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

                                   147

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the general business law, in relation to the  rental  of
  motor vehicles

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

  Section 1. Paragraphs c and d of subdivision 1 of section 391-1 of the
general business law, as added by chapter 573 of the laws  of  1980  and
such  section  as  redesignated  by chapter 694 of the laws of 1995, are
amended and two new paragraphs e and f are added to read as follows:
  c. "Motor vehicle" shall have the meaning ascribed thereto by  section
one hundred twenty-five of the vehicle and traffic law; [and]
  d.  "Credit  card"  shall  mean  any credit card, credit plate, charge
plate or other identification card or device which is issued by a person
to another person as the holder thereof, and may be used by such  holder
to  obtain  a  cash  advance or a loan or credit, or to purchase or rent
property or services on the credit of the person issuing the credit card
or of the holder[.];
  E. "AUTHORIZED DRIVER" SHALL MEAN: (I) THE PERSON TO WHOM THE  VEHICLE
IS  RENTED  IF  A LICENSED DRIVER; (II) SUCH PERSON'S SPOUSE IF LICENSED
AND AT LEAST EIGHTEEN YEARS OF AGE; (III) ANY PERSON  WHO  OPERATES  THE
VEHICLE DURING AN EMERGENCY SITUATION TO A MEDICAL FACILITY; OR (IV) ANY
LICENSED  DRIVER  EXPRESSLY LISTED ON THE RENTAL AGREEMENT AS AN AUTHOR-
IZED DRIVER; AND
  F. "RENTAL AGREEMENT" MEANS ANY WRITTEN AGREEMENT SETTING FORTH  TERMS
AND  CONDITIONS  GOVERNING THE AUTHORIZED DRIVER'S USE OF A RENTAL VEHI-
CLE, AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN-A OF THE VEHICLE AND
TRAFFIC LAW, FOR A PERIOD NOT TO EXCEED THIRTY CONTINUOUS DAYS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03442-01-3

              

A. 147                              2

  S 2. Subdivision 2 of section 391-l of the general  business  law,  as
added  by  chapter  573 of the laws of 1980 and such section as redesig-
nated by chapter 694 of the laws of 1995, is amended to read as follows:
  2. It shall be unlawful for any person, firm, partnership, association
or  corporation  engaged  in  the  business of renting motor vehicles to
refuse to rent such vehicle to any person solely on the  requirement  of
ownership of a credit card OR REQUIRE ANY PERSON TO OWN A CREDIT CARD IN
ORDER TO OPERATE A VEHICLE OR ENTER INTO A RENTAL AGREEMENT.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.