Assembly Bill A9062B

2023-2024 Legislative Session

Prohibits motor vehicle manufacturers and dealers from charging a subscription fee for certain functions of a motor vehicle after the vehicle is sold

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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

Bill Amendments

co-Sponsors

2023-A9062 - Details

See Senate Version of this Bill:
S8393
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §198-d, Gen Bus L

2023-A9062 - Summary

Prohibits motor vehicle manufacturers and dealers from charging a subscription fee for certain functions of a motor vehicle after the vehicle is sold; provides that any manufacturer, dealer, or agent of a manufacturer or dealer that fails to comply with such requirements shall be assessed a civil penalty not to exceed two hundred fifty dollars per point of sale for each violation.

2023-A9062 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9062
 
                           I N  A S S E M B L Y
 
                             February 6, 2024
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   motor  vehicle  manufacturers and dealers from charging a subscription
   fee for certain functions of a motor vehicle after the vehicle is sold

   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
 198-d to read as follows:
   § 198-D. VEHICLE FEATURE SUBSCRIPTIONS. (A) AS USED IN THIS SECTION:
   (1)  "CONSUMER"  SHALL  MEAN  THE PURCHASER, OR LESSEE, OTHER THAN FOR
 PURPOSES OF RESALE, OF A MOTOR VEHICLE.
   (2) "DEALER" SHALL HAVE THE SAME MEANING AS SUCH TERM  IS  DEFINED  BY
 SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
   (3)  "MANUFACTURER"  SHALL  MEAN  A  PERSON OR BUSINESS ENGAGED IN THE
 MANUFACTURING OR ASSEMBLING OF NEW MOTOR VEHICLES.
   (4) "MOTOR VEHICLE" SHALL HAVE  THE  SAME  MEANING  AS  SUCH  TERM  IS
 DEFINED  BY  SECTION  ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
 LAW.
   (5) "MOTOR VEHICLE FEATURE" SHALL MEAN ANY CONVENIENCE OR SAFETY FUNC-
 TION INCLUDED ON THE MOTOR VEHICLE, INCLUDING BUT NOT LIMITED TO  HEATED
 SEATS  OR  DRIVER ASSISTANCE, THAT TYPICALLY IS OFFERED TO A CONSUMER AS
 AN UPGRADE AT THE TIME OF PURCHASE OR LEASE OF THE MOTOR VEHICLE.
   (6)  "SUBSCRIPTION  SERVICE"  SHALL  MEAN  A  SERVICE  PROVIDED  ON  A
 SUBSCRIPTION  BASIS  IN EXCHANGE FOR A RECURRING PAYMENT, INCLUDING, BUT
 NOT LIMITED TO, A WEEKLY, MONTHLY, OR ANNUAL PAYMENT CHARGED TO AND MADE
 BY A CONSUMER BUT SHALL NOT INCLUDE THIRD-PARTY SERVICES, SUCH AS  INFO-
 TAINMENT FEATURES, SATELLITE RADIO, OR IN-VEHICLE WI-FI.
   (B)  NO  MANUFACTURER,  DEALER,  OR  AGENT OF A MANUFACTURER OR DEALER
 SHALL OFFER TO A CONSUMER A SUBSCRIPTION SERVICE OR CHARGE  A  POST-PUR-
 CHASE FEE FOR ANY MOTOR VEHICLE FEATURE THAT:
   (1)  UTILIZES  COMPONENTS  AND HARDWARE ALREADY INSTALLED ON THE MOTOR
 VEHICLE AT THE TIME OF PURCHASE OR LEASE BY THE CONSUMER; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13200-01-3

co-Sponsors

multi-Sponsors

2023-A9062A - Details

See Senate Version of this Bill:
S8393
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §198-d, Gen Bus L

2023-A9062A - Summary

Prohibits motor vehicle manufacturers and dealers from charging a subscription fee for certain functions of a motor vehicle after the vehicle is sold; provides that any manufacturer, dealer, or agent of a manufacturer or dealer that fails to comply with such requirements shall be assessed a civil penalty not to exceed two hundred fifty dollars per point of sale for each violation.

2023-A9062A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9062--A
 
                           I N  A S S E M B L Y
 
                             February 6, 2024
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI,  GLICK, GUNTHER, LAVINE, THIELE,
   BURDICK, WEPRIN, EPSTEIN, SANTABARBARA, DAVILA,  LEVENBERG,  STECK  --
   read  once  and  referred  to  the  Committee  on Consumer Affairs and
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   motor  vehicle  manufacturers and dealers from charging a subscription
   fee for certain functions of a motor vehicle after the vehicle is sold
 
   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
 198-d to read as follows:
   § 198-D. VEHICLE FEATURE SUBSCRIPTIONS. (A) AS USED IN THIS SECTION:
   (1)  "CONSUMER"  SHALL  MEAN  THE PURCHASER, OR LESSEE, OTHER THAN FOR
 PURPOSES OF RESALE, OF A MOTOR VEHICLE.
   (2) "DEALER" SHALL HAVE THE SAME MEANING AS SUCH TERM  IS  DEFINED  BY
 SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
   (3)  "MANUFACTURER"  SHALL  MEAN  A  PERSON OR BUSINESS ENGAGED IN THE
 MANUFACTURING OR ASSEMBLING OF NEW MOTOR VEHICLES.
   (4) "MOTOR VEHICLE" SHALL HAVE  THE  SAME  MEANING  AS  SUCH  TERM  IS
 DEFINED  BY  SECTION  ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
 LAW.
   (5) "MOTOR VEHICLE FEATURE" SHALL MEAN ANY CONVENIENCE OR SAFETY FUNC-
 TION INCLUDED ON THE MOTOR VEHICLE, INCLUDING BUT NOT LIMITED TO  HEATED
 SEATS  OR  DRIVER ASSISTANCE, THAT TYPICALLY IS OFFERED TO A CONSUMER AS
 AN UPGRADE AT THE TIME OF PURCHASE OR LEASE OF THE MOTOR VEHICLE.
   (6)  "SUBSCRIPTION  SERVICE"  SHALL  MEAN  A  SERVICE  PROVIDED  ON  A
 SUBSCRIPTION  BASIS  IN EXCHANGE FOR A RECURRING PAYMENT, INCLUDING, BUT
 NOT LIMITED TO, A WEEKLY, MONTHLY, OR ANNUAL PAYMENT CHARGED TO AND MADE
 BY A CONSUMER BUT SHALL NOT INCLUDE THIRD-PARTY SERVICES, SUCH AS  INFO-
 TAINMENT FEATURES, SATELLITE RADIO, OR IN-VEHICLE WI-FI.
   (B)  NO  MANUFACTURER,  DEALER,  OR  AGENT OF A MANUFACTURER OR DEALER
 SHALL OFFER TO A CONSUMER A SUBSCRIPTION SERVICE OR CHARGE  A  POST-PUR-
 CHASE FEE FOR ANY MOTOR VEHICLE FEATURE THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2023-A9062B (ACTIVE) - Details

See Senate Version of this Bill:
S8393
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §198-d, Gen Bus L

2023-A9062B (ACTIVE) - Summary

Prohibits motor vehicle manufacturers and dealers from charging a subscription fee for certain functions of a motor vehicle after the vehicle is sold; provides that any manufacturer, dealer, or agent of a manufacturer or dealer that fails to comply with such requirements shall be assessed a civil penalty not to exceed two hundred fifty dollars per point of sale for each violation.

2023-A9062B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9062--B
 
                           I N  A S S E M B L Y
 
                             February 6, 2024
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI,  GLICK, GUNTHER, LAVINE, THIELE,
   BURDICK, WEPRIN,  EPSTEIN,  SANTABARBARA,  DAVILA,  LEVENBERG,  STECK,
   BURGOS,  ARDILA -- Multi-Sponsored by -- M. of A. WOERNER -- read once
   and referred to the Committee on Consumer Affairs  and  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported and referred to the  Commit-
   tee  on  Codes  --  reported and referred to the Committee on Rules --
   Rules Committee discharged, bill amended, ordered reprinted as amended
   and recommitted to the Committee on Rules
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   motor  vehicle  manufacturers and dealers from charging a subscription
   fee for certain functions of a motor vehicle after the vehicle is sold
 
   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
 198-d to read as follows:
   § 198-D. VEHICLE FEATURE SUBSCRIPTIONS. (A) AS USED IN THIS SECTION:
   (1)  "CONSUMER"  SHALL  MEAN  THE PURCHASER, OR LESSEE, OTHER THAN FOR
 PURPOSES OF RESALE, OF A MOTOR VEHICLE.
   (2) "DEALER" SHALL HAVE THE SAME MEANING AS SUCH TERM  IS  DEFINED  BY
 SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
   (3)  "MANUFACTURER"  SHALL  MEAN  A  PERSON OR BUSINESS ENGAGED IN THE
 MANUFACTURING OR ASSEMBLING OF NEW MOTOR VEHICLES.
   (4) "MOTOR VEHICLE" SHALL HAVE  THE  SAME  MEANING  AS  SUCH  TERM  IS
 DEFINED  BY  SECTION  ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
 LAW.
   (5) "MOTOR VEHICLE FEATURE" SHALL MEAN ANY CONVENIENCE OR SAFETY FUNC-
 TION INCLUDED ON THE MOTOR VEHICLE, INCLUDING BUT NOT LIMITED TO  HEATED
 SEATS  THAT TYPICALLY IS OFFERED TO A CONSUMER AS AN UPGRADE AT THE TIME
 OF PURCHASE OR LEASE OF THE MOTOR VEHICLE.
   (6)  "SUBSCRIPTION  SERVICE"  SHALL  MEAN  A  SERVICE  PROVIDED  ON  A
 SUBSCRIPTION  BASIS  IN EXCHANGE FOR A RECURRING PAYMENT, INCLUDING, BUT
 NOT LIMITED TO, A WEEKLY, MONTHLY, OR ANNUAL PAYMENT CHARGED TO AND MADE
 BY A CONSUMER BUT SHALL NOT INCLUDE  A  CONSUMER'S  REOCCURRING  PAYMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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