NY State Senate Bill 2023-S9174

Senate Bill S9174

2023-2024 Legislative Session

Requires that vehicle manufacturers and/or dealers terminate an individual's access to remote vehicle technology upon request by domestic violence victims

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2024	referred to consumer protection

2023-S9174 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-ccccc, Gen Bus L

2023-S9174 (ACTIVE) - Summary

Requires that vehicle manufacturers and/or dealers terminate an individual's access to remote vehicle technology upon request by domestic violence victims who provide an order of protection and proof of ownership of a vehicle.

2023-S9174 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9174

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general business law, in relation to remote vehicle
technology and domestic violence victims

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will protect survivors of domestic violence from poten-
tial stalking, harassment and violence by allowing them to terminate an
abusers access to their vehicle's tracking and remote technology.

 
SUMMARY OF PROVISIONS:

Section one adds section 399-ccccc to the general business law.

Section two establishes the effective date.

 
JUSTIFICATION:

After leaving a domestic violence situation, many survivors continue to
experience stalking, harassment, and threats of violence. As technology
has evolved, those tools have provided abusers new and startling ways to
monitor and harass survivors.

With the development of remote vehicle technology, cars can be started
and tracked and temperature settings can be adjusted from a cell phone
or computer. Survivors must now contend with a new form of harassment
and stalking. A New York Times piece from December 2023 included inter-
views with multiple survivors who experienced this, including a survivor
whose abuser stalked her using her cars GPS technology and a survivor
whose abuser harassed her by using her car's remote start technology.

Law enforcement has faced obstacles in protecting survivors from such
intrusions as access to this technology is often controlled by car
manufacturers. This legislation would require car manufacturers or deal-
ers to remove an abuser's access to remote vehicle technology when a
survivor with an order of protection makes the request and has proof of
ownership, at no cost to the survivor. This legislation also requires
that this information be accessible through the car manufacturer or
dealer's website.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9174 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9174
 
                             I N  S E N A T E
 
                                May 2, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT to amend the general business law, in relation to remote vehicle
   technology and domestic violence victims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 399-ccccc to read as follows:
   §  399-CCCCC. REMOTE VEHICLE TECHNOLOGY; DOMESTIC VIOLENCE VICTIMS. 1.
 FOR THE PURPOSES OF THIS SECTION, THE TERM "REMOTE  VEHICLE  TECHNOLOGY"
 SHALL MEAN ANY TECHNOLOGY THAT ALLOWS A PERSON WHO IS OUTSIDE OF A VEHI-
 CLE  TO TRACK THE LOCATION OF, OR CONTROL ANY OPERATION OF, THE VEHICLE,
 AND INCLUDES, BUT IS NOT LIMITED TO, A GLOBAL POSITIONING  SYSTEM  (GPS)
 THAT  TRACKS THE LOCATION OF THE VEHICLE OR AN APP-BASED TECHNOLOGY THAT
 CONTROLS ANY OPERATION OF THE VEHICLE.
   2. A VEHICLE MANUFACTURER AND/OR DEALER LOCATED IN THIS  STATE  SHALL,
 WITHIN TWO BUSINESS DAYS AFTER RECEIVING A REQUEST BY A DRIVER WHO MEETS
 THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF THIS SECTION, TERMINATE AN
 INDIVIDUAL'S ACCESS TO REMOTE VEHICLE TECHNOLOGY.
   3. (A) A REQUEST BY A DRIVER THAT A VEHICLE MANUFACTURER AND/OR DEALER
 TERMINATE AN INDIVIDUAL'S ACCESS  TO  REMOTE  VEHICLE  TECHNOLOGY  SHALL
 INCLUDE THE FOLLOWING INFORMATION:
   (I)  PROOF OF SUCH DRIVER'S LEGAL POSSESSION OF A VEHICLE MANUFACTURED
 BY SUCH VEHICLE MANUFACTURER OR SOLD BY SUCH DEALER. SUCH PROOF  MAY  BE
 ESTABLISHED  BY  PROVIDING  A VEHICLE TITLE, A COURT ORDER AWARDING SOLE
 POSSESSION OR OWNERSHIP OF A VEHICLE TO SUCH DRIVER, OR SUCH OTHER PROOF
 AS DETERMINED BY THE COMMISSIONER; AND
   (II) A CURRENT ORDER OF PROTECTION ESTABLISHING THAT SUCH DRIVER IS  A
 VICTIM  OF  DOMESTIC  VIOLENCE AND NAMING THE INDIVIDUAL WHOSE ACCESS IS
 SOUGHT TO BE TERMINATED.
   (B) A VEHICLE MANUFACTURER AND/OR DEALER SHALL NOT REQUIRE A DRIVER TO
 PROVIDE ANY INFORMATION OTHER THAN WHAT IS REQUIRED BY PARAGRAPH (A)  OF
 THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14755-02-4

 S. 9174                             2
 
   4.  A VEHICLE MANUFACTURER AND/OR DEALER SHALL NOTIFY A DRIVER SEEKING
 RELIEF UNDER SUBDIVISION TWO OF THIS SECTION, IN  CLEAR  AND  ACCESSIBLE
 LANGUAGE,  THAT  SUCH VEHICLE MANUFACTURER AND/OR DEALER MAY CONTACT THE
 DRIVER, OR THE DESIGNATED REPRESENTATIVE OF THE DRIVER,  TO  CONFIRM  AN
 INDIVIDUAL'S  ACCESS  TO  THE  REMOTE VEHICLE TECHNOLOGY HAS BEEN TERMI-
 NATED.
   5. A VEHICLE MANUFACTURER AND/OR DEALER SHALL PROVIDE  A  NOTIFICATION
 INSIDE  OF  A  VEHICLE  THAT IS INSTALLED WITH REMOTE VEHICLE TECHNOLOGY
 THAT SHOWS IF THE REMOTE VEHICLE TECHNOLOGY IS BEING USED.
   6. A VEHICLE MANUFACTURER AND/OR DEALER SHALL PROVIDE  INFORMATION  ON
 ITS  INTERNET  WEBSITE  AND  VEHICLE INTERNET APPLICATIONS, IN CLEAR AND
 ACCESSIBLE LANGUAGE, ON THE PROCESS OF TERMINATING A PERSON'S ACCESS  TO
 REMOTE  VEHICLE  TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, THE INFORMA-
 TION REQUIRED PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION  THREE  OF  THIS
 SECTION.
   7.  A  VEHICLE MANUFACTURER AND/OR DEALER SHALL EMPLOY DEDICATED STAFF
 WHO ARE TRAUMA-INFORMED TO RECEIVE AND RESPOND TO REQUESTS MADE PURSUANT
 TO THIS SECTION.
   8. A VEHICLE MANUFACTURER AND/OR DEALER SHALL NOT CHARGE  A  DRIVER  A
 FEE  FOR  COMPLETING  A  REQUEST  TO TERMINATE REMOTE VEHICLE TECHNOLOGY
 PURSUANT TO THIS SECTION.
   § 2. This act shall take effect immediately.

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