Senate Bill S7708

2011-2012 Legislative Session

Prohibits rental car companies from discriminating on the basis of geographical location

download bill text pdf

Sponsored By

Archive: Last 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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2011-S7708 (ACTIVE) - Details

See Assembly Version of this Bill:
A5952
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A510
2013-2014: A1043
2015-2016: A5811
2017-2018: A1782, A9980

2011-S7708 (ACTIVE) - Summary

Prohibits rental car companies from discriminating on the basis of the geographical location of the residence of the person attempting to enter into the rental agreement; prohibits imposing of additional charges or conditions; provides injunction relief and imposes a fine of up to $1,500 for each violation.

2011-S7708 (ACTIVE) - Sponsor Memo

2011-S7708 (ACTIVE) - Bill Text download pdf

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

                                  7708

                            I N  S E N A T E

                              June 14, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation to  discrimination
  in the rental of motor vehicles on the basis of geographic location

  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
391-s to read as follows:
  S 391-S. RENTAL OF MOTOR VEHICLES;  DISCRIMINATION  ON  THE  BASIS  OF
GEOGRAPHICAL  LOCATION.    1. IT SHALL BE UNLAWFUL FOR ANY MOTOR VEHICLE
RENTAL AGENCY TO ENGAGE IN ANY OF THE FOLLOWING PRACTICES ON  THE  BASIS
OF  THE  GEOGRAPHICAL LOCATION OF THE RESIDENCE OF THE PERSON ATTEMPTING
TO ENTER INTO SUCH RENTAL AGREEMENT:
  A. REFUSE TO RENT SUCH VEHICLE;
  B. IMPOSE ANY ADDITIONAL CHARGE FOR THE RENTAL OF SUCH MOTOR  VEHICLE;
OR
  C.  IMPOSE  ANY  ADDITIONAL  TERMS,  CONDITIONS OR PRIVILEGES UPON THE
RENTAL OF SUCH VEHICLE.
  2. UPON ANY VIOLATION OF THIS SECTION, AN APPLICATION MAY BE  MADE  BY
THE  ATTORNEY  GENERAL IN THE NAME OF THE PEOPLE OF THE STATE TO A COURT
OR JUSTICE HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND  UPON  NOTICE
TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
CONTINUANCE  OF THE VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF
THE COURT OR JUSTICE THAT THE RESPONDENT HAS VIOLATED ANY  PROVISION  OF
THIS  SECTION,  AN  INJUNCTION  MAY  BE  ISSUED BY THE COURT OR JUSTICE,
ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED  THEREBY.  IN  ANY
SUCH  PROCEEDING,  THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00030-03-2
              

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