NY State Senate Bill 2019-S2531

Senate Bill S2531

2019-2020 Legislative Session

Prohibits the rental of safety recalled cars until they are repaired in accordance with the recall

download bill text pdf

Archive: Last 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Jan 28, 2019	referred to consumer protection

co-Sponsors

2019-S2531 (ACTIVE) - Details

See Assembly Version of this Bill:: A4020
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §396-z, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5618, A8973
2013-2014: S1690, S6320, A5361
2015-2016: S6336, A3066
2017-2018: S1949, S7378, A10250
2021-2022: S5816, A2584
2023-2024: S2662, A2585

2019-S2531 (ACTIVE) - Summary

Restricts the rental of safety recalled cars until they are repaired in accordance with the recall; requires disclosure of such recall notices to prospective vehicle renters if such recalled cars have not been repaired.

2019-S2531 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2531

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
rental of motor vehicles that are subject to a recall

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would (Prohibits the rental of safety recalled cars
until they are repaired in accordance with the recall).

 
SUMMARY OF PROVISIONS:

Section One adds a new subdivision 16 to section 396-z of the general
business law, as amended by the laws of 2006 which requires rental car
companies to inspect and repair vehicles that are subject to a recall
within 120 days of notification that the vehicle is Subject to a recall.
The rental company shall provide disclosure to the prospective renter
during these 120 days, if inspections and repairs have not yet been

made. Following the 120 days, the rental car company shall have the
option of providing disclosure instead of making the inspections and
repairs. All disclosures required or permitted in this bill shall be
subject to specific requirements.

Section Two adds a new subdivision 14 to section 396-z of the general
business law, as amended by the laws of 1988 which requires rental car
companies to inspect and repair vehicles that are subject to a recall
within 120 days of notification that the vehicle is subject to a recall.
The rental company shall also have the option of providing disclosure
subject to specific requirements upon such disclosure.

Section Three provides the effective date and provides that section two
shall take effect when section one is repealed pursuant to section 4 of
chapter 656 of the laws of 2002.

 
JUSTIFICATION:

Recalls on vehicles are issued for public safety. The federal govern-
ment, as well as car manufacturers, issue recall notices when a defect
is discovered that could be potentially harmful to someone using the
vehicle. Included among the most prevalent reasons for a motor vehicle
recall are wiring and leaks that cause fire, steering problems that lead
to a loss of control, and accelerators that break or suddenly freeze.

These problems are all potentially deadly if not addressed. Under
current law, auto dealers are prohibited from selling cars that are
subject to a recall however there is no regulation with respect to the
rental of recalled vehicles. This legislation holds car rental companies
to heightened restrictions similar to those placed on auto dealers by
requiring rental companies to inspect recalled vehicles, and when appro-
priate, repair such vehicles. Alternatively, rental car companies may
disclose defects to potential renters if they decline to make the
repairs under the recall.

Disclosure is required at all times that a vehicle is rented by a vehi-
cle rental company while it is subject to a recall. If disclosure is
made with respect to the existence and nature of the recall and the
specific defect, and the customer initials a form containing this infor-
mation prior to the signing of any rental agreement, the rental car
company shall be permitted to rent the vehicle to the customer.

 
LEGISLATIVE HISTORY:

S 7378 COMRIE Same as A10250

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

2019-S2531 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2531
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 prohibiting the
   rental of motor vehicles that are subject to a recall
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  396-z of the general business law, as amended by
 chapter 109 of the laws of 2018, is amended by adding a new  subdivision
 17 to read as follows:
   17. RENTAL VEHICLE COMPANIES SHALL INSPECT AND, IF APPROPRIATE, REPAIR
 ANY  RENTAL  VEHICLE  COVERED  UNDER  A FEDERAL OR MANUFACTURER'S SAFETY
 RECALL WITHIN ONE HUNDRED  TWENTY  DAYS  AFTER  RECEIVING  SUCH  NOTICE.
 FOLLOWING  RECEIPT  OF  SUCH  NOTICE  BY  A RENTAL VEHICLE COMPANY, SUCH
 COMPANY MAY RENT A VEHICLE THAT IS SUBJECT TO A SAFETY  RECALL  PROVIDED
 THAT  SUCH  COMPANY  DISCLOSES  TO  ANY  PROSPECTIVE  RENTER OF VEHICLES
 COVERED UNDER A FEDERAL OR MANUFACTURER'S SAFETY RECALL THAT  THE  VEHI-
 CLES ARE SUBJECT TO SAFETY RECALL NOTICES AND HAVE NOT BEEN INSPECTED OR
 REPAIRED  PRIOR  TO  THE SIGNING OF THE RENTAL AGREEMENT. IF ONE HUNDRED
 TWENTY DAYS SHALL LAPSE FOLLOWING THE RECEIPT  OF  NOTICE  BY  A  RENTAL
 VEHICLE  COMPANY  THAT  A  FEDERAL OR MANUFACTURER'S SAFETY RECALL IS IN
 EFFECT ON ANY OF THE VEHICLES OWNED BY THE RENTAL VEHICLE  COMPANY,  AND
 SUCH  RENTAL  VEHICLE COMPANY HAS FAILED TO INSPECT OR REPAIR SUCH VEHI-
 CLES, THE RENTAL VEHICLE COMPANY SHALL HAVE THE OPTION, AS  AN  ALTERNA-
 TIVE TO UNDERTAKING THE INSPECTIONS OR REPAIRS SUBJECT TO THE RECALL, TO
 DISCLOSE  TO  PROSPECTIVE RENTERS OF VEHICLES COVERED UNDER A FEDERAL OR
 MANUFACTURER'S SAFETY RECALL THAT THE VEHICLES  ARE  SUBJECT  TO  SAFETY
 RECALL  NOTICES  AND  HAVE  NOT  BEEN INSPECTED OR REPAIRED PRIOR TO THE
 SIGNING OF THE AGREEMENT. ANY DISCLOSURES REQUIRED  UNDER  THIS  SECTION
 SHALL  BE SET FORTH IN A SEPARATE DOCUMENT ATTACHED TO THE RENTAL AGREE-
 MENT AND SHALL STATE (A) THAT THE SPECIFIC VEHICLE IS THE SUBJECT  OF  A
 SAFETY RECALL, (B) DESCRIBE THE RECALL IN QUESTION, AND (C) DESCRIBE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06251-01-9

 S. 2531                             2
 
 NATURE  OF  THE  DEFECT.  SUCH  DISCLOSURE  SHALL  BE  INITIALLED BY THE
 PROSPECTIVE RENTER PRIOR TO THE SIGNING OF THE RENTAL AGREEMENT.
   §  2. Section 396-z of the general business law, as amended by chapter
 731 of the laws of 2006, is amended by adding a new  subdivision  16  to
 read as follows:
   16. RENTAL VEHICLE COMPANIES SHALL INSPECT AND, IF APPROPRIATE, REPAIR
 ANY  RENTAL  VEHICLE  COVERED  UNDER  A FEDERAL OR MANUFACTURER'S SAFETY
 RECALL WITHIN ONE HUNDRED  TWENTY  DAYS  AFTER  RECEIVING  SUCH  NOTICE.
 FOLLOWING  RECEIPT  OF  SUCH  NOTICE  BY  A RENTAL VEHICLE COMPANY, SUCH
 COMPANY MAY RENT A VEHICLE THAT IS SUBJECT TO A SAFETY  RECALL  PROVIDED
 THAT  SUCH  COMPANY  DISCLOSES  TO  ANY  PROSPECTIVE  RENTER OF VEHICLES
 COVERED UNDER A FEDERAL OR MANUFACTURER'S SAFETY RECALL THAT  THE  VEHI-
 CLES ARE SUBJECT TO SAFETY RECALL NOTICES AND HAVE NOT BEEN INSPECTED OR
 REPAIRED  PRIOR  TO  THE SIGNING OF THE RENTAL AGREEMENT. IF ONE HUNDRED
 TWENTY DAYS SHALL LAPSE FOLLOWING THE RECEIPT  OF  NOTICE  BY  A  RENTAL
 VEHICLE  COMPANY  THAT  A  FEDERAL OR MANUFACTURER'S SAFETY RECALL IS IN
 EFFECT ON ANY OF THE VEHICLES OWNED BY THE RENTAL VEHICLE  COMPANY,  AND
 SUCH  RENTAL  VEHICLE COMPANY HAS FAILED TO INSPECT OR REPAIR SUCH VEHI-
 CLES, THE RENTAL VEHICLE COMPANY SHALL HAVE THE OPTION, AS  AN  ALTERNA-
 TIVE TO UNDERTAKING THE INSPECTIONS OR REPAIRS SUBJECT TO THE RECALL, TO
 DISCLOSE  TO  PROSPECTIVE RENTERS OF VEHICLES COVERED UNDER A FEDERAL OR
 MANUFACTURER'S SAFETY RECALL THAT THE VEHICLES  ARE  SUBJECT  TO  SAFETY
 RECALL  NOTICES  AND  HAVE  NOT  BEEN INSPECTED OR REPAIRED PRIOR TO THE
 SIGNING OF THE AGREEMENT. ANY DISCLOSURES REQUIRED  UNDER  THIS  SECTION
 SHALL  BE SET FORTH IN A SEPARATE DOCUMENT ATTACHED TO THE RENTAL AGREE-
 MENT AND SHALL STATE (A) THAT THE SPECIFIC VEHICLE IS THE SUBJECT  OF  A
 SAFETY RECALL, (B) DESCRIBE THE RECALL IN QUESTION, AND (C) DESCRIBE THE
 NATURE  OF  THE  DEFECT.  SUCH  DISCLOSURE  SHALL  BE  INITIALLED BY THE
 PROSPECTIVE RENTER PRIOR TO THE SIGNING OF THE RENTAL AGREEMENT.
   § 3. This act shall take effect immediately, provided that the  amend-
 ments  to section 396-z of the general business law, made by section one
 of this act, shall be subject to the expiration and  reversion  of  such
 section  pursuant  to subdivision (a) of section 4 of chapter 109 of the
 laws of 2018, as amended, when upon such date section two  of  this  act
 shall take effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2531

Share this bill

Sponsored By

Leroy Comrie