Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 09, 2017 |
enacting clause stricken |
Feb 07, 2017 |
referred to consumer affairs and protection |
Assembly Bill A5238
2017-2018 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status - Stricken
- 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
co-Sponsors
Vivian Cook
Sandy Galef
Kenneth Zebrowski
Luis R. Sepúlveda
multi-Sponsors
Charles Barron
Michael Blake
Steven Englebright
Deborah Glick
2017-A5238 (ACTIVE) - Details
2017-A5238 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5238 2017-2018 Regular Sessions I N A S S E M B L Y February 7, 2017 ___________ Introduced by M. of A. DINOWITZ, COOK, GALEF, ZEBROWSKI, SEPULVEDA, COLTON, ABINANTI, CAHILL, STECK, RIVERA -- Multi-Sponsored by -- M. of A. BARRON, BLAKE, ENGLEBRIGHT, GLICK, HOOPER, MAGEE -- read once and referred to the Committee on Consumer Affairs and Protection 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. § 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 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.
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