Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 18, 2016 |
print number 5269c |
May 18, 2016 |
amend and recommit to judiciary |
Jan 06, 2016 |
referred to judiciary |
Jun 01, 2015 |
print number 5269b |
Jun 01, 2015 |
amend and recommit to judiciary |
May 26, 2015 |
print number 5269a |
May 26, 2015 |
amend (t) and recommit to judiciary |
May 12, 2015 |
referred to judiciary |
Senate Bill S5269C
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
Bill Amendments
2015-S5269 - Details
2015-S5269 - 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
2015-S5269 - Bill 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
2015-S5269A - Details
2015-S5269A - 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.
2015-S5269A - Bill 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
2015-S5269B - Details
2015-S5269B - 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.
2015-S5269B - Bill 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
2015-S5269C (ACTIVE) - Details
2015-S5269C (ACTIVE) - 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
2015-S5269C (ACTIVE) - Bill 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
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