-  This bill is not active in this session.
 

A02078 Summary:

BILL NOA02078A
 
SAME ASSAME AS S04019-A
 
SPONSORGunther
 
COSPNSR
 
MLTSPNSR
 
Amd §399-zzzz, Gen Bus L; amd §§337 & 341, Pers Prop L
 
Requires that a retail lessee shall not be liable for charges for the early termination of a retail lease agreement of a motor vehicle if he or she has deceased before the end of such lease.
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A02078 Actions:

BILL NOA02078A
 
01/22/2019referred to consumer affairs and protection
05/28/2019amend and recommit to consumer affairs and protection
05/28/2019print number 2078a
06/03/2019reported referred to rules
06/17/2019reported
06/17/2019rules report cal.330
06/17/2019ordered to third reading rules cal.330
06/18/2019substituted by s4019a
 S04019 AMEND=A THOMAS
 02/25/2019REFERRED TO CONSUMER PROTECTION
 05/14/20191ST REPORT CAL.689
 05/15/20192ND REPORT CAL.
 05/20/2019ADVANCED TO THIRD READING
 05/22/2019PASSED SENATE
 05/22/2019DELIVERED TO ASSEMBLY
 05/22/2019referred to consumer affairs and protection
 06/14/2019RECALLED FROM ASSEMBLY
 06/14/2019returned to senate
 06/14/2019VOTE RECONSIDERED - RESTORED TO THIRD READING
 06/14/2019AMENDED ON THIRD READING 4019A
 06/17/2019REPASSED SENATE
 06/17/2019RETURNED TO ASSEMBLY
 06/17/2019referred to consumer affairs and protection
 06/18/2019substituted for a2078a
 06/18/2019ordered to third reading rules cal.330
 06/20/2019passed assembly
 06/20/2019returned to senate
 09/03/2019DELIVERED TO GOVERNOR
 09/05/2019SIGNED CHAP.246
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A02078 Committee Votes:

CONSUMER AFFAIRS AND PROTECTION Chair:DenDekker DATE:06/03/2019AYE/NAY:15/0 Action: Favorable refer to committee Rules
DenDekkerAyeMikulinAye
AbbateAyeMcDonoughAye
QuartAyeMillerAye
BuchwaldAyePalumboAye
SimonAye
DilanAye
SeawrightAye
RozicAye
NiouAye
Pheffer AmatoAye
WilliamsExcused
FallAye

RULES Chair:Gottfried DATE:06/17/2019AYE/NAY:26/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineExcused
LupardoAye
ZebrowskiAye

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A02078 Floor Votes:

There are no votes for this bill in this legislative session.
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A02078 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2078A
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the general business law and the personal property law, in relation to early termination of motor vehicle lease contracts   PURPOSE: This bill would prohibit companies from charging early termination fees on motor vehicle lease contracts if a customer has deceased before the end of such contract   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 399-zzzz of the general busi- ness law to prohibit motor vehicle lessors from imposing an early termi- nation fee if a customer has deceased before the end of such contract. Section 2 amends subdivision 5 of section 337 of the personal property law to add a prohibition on early termination fees to all retail lease agreements of motor vehicles Section 3 adds a new subdivision 4 to section 341 of the personal prop- erty law to add a prohibition on early termination fees to the restrictions on early termination liability Section 4 is the effective date   JUSTIFICATION: Many companies use early termination fees to ensure a customer continues use of a service through the contract length. However, there have been instances where these companies have charged early termination fees to accounts cancelled prior to the expiration of the contract due to the customer's death. Chapter 331 of the laws of 2016 prohibited telephone, cellular telephone, television, internet, energy, and water service providers from charging early termination fees if the contract was broken due to the death of the customer. However, motor vehicle leases were not included. This bill simply expands protections from early termination fees to motor vehicle leases.   LEGISLATIVE HISTORY: 2017-18: A9727 referred to Consumer Affairs   FISCAL IMPLICATIONS: None to state.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all leases entered into, renewed, modi- fied or amended on or after such effective date.
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A02078 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2078--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the general business law and the personal property  law,
          in relation to early termination of motor vehicle lease contracts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 399-zzzz of the  general  business
     2  law,  as added by chapter 331 of the laws of 2016, is amended to read as
     3  follows:
     4    1. Subject to federal law and regulation[,]:
     5    a. no provider of telephone, cellular telephone, television, internet,
     6  energy, or water services shall impose a fee for  termination  or  early
     7  cancellation  of  a  service  contract  in  the  event  the customer has
     8  deceased before the end of such contract; and
     9    b. a retail lessee, as defined in section three hundred thirty-one  of
    10  the personal property law, shall not be liable for charges for the early
    11  termination  of a retail lease agreement of a motor vehicle if he or she
    12  has deceased before the end of such lease.
    13    § 2. Paragraphs (i), (j) and (k) of subdivision 5 of  section  337  of
    14  the personal property law are relettered paragraphs (j), (k) and (l) and
    15  a new paragraph (i) is added to read as follows:
    16    (i)  A  statement  in  at least eight-point bold type stating that the
    17  lessee shall not be liable for an early termination fee if he or she has
    18  deceased before the end of the lease;
    19    § 3. Section 341 of the personal property law is amended by  adding  a
    20  new subdivision 4 to read as follows:
    21    4.  There  shall be no early termination liability to the lessee if he
    22  or she has deceased before the end of such lease.
    23    § 4. This act shall take effect on the ninetieth day  after  it  shall
    24  have  become  a law and shall apply to all leases entered into, renewed,
    25  modified or amended on or after such effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01695-02-9
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A02078 LFIN:

 NO LFIN
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A02078 Chamber Video/Transcript:

6-18-19Video (@ 02:18:11)Transcript pdf Transcript html
6-20-19Video (@ 02:32:15)Transcript pdf Transcript html
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