding shall be heard and
determined in the manner prescribed by section 16-116  of  the  election
law.
  S 3. Subdivision 2 of section 85 of the town law is amended to read as
follows:
  2. The ward system may be abolished upon the adoption of a proposition
therefor at [any special or biennial town] THE NEXT GENERAL election. At
the  first  biennial town election held at least one hundred twenty days
after the adoption of a proposition  to  abolish  the  ward  system  for
election of councilmen, the electors of the town shall elect one-half of
the  total  number of town councilmen for the term of two years each and
one-half of the total number of town councilmen for  the  term  of  four

S. 3293--A                          3

years  each.  At each biennial town election held thereafter there shall
be elected one-half of the total number of town councilmen for the  term
of  four years each. The terms of all such councilmen shall begin on the
first day of January next succeeding the date of their election.
  S 4. This act shall take effect immediately.

S3293B - Bill Details

See Assembly Version of this Bill:
A4200B
Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Amd §§81, 91 & 85, Town L
Versions Introduced in 2015-2016 Legislative Session:
A4200

S3293B - Bill Texts

view summary

Relates to town elections and permissive referendums.

view sponsor memo
BILL NUMBER:S3293B

TITLE OF BILL: An act to amend the town law, in relation to town
elections and permissive referendums

PURPOSE OF THE BILL: This bill will require town special elections
initiated by a petition to be held at the next general election unless
specified and allow town special elections by town board motions to be
held on either a general, special or biennial election.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 81 of the town law as it
relates to providing for the timing of town special elections.

Section two of the bill amends section 91 of the town law as it
relates to requiring permissive referendums to be held at the next
general election unless specified.

Section three of the bill amends section 85 of the town law as it
provides that propositions abolishing a ward system shall be held at
the next general election.

JUSTIFICATION: This bill will require that all ballot referendums
initiated by citizen petition are held at the next general election
unless the petition state that it be held at a special election. These
citizen initiated measures are often contentious and opposed by the
current town government. By moving the referendum to November, the
election will be conducted by the county Board of Elections instead of
the town, saving taxpayer dollars, eliminating the appearance of
impropriety and utilizing regular election procedures. It will also
increase citizen participation by holding it on a day when other
elections are occurring.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS FOR STATE: None.

EFFECTIVE DATE: This act shall take effect on the first day of January
next succeeding the date upon which it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3293--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the town law, in relation to town elections and permis-
  sive referendums

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

  Section  1.  The  opening paragraph and subdivision 4 of section 81 of
the town law, subdivision 4 as amended by chapter 434  of  the  laws  of
1984, is amended to read as follows:
  The  town  board may,  upon its own motion, CAUSE TO BE SUBMITTED AT A
GENERAL ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall  upon
a petition, as hereinafter provided, cause to be submitted at [a special
or biennial town] THE NEXT GENERAL election, UNLESS SUCH PETITION STATES
THAT A SPECIAL ELECTION BE HELD a proposition:
  4.  Such petition shall be subscribed and authenticated, in the manner
provided by the  election  law  for  the  authentication  of  nominating
petitions,  by electors of the town qualified to vote upon a proposition
to raise and expend money, in number equal to at least five  per  centum
of  the  total  votes cast for governor in said town at the last general
election held for the election of state officers, but such number  shall
not  be less than one hundred in a town of the first class nor less than
twenty-five in a town of the second class. If such a petition  be  filed
in  the  office  of  the town clerk [not less than sixty days, nor] more
than seventy-five days, prior to [a biennial town] THE GENERAL election,
the proposition shall be submitted at such [biennial] GENERAL  election.
If  a petition [be presented at any other time, a special election shall
be called to be held not less than sixty days, nor  more  than  seventy-
five  days  after the filing of such petition] IS FILED IN THE OFFICE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-05-5

S. 3293--B                          2

THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION
THEN IT SHALL BE SUBMITTED AT THE  GENERAL  ELECTION  IN  THE  FOLLOWING
YEAR.  IF  A  PETITION  STATES  THAT  A SPECIAL ELECTION BE HELD ON SUCH
PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
LESS THAN SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER  THE  FILING
OF SUCH PETITION.
  S  2. Section 91 of the town law, as amended by chapter 37 of the laws
of 2000, is amended to read as follows:
  S 91. Referendum on petition. Any such resolution or act of  the  town
board  as set forth in the preceding section shall not take effect until
thirty days after its adoption; nor until approved  by  the  affirmative
vote  of  a  majority of the qualified electors of such town or district
affected, voting on such proposition, if within thirty  days  after  its
adoption  there  be  filed  with  the  town clerk a petition signed, and
acknowledged or proved, or authenticated by electors of the town  quali-
fied  to  vote  upon  a proposition to raise and expend money, in number
equal to at least five per centum of the total vote cast for governor in
said town at the last general election held for the  election  of  state
officers,  but which shall not be less than one hundred in a town of the
first class nor less than twenty-five in a town  of  the  second  class,
protesting  against  such  act  or  resolution and requesting that it be
submitted to the qualified electors of the town  or  district  affected,
for  their  approval  or disapproval. If such petition be so filed [not]
more than seventy-five days [nor less than sixty days] prior to [a bien-
nial town] THE GENERAL election, a proposition for the approval of  such
act  or  resolution  shall  be submitted at such [biennial town] GENERAL
election. If a petition be so filed [at any other time] LESS THAN SEVEN-
TY-FIVE DAYS PRIOR TO  THE  GENERAL  ELECTION,  a  proposition  for  the
approval of such act or resolution shall be submitted at [a special town
election  to be held not less than sixty nor more than seventy-five days
after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
YEAR. IF A PETITION STATES THAT A  SPECIAL  ELECTION  BE  HELD  ON  SUCH
PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
LESS THAN SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER  THE  FILING
OF SUCH PETITION.  The petition may be made upon separate sheets and the
signatures  to  each sheet shall be authenticated in the manner provided
by the election law for the authentication of nominating petitions.  The
several  sheets  so  signed and authenticated when fastened together and
offered for filing shall be deemed to constitute one petition. If, with-
in five days after the filing of  such  petition,  a  written  objection
thereto  be  filed  with the town clerk, and a verified petition setting
forth  the  objections  be  presented  by  the  person  so  filing  such
objections  to  the supreme court or any justice thereof of the judicial
district in which such town is located, such  court  or  justice  within
twenty  days  shall  determine  any question arising thereunder and make
such order as justice may require. Such proceeding shall  be  heard  and
determined  in  the  manner prescribed by section 16-116 of the election
law.
  S 3. Subdivision 2 of section 85 of the town law is amended to read as
follows:
  2. The ward system may be abolished upon the adoption of a proposition
therefor at [any special or biennial town] THE NEXT GENERAL election. At
the first biennial town election held at least one hundred  twenty  days
after  the  adoption  of  a  proposition  to abolish the ward system for
election of councilmen, the electors of the town shall elect one-half of
the total number of town councilmen for the term of two years  each  and

S. 3293--B                          3

one-half  of  the  total  number of town councilmen for the term of four
years each. At each biennial town election held thereafter  there  shall
be  elected one-half of the total number of town councilmen for the term
of  four years each. The terms of all such councilmen shall begin on the
first day of January next succeeding the date of their election.
  S 4. This act shall take effect on  the  first  day  of  January  next
succeeding the date upon which it shall have become a law.

S3293C - Bill Details

See Assembly Version of this Bill:
A4200B
Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Amd §§81, 91 & 85, Town L
Versions Introduced in 2015-2016 Legislative Session:
A4200

S3293C - Bill Texts

view summary

Relates to town elections and permissive referendums.

view sponsor memo
BILL NUMBER: S3293C

TITLE OF BILL : An act to amend the town law, in relation to town
elections and permissive referendums

PURPOSE OF THE BILL :

This bill will require town special elections initiated by a petition
to be held at the next general election unless specified and allow
town special elections by town board motions to be held on either a
general, special or biennial election.

SUMMARY OF PROVISIONS :

Section one of the bill amends subdivision 4 of section 81 of the town
law as subdivision 4 is amended by chapter 434 of the laws of 1984 as
it relates to providing for the timing of town special elections.

Section two of the bill amends section 91 of the town law as amended
by chapter 37 of the laws of 200 as it relates to requiring permissive
referendums to be held at the next general election unless specified.

Section three of the bill amends subdivision 2 of section 85 of the
town law as it provides that propositions abolishing a ward system
shall be held at the next general election.

Section four of the bill is the effective date.

JUSTIFICATION :

This bill will require that all ballot referendums initiated by
citizen petition are held at the next general election unless the
petition state that it be held at a special election. These citizen
initiated measures are often contentious and opposed by the current
town government. By moving the referendum to November, the election
will be conducted by the county Board of Elections instead of the
town, saving taxpayer dollars, eliminating the appearance of
impropriety and utilizing regular election procedures. It will also
increase citizen participation by holding it on a day when other
elections are occurring.

PRIOR LEGISLATIVE HISTORY :

New Bill.

FISCAL IMPLICATIONS FOR STATE :

None.

EFFECTIVE DATE :
This act shall take effect on the first day of January next succeeding
the date upon which it shall have become law.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3293--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Local Government  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 town law, in relation to town elections and  permis-
  sive referendums

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

  Section 1. The opening paragraph and subdivision 4 of  section  81  of
the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
1984, is amended to read as follows:
  The town board may,  upon its own motion, CAUSE TO BE SUBMITTED  AT  A
GENERAL  ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall upon
a petition, as hereinafter provided, cause to be submitted at [a special
or biennial town] THE NEXT GENERAL election, UNLESS SUCH PETITION STATES
THAT A SPECIAL ELECTION BE HELD a proposition:
  4. Such petition shall be subscribed and authenticated, in the  manner
provided  by  the  election  law  for  the  authentication of nominating
petitions, by electors of the town qualified to vote upon a  proposition
to  raise  and expend money, in number equal to at least five per centum
of the total votes cast for governor in said town at  the  last  general
election  held for the election of state officers, but such number shall
not be less than one hundred in a town of the first class nor less  than
twenty-five  in  a town of the second class. If such a petition be filed
in the office of the town clerk [not less than  sixty  days,  nor]  more
than seventy-five days, prior to [a biennial town] THE GENERAL election,
the  proposition shall be submitted at such [biennial] GENERAL election.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03432-07-6

S. 3293--C                          2

If a petition [be presented at any other time, a special election  shall
be  called  to  be held not less than sixty days, nor more than seventy-
five days after the filing of such petition] IS FILED IN THE  OFFICE  OF
THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION
THEN  IT  SHALL  BE  SUBMITTED  AT THE GENERAL ELECTION IN THE FOLLOWING
YEAR. IF A PETITION STATES THAT A  SPECIAL  ELECTION  BE  HELD  ON  SUCH
PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
LESS THAN SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER  THE  FILING
OF SUCH PETITION. THE BOARD OF ELECTIONS OF A COUNTY MAY APPORTION COSTS
UNDER  THIS  SECTION, AS PROVIDED BY SUBDIVISION TWO OF SECTION 4-136 OF
THE ELECTION LAW.
  S 2. Section 91 of the town law, as amended by chapter 37 of the  laws
of 2000, is amended to read as follows:
  S  91.  Referendum on petition. Any such resolution or act of the town
board as set forth in the preceding section shall not take effect  until
thirty  days  after  its adoption; nor until approved by the affirmative
vote of a majority of the qualified electors of such  town  or  district
affected,  voting  on  such proposition, if within thirty days after its
adoption there be filed with the  town  clerk  a  petition  signed,  and
acknowledged  or proved, or authenticated by electors of the town quali-
fied to vote upon a proposition to raise and  expend  money,  in  number
equal to at least five per centum of the total vote cast for governor in
said  town  at  the last general election held for the election of state
officers, but which shall not be less than one hundred in a town of  the
first  class  nor  less  than twenty-five in a town of the second class,
protesting against such act or resolution  and  requesting  that  it  be
submitted  to  the  qualified electors of the town or district affected,
for their approval or disapproval. If such petition be  so  filed  [not]
more than seventy-five days [nor less than sixty days] prior to [a bien-
nial  town] THE GENERAL election, a proposition for the approval of such
act or resolution shall be submitted at  such  [biennial  town]  GENERAL
election. If a petition be so filed [at any other time] LESS THAN SEVEN-
TY-FIVE  DAYS  PRIOR  TO  THE  GENERAL  ELECTION,  a proposition for the
approval of such act or resolution shall be submitted at [a special town
election to be held not less than sixty nor more than seventy-five  days
after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
YEAR.  IF  A  PETITION  STATES  THAT  A SPECIAL ELECTION BE HELD ON SUCH
PROPOSITION THEN IT SHALL BE SUBMITTED AT A SPECIAL  ELECTION  HELD  NOT
LESS  THAN  SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER THE FILING
OF SUCH PETITION.  The petition may be made upon separate sheets and the
signatures to each sheet shall be authenticated in the  manner  provided
by  the election law for the authentication of nominating petitions. The
several sheets so signed and authenticated when  fastened  together  and
offered for filing shall be deemed to constitute one petition. If, with-
in  five  days  after  the  filing of such petition, a written objection
thereto be filed with the town clerk, and a  verified  petition  setting
forth  the  objections  be  presented  by  the  person  so  filing  such
objections to the supreme court or any justice thereof of  the  judicial
district  in  which  such  town is located, such court or justice within
twenty days shall determine any question  arising  thereunder  and  make
such  order  as  justice may require. Such proceeding shall be heard and
determined in the manner prescribed by section 16-116  of  the  election
law.
  S 3. Subdivision 2 of section 85 of the town law is amended to read as
follows:

S. 3293--C                          3

  2. The ward system may be abolished upon the adoption of a proposition
therefor at [any special or biennial town] THE NEXT GENERAL election. At
the  first  biennial town election held at least one hundred twenty days
after the adoption of a proposition  to  abolish  the  ward  system  for
election of councilmen, the electors of the town shall elect one-half of
the  total  number of town councilmen for the term of two years each and
one-half of the total number of town councilmen for  the  term  of  four
years  each.  At each biennial town election held thereafter there shall
be elected one-half of the total number of town councilmen for the  term
of  four years each. The terms of all such councilmen shall begin on the
first day of January next succeeding the date of their election.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date upon which it shall have become a law.

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