Assembly Bill A1191

Signed By Governor
2011-2012 Legislative Session

Requires actual consent to participation in franchise programs

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S1347 - Signed by Governor


  • 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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2011-A1191 (ACTIVE) - Details

See Senate Version of this Bill:
S1347
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §463, V & T L
Versions Introduced in 2009-2010 Legislative Session:
A11162, S7885

2011-A1191 (ACTIVE) - Summary

Requires actual written consent for participation in franchise programs for motor vehicle dealer.

2011-A1191 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1191

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  actual consent to participation in franchise programs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 463 of the vehicle and traffic law
is amended by adding a new paragraph (hh) to read as follows:
  (HH) TO REQUIRE THAT A  FRANCHISED  MOTOR  VEHICLE  DEALER  CONTRIBUTE
MONETARILY TO ANY PROGRAM OR PROMOTION WITHOUT FIRST RECEIVING THE WRIT-
TEN  CONSENT  OF  THE  FRANCHISED MOTOR VEHICLE DEALER TO PARTICIPATE IN
SUCH PROGRAM OR PROMOTION. FOR PURPOSES OF THIS PARAGRAPH,  THE  WRITTEN
CONSENT  SPECIFIC  TO  THE  PARTICULAR  PROGRAM  OR  PROMOTION  MUST  BE
EXECUTED, BY MEANS OF HANDWRITTEN, TYPED OR ELECTRONIC SIGNATURE, WITHIN
SIXTY DAYS PRIOR TO THE START OF THE PARTICULAR  PROGRAM  OR  PROMOTION,
PROVIDED,  HOWEVER,  THAT  CONSENT  SHALL  NOT  BE  REQUIRED TO CONTINUE
PARTICIPATION IN A PROGRAM OR PROMOTION TO WHICH THE  DEALER  HAS  GIVEN
WRITTEN  CONSENT TO RENEWAL, AND PROVIDED FURTHER, THAT THE DEALER SHALL
BE ABLE TO TERMINATE SUCH RENEWAL UPON REASONABLE WRITTEN NOTICE  WITHIN
THIRTY DAYS FOLLOWING THE START OR RENEWAL OF THE PROGRAM OR PROMOTION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03020-01-1


              

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