S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2343
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00733-01-9

 A. 2343                             2
 
   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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.