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

                                  8210

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the prohibition
  of the installation of starter interrupt devices on  certain  new  and
  used motor vehicles

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

  Section 1. The general business law is amended by adding a new article
11-C to read as follows:
                               ARTICLE 11-C
            STARTER INTERRUPT DEVICE INSTALLATION PROHIBITED
SECTION 199-O. DEFINITIONS.
        199-P. VIOLATIONS.
        199-Q. EXCEPTIONS.
        199-R. CIVIL PENALTY.
        199-S. RULES AND REGULATIONS.
        199-T. ENFORCEMENT BY ATTORNEY GENERAL.
  S 199-O. DEFINITIONS. THE FOLLOWING TERMS WHEN USED IN  THIS  ARTICLE,
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
AND TRAFFIC LAW.
  2. "MOTOR VEHICLE" AS DEFINED IN SECTION ONE  HUNDRED  TWENTY-FIVE  OF
THE  VEHICLE  AND TRAFFIC LAW AND EXCLUDING CLASS A, B AND C LIMITED USE
MOTORCYCLES AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE  VEHI-
CLE AND TRAFFIC LAW.
  3.  (A)  "STARTER INTERRUPT DEVICE" SHALL MEAN A DEVICE WHICH TRACKS A
MOTOR VEHICLE PURCHASER'S OR LESSEE'S SCHEDULED PAYMENTS UNDER A FINANC-
ING OR LEASE AGREEMENT AND PREVENTS THE VEHICLE FROM STARTING IF A SCHE-
DULED PAYMENT IS NOT RECEIVED BY ITS DUE DATE OR WITHIN  ANY  APPLICABLE
GRACE  PERIOD.  SUCH  DEVICE  TYPICALLY REQUIRES THE CONSUMER TO ENTER A
CODE FOR EACH PAYMENT PERIOD IN ORDER TO CONTINUE OPERATING THE VEHICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03253-06-5
              

A. 8210                             2

THE CONSUMER RECEIVES THE PAYMENT CODES THAT WILL ALLOW THE  VEHICLE  TO
CONTINUE  TO  START  FROM  THE  CREDITOR  WHEN PAYMENT IS TENDERED. SUCH
DEVICE MAY INCLUDE A GLOBAL POSITIONING SYSTEM (GPS) TRACKING  CAPABILI-
TY.  GPS  TRACKING  DEVICES  THAT ARE SEPARATE FROM, AND INDEPENDENT OF,
STARTER INTERRUPT DEVICES SHALL BE EXEMPT FROM THIS PROHIBITION.
  (B) "STARTER INTERRUPT DEVICE" SHALL NOT MEAN ANY  IGNITION  INTERLOCK
DEVICE  WHOSE  INSTALLATION  AND  USE IS MANDATED BY COURT ORDER, OR ANY
IGNITION INTERLOCK DEVICE WHOSE SOLE PURPOSE IS TO PREVENT DRIVING UNDER
THE INFLUENCE OR REPORTING ATTEMPTED DRIVING UNDER THE INFLUENCE. "STAR-
TER INTERRUPT DEVICE" SHALL NOT MEAN ANY AFTER MARKET CONSUMER-INSTALLED
OR MANUFACTURER-INSTALLED REMOTE DISABLING DEVICE, PROVIDED  THAT  THESE
DEVICES  SHALL  ONLY  BE USED IN THE EVENT OF THEFT BY A THIRD PARTY AND
NOT FOR PURPOSES OF REPOSSESSION BY A LENDER OR SELLER. BUYERS  MAY  NOT
CONSENT TO USE THESE DEVICES FOR THE PURPOSES OF REPOSSESSION.
  S  199-P.  VIOLATIONS.  NO  NEW OR USED MOTOR VEHICLE DEALER OR LENDER
SHALL BE PERMITTED TO INSTALL A STARTER  INTERRUPT  DEVICE  ON  A  MOTOR
VEHICLE PURCHASER'S OR LESSEE'S MOTOR VEHICLE.
  S 199-Q. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO
ANY  RENTAL  VEHICLE  COMPANY AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED NINETY-SIX-Z OF THIS CHAPTER.
  S 199-R. CIVIL PENALTY. A KNOWING VIOLATION OF THIS SECTION  SHALL  BE
PUNISHABLE BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS.
  S  199-S. RULES AND REGULATIONS. THE COMMISSIONER OF THE DEPARTMENT OF
MOTOR VEHICLES, IN CONJUNCTION WITH THE ATTORNEY GENERAL, SHALL  PROMUL-
GATE  SUCH  RULES AND REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS ARTICLE.
  S 199-T. ENFORCEMENT BY ATTORNEY GENERAL. WHENEVER THERE  SHALL  BE  A
VIOLATION  OF  THIS  ARTICLE, AN APPLICATION MAY BE MADE BY THE ATTORNEY
GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OF
COMPETENT JURISDICTION BY A SPECIAL PROCEEDING FOR THE IMPOSITION  OF  A
FINE  AND  THE  ISSUANCE  OF AN INJUNCTION AGAINST ANY VIOLATION OF THIS
ARTICLE, UPON NOTICE TO THE DEFENDANT OF NOT LESS  THAN  FIVE  DAYS,  TO
ENJOIN  AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL
APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT
HAS, IN FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH
COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
OUT  REQUIRING  PROOF  THAT  ANY  PERSON  HAS,  IN FACT, BEEN INJURED OR
DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY  MAKE  ALLOWANCES
TO  THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A)
OF SECTION EIGHTY-THREE HUNDRED THREE OF  THE  CIVIL  PRACTICE  LAW  AND
RULES, AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A
VIOLATION  OF  THIS ARTICLE HAS OCCURRED, THE COURT SHALL IMPOSE A CIVIL
PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR  EACH  VIOLATION.  IN
CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE  RELEVANT  FACT
AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.