Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 14, 2012 |
referred to rules |
Senate Bill S7708
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
2011-S7708 (ACTIVE) - Details
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
BILL NUMBER:S7708 TITLE OF BILL: An act to amend the general business law, in relation to discrimination in the rental of motor vehicles on the basis of geographic location PURPOSE: To prohibit the discriminatory practice of refusing to rent, or adding extra terms, conditions or surcharges to the rental of a vehicle based on the geographic location of the residence of the renter. SUMMARY OF PROVISIONS: Section 1 of the bill amends the general business law by adding a new section 391-s which would prohibit rental vehicle companies from refusing to rent, imposing any additional charge, or imposing any additional terms, conditions or privileges on the rental of a vehicle based on the geographic location of the residence of the renter. In addition, this section would subject violations to a civil penalty of not more than $1,000 and create a limited private right of action for individuals aggrieved under the law. Individuals could sue to enjoin and recover actual damages or $250, whichever is greater. The court could also award increased damages not to exceed three times the actual damages, up to $1500, for willful or knowing violations, as well as reasonable attorneys' fees, to a prevailing plaintiff.
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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