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A09616 Summary:

BILL NOA09616
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Add §399-ccccc, Gen Bus L
 
Requires that vehicle manufacturers and/or dealers terminate an individual's access to remote vehicle technology upon request by domestic violence victims who provide an order of protection and proof of ownership of a vehicle.
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A09616 Actions:

BILL NOA09616
 
03/26/2024referred to consumer affairs and protection
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A09616 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9616             Revised 3/27/24
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the general business law, in relation to remote vehicle technology and domestic violence victims   PURPOSE: This legislation will protect survivors of domestic violence from poten- tial stalking, harassment and violence by allowing them to terminate an abuser's access to their vehicle's tracking and remote technology.   SUMMARY OF SPECIFIC PROVISIONS: Section one adds section 399-ccccc to the general business law. Section two establishes the effective date.   JUSTIFICATION: After leaving a domestic violence situation, many survivors continue to experience stalking, harassment and threats of violence. As technology has evolved, those tools have provided abusers new and startling ways to monitor and harass survivors. With the development of remote vehicle technology, cars can be started and tracked, and temperature settings can be adjusted from a cellphone or computer. Survivors must now contend with a new form of harassment and stalking. A New York Times piece from December 2023 included inter- views with multiple survivors who experienced this, including a survivor whose abuser stalked her using her car's GPS technology and a survivor whose abuser harassed her by using her car's remote start technology. Law enforcement has faced obstacles in protecting survivors from such intrusions as access to this technology is often controlled by car manufacturers. This legislation would require car manufacturers or deal- ers to remove an abuser's access to remote vehicle technology when a survivor with an order of protection makes the request and has proof of ownership, at no cost to the survivor. This legislation also requires that this information be accessible through the car manufacturer or dealer's website.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A09616 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9616
 
                   IN ASSEMBLY
 
                                     March 26, 2024
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to remote  vehicle
          technology and domestic violence victims
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-ccccc to read as follows:
     3    § 399-ccccc. Remote vehicle technology; domestic violence victims.  1.
     4  For  the  purposes of this section, the term "remote vehicle technology"
     5  shall mean any technology that allows a person who is outside of a vehi-
     6  cle to track the location of, or control any operation of, the  vehicle,
     7  and  includes,  but is not limited to, a global positioning system (GPS)
     8  that tracks the location of the vehicle or an app-based technology  that
     9  controls any operation of the vehicle.
    10    2.  A  vehicle manufacturer and/or dealer located in this state shall,
    11  within two business days after receiving a request by a driver who meets
    12  the requirements of subdivision three  of  this  section,  terminate  an
    13  individual's access to remote vehicle technology.
    14    3. (a) A request by a driver that a vehicle manufacturer and/or dealer
    15  terminate  an  individual's  access  to  remote vehicle technology shall
    16  include the following information:
    17    (i) proof of such driver's legal possession of a vehicle  manufactured
    18  by  such  vehicle manufacturer or sold by such dealer. Such proof may be
    19  established by providing a vehicle title, a court  order  awarding  sole
    20  possession or ownership of a vehicle to such driver, or such other proof
    21  as determined by the commissioner; and
    22    (ii)  a current order of protection establishing that such driver is a
    23  victim of domestic violence and naming the individual  whose  access  is
    24  sought to be terminated.
    25    (b) A vehicle manufacturer and/or dealer shall not require a driver to
    26  provide  any information other than what is required by paragraph (a) of
    27  this subdivision.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14755-02-4

        A. 9616                             2
 
     1    4. A vehicle manufacturer and/or dealer shall notify a driver  seeking
     2  relief  under  subdivision  two of this section, in clear and accessible
     3  language, that such vehicle manufacturer and/or dealer may  contact  the
     4  driver,  or  the  designated representative of the driver, to confirm an
     5  individual's  access  to  the  remote vehicle technology has been termi-
     6  nated.
     7    5. A vehicle manufacturer and/or dealer shall provide  a  notification
     8  inside  of  a  vehicle  that is installed with remote vehicle technology
     9  that shows if the remote vehicle technology is being used.
    10    6. A vehicle manufacturer and/or dealer shall provide  information  on
    11  its  internet  website  and  vehicle internet applications, in clear and
    12  accessible language, on the process of terminating a person's access  to
    13  remote  vehicle  technology, including, but not limited to, the informa-
    14  tion required pursuant to paragraph (a) of  subdivision  three  of  this
    15  section.
    16    7.  A  vehicle manufacturer and/or dealer shall employ dedicated staff
    17  who are trauma-informed to receive and respond to requests made pursuant
    18  to this section.
    19    8. A vehicle manufacturer and/or dealer shall not charge  a  driver  a
    20  fee  for  completing  a  request  to terminate remote vehicle technology
    21  pursuant to this section.
    22    § 2. This act shall take effect immediately.
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