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LIGRA’s Executive Director and Board Members monitor events
occurring in the Local, State and Federal Governments. LIGRA retains
lobbyists to handle both Albany and local legislation. Additionally,
through
LIGRA’s affiliation with NCPR (National Coalition of Petroleum
Retailers), LIGRA members have full time representation in Washington,
D.C.
HERE IS A PARTIAL LISTING OF LIGRA’S LEGISLATIVE
ACHIEVEMENTS:
1. LIGRA was instrumental in getting the Petroleum Marketing
Practices Act passed. This Act protects retailers from unfair
termination and non-renewals, unless an Oil Company can show just cause.
LIGRA has now worked with our
national association to successfully amend
this act to give the state’s flexibility with their own laws.
2. LIGRA was instrumental in getting the "Right of
Survivorship" Law passed which allows a service station dealer
to bequeath the business to their spouse or adults child. Under this
law, a bequeathment form must be filed with the oil company before a
dealer can exercise this right of survivorship.
3. LIGRA was instrumental in getting a law passed permitting a dealer
to sell his/her franchise. This allows a dealer
to
sell, transfer, or assign the franchise to another person, except under
certain specified circumstances. Thus, a
petroleum company cannot
prohibit or prevent a dealer from selling, transferring, or assigning a
franchise unless they
have good cause and unless the sale, transfer or
assignment is prohibited because of specified reasons, such as fraud.
LIGRA has successfully repealed the nozzle fee in both Nassau &
Suffolk County. We have been successful in working
with the NYC Consumer
Affairs Bureau in easing the burden of the regulatory process for our
City members. LIGRA has
been successful in minimizing the impact of the
Cigarette Ban in both Nassau and Suffolk County. We have been
successful
in keeping our members out of the loop of the Suffolk County Crackhouse
Law, which would have classified
the sale of cigarettes and beer to a
minor as the same offense as selling crack or cocaine. LIGRA has been
successful
in easing the burden of waste oil regulations by making
consumers more responsible for the action.
LIGRA held back the proposed Centralized Auto Emissions Testing
program (when other associations stated, "it was
a done deal") by
bringing the ills of this program to the public’s attention. Today many
of our auto repair shops are enjoying the benefits of the inspection
program, without the expense of new equipment.
These are just some of our Legislative achievements. There have been
many more on all levels of government. LIGRA continues to strive to keep
the voice of our membership in the forefront of all levels of
government.
Legislation For
2005
S T A T E O F N E W Y O R K
________________________________________________________________________
6865
2005-2006 Regular Sessions
I N A S S E M B L Y
March 30, 2005
___________
Introduced by M. of A. DiNAPOLI -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to fees
forinspections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
-
Section 1. Subdivision (c) of section 305 of the vehicle and
traffic
-
law, as amended by chapter 608 of the laws of 1993, is amended
to read
-
as follows:
-
(c) The commissioner {may} SHALL establish {maximum} AT LEAST
EVERY
-
TWO YEARS fees to be charged by an official inspection station.
Such
-
fees shall be ESTABLISHED PURSUANT TO THE FINDINGS OF AN
INDEPENDENT,
-
NATIONALLY RECOGNIZED ENTITY SPECIALIZING IN AUTOMOTIVE REPAIR
INFORMA-
-
TION AND DIAGNOSTICS, VEHICLE MAINTENANCE, LABOR ESTIMATING, AND
REPAIR
-
SHOP MANAGEMENT THAT IS CONTRACTED BY THE DEPARTMENT TO REVIEW
INDUSTRY
-
COSTS ASSOCIATED WITH VEHICLE INSPECTIONS AND RECOMMEND MINIMUM
FEES FOR
-
SUCH SERVICES THAT ARE SUFFICIENT TO ALLOW AN OFFICIAL
INSPECTION
-
STATION TO RECOVER COSTS FOR, AND TO REALIZE A REASONABLE RATE
OF RETURN
-
ON, SUCH INSPECTION SERVICES PERFORMED AS WELL AS FOR THE
FINANCING OF
-
THE REQUIRED INSPECTION EQUIPMENT. THE FEES ESTABLISHED PURSUANT
TO THIS
-
SECTION FOR SUCH INSPECTIONS SHALL BE prominently displayed at
such
-
station. THE COMMISSIONER MAY CONDUCT A PUBLIC HEARING PRIOR TO
THE
-
ESTABLISHMENT OF SUCH FEES.
-
S 2. This act shall take effect immediately and shall apply to
all
-
fees in effect on or after April 1, 2005.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in
brackets
{ } is old law to be omitted.
Emissions
Inspection Legislation
STATE OF NEW YORK
S04714 / A07891
AN
ACT to amend the vehicle and traffic law, in relation to
motor vehicle emissions inspections
S04714- Sponsored by SENATOR JOHNSON
Co-Sponsored by BALBONI, FUSCHILLO, HANNON, LAVALLE, PADAVAN,
SKELOS, SPANO, TRUNZO and VELELLA
A07891 - Sponsored by ASSEMBLYMAN BRODSKY
Co-Sponsored by DiNAPOLI, MAZZARELLI, ENGLEBRIGHT,
HARENBERG and WEISENBERG
SUMMARY OF BILL
Provides that a motor vehicle emissions
inspection conducted on a dynamometer shall cause the vehicle to be
tested for not more than 90 seconds at an equivalent speed not to
exceed 30 miles per hour; authorizes a motor vehicle emissions
inspection station which also conducts a safety inspection on a
motor vehicle, to collect the fee for the safety inspection prior to
conducting the emissions inspection; requires motor vehicle
emissions inspection stations to report to the Commissioner of Motor
Vehicles any damages to a motor vehicle or equipment or personal
injury occurring during an emissions inspection and requires the
department to annually report such information to the governor and
the legislature; requires the commissioners of motor vehicles and
environmental conservation to establish a toll-free hotline for
motor vehicle emissions inspection questions and complaints.
OTHER LEGISLATION... Ask the NYS Senate and Assembly to vote
YES!
PROHIBITION OF MINIMUM GALLON CLAUSES
IN OIL COMPANY LEASE/SUPPLY AGREEMENTS
A.4422a / S.1256a
S.1256a- Introduced by Senators SPANO, BONACIC, LAVALLE, SEWARD,
VELELLA, and VOLKER
A.4422A- Sponsored by Assemblyman BRODKSY
Co-Sponsored by PRETLOW and SWEENEY
SUMMARY OF BILL
Renders void and unenforceable, agreements
between service stations and fuel distributors which require the
service station to purchase and/or sell a minimum amount of motor
fuel.
JUSTIFICATION OF BILL
As a result of reduced gasoline consumption,
contracts, leases or franchise agreements requiring a motor fuel
dealer to purchase or sell a minimum amount of motor fuel from a
distributor will adversely impact small service stations. It is
important that individuals and businesses complying with state and
federal laws and working to improve the quality of the environment
not suffer economic hardship.
Inspection
Equipment Lemon Law
S T A T E O F N E W Y O R
K
________________________________________________________________________
6243
I N S E N A T E
(Prefiled)
January 5, 2000
___________
Introduced by Sen. JOHNSON -- read twice and ordered printed,
and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to
warranties of
motor vehicle emissions
analyzer systems
THE PEOPLE OF THE STATE OF NEW YORK,
REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new
section
2 198-c to read as follows:
3 § 198-C. ANALYZER SYSTEM WARRANTIES. (A) AS USED IN THIS
SECTION:
4 (1) "CONSUMER" MEANS THE PURCHASER, LESSEE OR TRANSFEREE,
OTHER THAN
5 FOR PURPOSES OF RESALE, OF AN ANALYZER SYSTEM WHICH IS USED
PRIMARILY
6 FOR MOTOR VEHICLE HIGH ENHANCED EMISSIONS INSPECTIONS UNDER
THE
7 INSPECTION AND MAINTENANCE PROGRAM AND ANY OTHER PERSON
ENTITLED BY THE
8 TERMS OF THE MANUFACTURER-VENDOR'S EXPRESS WARRANTY TO ENFORCE
THE OBLI-
9 GATIONS OF SUCH WARRANTY.
10 (2) "MANUFACTURER-VENDOR" MEANS ANY PERSON, ASSOCIATION OR
CORPORATION
11 WHICH IS AUTHORIZED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION TO
12 ENGAGE IN THE MANUFACTURE AND/OR SALE OR LEASE OF ANALYZER
SYSTEMS FOR
13 USE IN THE MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM.
14 (3) "ANALYZER SYSTEM" MEANS THE HIGH ENHANCED EMISSIONS
INSPECTION
15 EQUIPMENT THAT IS USED BY AN OFFICIAL MOTOR VEHICLE HIGH
ENHANCED EMIS-
16 SIONS INSPECTION STATION, WHICH WAS SUBJECT TO A
MANUFACTURER-VENDOR'S
17 EXPRESS WARRANTY AT THE TIME OF ORIGINAL DELIVERY AND WAS
PURCHASED,
18 LEASED OR TRANSFERRED IN THIS STATE WITHIN THE FIRST THREE
YEARS FOLLOW-
19 ING THE DATE OF ORIGINAL DELIVERY. AN ANALYZER SYSTEM SHALL
INCLUDE ALL
20 SUCH COMPONENTS AS SHALL BE REQUIRED BY LAW, RULE AND
REGULATION.
21 AN ANALYZER SYSTEM OF AN OFFICIAL MOTOR VEHICLE HIGH ENHANCED
EMIS-
22 SIONS INSPECTION STATION SHALL INCLUDE, BUT NOT BE LIMITED
TO:
23 (I) AN ANALYZER,
24 (II) A COMPUTER,
25 (III) CONTROLLING SOFTWARE,
26 (IV) A COMMUNICATIONS LINK,
27 (V) A PRINTER,
28 (VI) A CAMERA,
PAGE-2
1 (VII) A V-MASSTESTER,
2 (VIII) A DYNAMOMETER, AND
3 (IX) A GAS CAP TESTER APPROVED BY THE DEPARTMENT OF
ENVIRONMENTAL
4 CONSERVATION.
5 (4) "MANUFACTURER-VENDOR'S EXPRESS WARRANTY" OR "WARRANTY"
MEANS THE
6 WRITTEN WARRANTY, SO LABELED, OF THE MANUFACTURER-VENDOR OF AN
ANALYZER
7 SYSTEM, INCLUDING ANY TERMS OR CONDITIONS PRECEDENT TO THE
ENFORCEMENT
8 OF OBLIGATIONS UNDER THAT WARRANTY.
9 (5) "FIRST THREE YEARS FOLLOWING THE DATE OF ORIGINAL
DELIVERY" MEANS
10 THE THREE YEAR PERIOD IMMEDIATELY FOLLOWING THE ORIGINAL
DELIVERY DATE
11 OF AN ANALYZER SYSTEM, AND SHALL BE EXTENDED ONE BUSINESS DAY
FOR EACH
12 BUSINESS DAY DURING WHICH THE ANALYZER SYSTEM WAS OUT OF
SERVICE BY
13 REASON OF REPAIR OF ONE OR MORE NONCONFORMITIES, DEFECTS OR
CONDITIONS.
14 (6) "LESSEE" MEANS ANY CONSUMER WHO LEASES AN ANALYZER SYSTEM
PURSUANT
15 TO A WRITTEN LEASE AGREEMENT WHICH PROVIDES THAT THE LESSEE
IS RESPONSI-
16 BLE FOR REPAIRS TO SUCH ANALYZER SYSTEM.
17 (7) "LEASE PRICE" MEANS THE AGGREGATE OF:
18 (I) THE LESSOR'S ACTUAL PURCHASE COST;
19 (II) THE FREIGHT COST, IF APPLICABLE;
20 (III) THE COST FOR ACCESSORIES, IF APPLICABLE;
21 (IV) ANY FEE PAID TO ANOTHER TO OBTAIN THE LEASE; AND
22 (V) AN AMOUNT EQUAL TO FIVE PERCENT OF THE LESSOR'S ACTUAL
PURCHASE
23 COST AS PRESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
24 (8) "SERVICE FEES" MEANS THE PORTION OF A LEASE PAYMENT
ATTRIBUTABLE
25 TO:
26 (I) AN AMOUNT FOR EARNED INTEREST CALCULATED ON THE RENTAL
PAYMENTS
27 PREVIOUSLY PAID TO THE LESSOR FOR THE LEASED ANALYZER SYSTEM
AT AN ANNU-
28 AL RATE EQUAL TO TWO POINTS ABOVE THE PRIME RATE IN EFFECT ON
THE DATE
29 OF THE EXECUTION OF THE LEASE; AND
30 (II) ANY INSURANCE OR OTHER COSTS EXPENDED BY THE LESSOR FOR
THE BENE-
31 FIT OF THE LESSEE.
32 (9) "CAPITALIZED COST" MEANS THE AGGREGATE DEPOSIT AND RENTAL
PAYMENTS
33 PREVIOUSLY PAID TO THE LESSOR FOR THE LEASED ANALYZER SYSTEM
LESS
34 SERVICE FEES.
35 (B) (1) IF AN ANALYZER SYSTEM WHICH IS SOLD IN THIS STATE
DOES NOT
36 CONFORM TO ALL EXPRESS WARRANTIES DURING THE FIRST THREE
YEARS FOLLOWING
37 THE DATE OF ORIGINAL DELIVERY OF THE ANALYZER SYSTEM TO SUCH
CONSUMER,
38 THE CONSUMER SHALL DURING SUCH PERIOD REPORT THE
NONCONFORMITY, DEFECT
39 OR CONDITION TO THE MANUFACTURER-VENDOR, ITS AGENT OR ITS
AUTHORIZED
40 DEALER. IF THE NOTIFICATION IS RECEIVED BY THE
MANUFACTURER-VENDOR'S
41 AGENT OR AUTHORIZED DEALER, THE AGENT OR DEALER SHALL WITHIN
SEVEN DAYS
42 FORWARD WRITTEN NOTICE THEREOF TO THE MANUFACTURER-VENDOR BY
CERTIFIED
43 MAIL, RETURN RECEIPT REQUESTED, AND SHALL INCLUDE IN SUCH
NOTICE A
44 STATEMENT INDICATING WHETHER OR NOT SUCH REPAIRS HAVE BEEN
UNDERTAKEN.
45 THE MANUFACTURER-VENDOR, ITS AGENT OR ITS AUTHORIZED DEALER
SHALL
46 CORRECT SAID NONCONFORMITY, DEFECT OR CONDITION AT NO CHARGE
TO THE
47 CONSUMER, NOTWITHSTANDING THE FACT THAT SUCH REPAIRS ARE MADE
AFTER THE
48 EXPIRATION OF SUCH THREE YEAR PERIOD.
49 (2) IF A MANUFACTURER-VENDOR'S AGENT OR AUTHORIZED DEALER
REFUSES TO
50 UNDERTAKE REPAIRS WITHIN SEVEN DAYS OF RECEIPT OF THE NOTICE
BY A
51 CONSUMER OF A NONCONFORMITY, DEFECT OR CONDITION PURSUANT TO
PARAGRAPH
52 ONE OF THIS SUBDIVISION, THE CONSUMER MAY IMMEDIATELY FORWARD
WRITTEN
53 NOTICE OF SUCH REFUSAL TO THE MANUFACTURER-VENDOR BY
CERTIFIED MAIL,
54 RETURN RECEIPT REQUESTED. THE MANUFACTURER-VENDOR OR ITS
AUTHORIZED
55 AGENT SHALL HAVE SEVEN DAYS FROM RECEIPT OF SUCH NOTICE OF
REFUSAL TO
56 COMMENCE SUCH REPAIRS. IF WITHIN SUCH SEVEN DAY PERIOD, THE
MANUFACTUR-
PAGE-3
1 ER-VENDOR OR ITS AUTHORIZED AGENT FAILS TO COMMENCE SUCH
REPAIRS, THE
2 MANUFACTURER-VENDOR, AT THE OPTION OF THE CONSUMER, SHALL
REPLACE THE
3 ANALYZER SYSTEM WITH A COMPARABLE ANALYZER SYSTEM, OR ACCEPT
RETURN OF
4 THE ANALYZER SYSTEM FROM THE CONSUMER AND REFUND TO THE
CONSUMER THE
5 FULL PURCHASE PRICE OR, IF APPLICABLE, THE LEASE PRICE AND ANY
TRADE-IN
6 ALLOWANCE PLUS FEES AND CHARGES. SUCH FEES AND CHARGES SHALL
INCLUDE,
7 BUT NOT BE LIMITED TO, ALL GOVERNMENTAL CHARGES AND A
REASONABLE ALLOW-
8 ANCE FOR ANY DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR OR
IMPROVEMENTS. IN
9 ADDITION, THE MANUFACTURER-VENDOR SHALL REIMBURSE THE CONSUMER
FOR ANY
10 COSTS TO THE CONSUMER RELATED TO THE FAILURE ON THE PART OF
THE MANUFAC-
11 TURER-VENDOR TO UNDERTAKE AND COMPLETE THE REPAIRS.
12 (C) (1) IF, WITHIN THE PERIOD SPECIFIED IN SUBDIVISION (B) OF
THIS
13 SECTION, THE MANUFACTURER-VENDOR OR ITS AGENTS OR AUTHORIZED
DEALERS ARE
14 UNABLE TO REPAIR OR CORRECT ANY DEFECT OR CONDITION WHICH
SUBSTANTIALLY
15 IMPAIRS THE VALUE OF THE ANALYZER SYSTEM TO THE CONSUMER
AFTER A REASON-
16 ABLE NUMBER OF ATTEMPTS, THE MANUFACTURER-VENDOR, AT THE
OPTION OF THE
17 CONSUMER, SHALL REPLACE THE ANALYZER SYSTEM WITH A COMPARABLE
ANALYZER
18 SYSTEM, OR ACCEPT RETURN OF THE ANALYZER SYSTEM FROM THE
CONSUMER AND
19 REFUND TO THE CONSUMER THE FULL PURCHASE PRICE OR, IF
APPLICABLE, THE
20 LEASE PRICE AND ANY TRADE-IN ALLOWANCE PLUS FEES AND CHARGES
FOR ANY
21 COSTS TO THE CONSUMER RELATED TO THE FAILURE ON THE PART OF
THE MANUFAC-
22 TURER-VENDOR TO UNDERTAKE AND COMPLETE THE REPAIRS. ANY
RETURN OF AN
23 ANALYZER SYSTEM MAY, AT THE OPTION OF THE CONSUMER, BE MADE
TO THE DEAL-
24 ER OR OTHER AUTHORIZED AGENT OF THE MANUFACTURER-VENDOR WHO
SOLD SUCH
25 ANALYZER SYSTEM TO THE CONSUMER OR TO THE DEALER OR OTHER
AUTHORIZED
26 AGENT WHO ATTEMPTED TO REPAIR OR CORRECT THE DEFECT OR
CONDITION WHICH
27 NECESSITATED THE RETURN AND SHALL NOT BE SUBJECT TO ANY
FURTHER SHIPPING
28 CHARGES. SUCH FEES AND CHARGES SHALL INCLUDE, BUT NOT BE
LIMITED TO, ALL
29 GOVERNMENTAL CHARGES AND A REASONABLE ALLOWANCE FOR ANY
DAMAGE NOT
30 ATTRIBUTABLE TO NORMAL WEAR OR IMPROVEMENTS.
31 (2) A MANUFACTURER-VENDOR WHICH ACCEPTS RETURN OF THE
ANALYZER SYSTEM
32 BECAUSE THE ANALYZER SYSTEM DOES NOT CONFORM TO ITS WARRANTY
SHALL NOTI-
33 FY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION THAT THE
ANALYZER
34 SYSTEM WAS RETURNED TO THE MANUFACTURER-VENDOR FOR
NONCONFORMITY TO ITS
35 WARRANTY AND SHALL DISCLOSE, IN ACCORDANCE WITH THE RULES AND
REGU-
36 LATIONS OF THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
PRIOR TO
37 RESALE EITHER AT WHOLESALE OR RETAIL, THAT IT WAS PREVIOUSLY
RETURNED TO
38 THE MANUFACTURER-VENDOR FOR NONCONFORMITY TO ITS WARRANTY.
REFUNDS SHALL
39 BE MADE TO THE CONSUMER AND LIENHOLDER, IF ANY, AS THEIR
INTERESTS MAY
40 APPEAR ON THE RECORDS OF OWNERSHIP KEPT BY THE DEPARTMENT OF
ENVIRON-
41 MENTAL CONSERVATION. IF APPLICABLE, REFUNDS SHALL BE MADE TO
THE LESSOR
42 AND LESSEE AS THEIR INTERESTS MAY APPEAR ON THE RECORDS OF
OWNERSHIP
43 KEPT BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AS
FOLLOWS: THE
44 LESSEE SHALL RECEIVE THE CAPITALIZED COST AND THE LESSOR
SHALL RECEIVE
45 THE LEASE PRICE LESS THE AGGREGATE DEPOSIT AND RENTAL
PAYMENTS PREVIOUS-
46 LY PAID TO THE LESSOR FOR THE ANALYZER SYSTEM. THE TERMS OF
THE LEASE
47 SHALL BE DEEMED TERMINATED CONTEMPORANEOUSLY WITH THE DATE OF
THE
48 ARBITRATOR'S DECISION AND AWARD AND NO PENALTY FOR EARLY
TERMINATION
49 SHALL BE ASSESSED AS A RESULT THEREOF.
50 (3) IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY CLAIM UNDER
THIS SECTION
51 THAT:
52 (I) THE NONCONFORMITY, DEFECT OR CONDITION DOES NOT
SUBSTANTIALLY
53 IMPAIR SUCH VALUE; OR
54 (II) IF THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
DETERMINES THAT
55 THE MANUFACTURER-VENDOR HAS PROVIDED THE CONSUMER WITH
ADEQUATE TRAINING
56 IN THE USE AND MAINTENANCE OF THE ANALYZER SYSTEM, THE
NONCONFORMITY,
PAGE-4
1 DEFECT OR CONDITION IS THE RESULT OF ABUSE, NEGLECT OR
UNAUTHORIZED
2 MODIFICATIONS OR ALTERATIONS OF THE ANALYZER SYSTEM.
3 (D) IT SHALL BE PRESUMED THAT A REASONABLE NUMBER OF ATTEMPTS
HAVE
4 BEEN UNDERTAKEN TO CONFORM AN ANALYZER SYSTEM TO THE
APPLICABLE EXPRESS
5 WARRANTIES, IF:
6 (1) THE SAME NONCONFORMITY, DEFECT OR CONDITION HAS BEEN
SUBJECT TO
7 REPAIR FOUR OR MORE TIMES BY THE MANUFACTURER-VENDOR OR ITS
AGENTS OR
8 AUTHORIZED DEALERS WITHIN THE FIRST THREE YEARS FOLLOWING THE
DATE OF
9 ORIGINAL DELIVERY OF THE ANALYZER SYSTEM TO A CONSUMER, BUT
SUCH NONCON-
10 FORMITY, DEFECT OR CONDITION CONTINUES TO EXIST; OR
11 (2) THE ANALYZER SYSTEM IS OUT OF SERVICE BY REASON OF REPAIR
OF ONE
12 OR MORE NONCONFORMITIES, DEFECTS OR CONDITIONS FOR A
CUMULATIVE TOTAL OF
13 TWENTY OR MORE CALENDAR DAYS DURING THE FIRST THREE YEARS
FOLLOWING THE
14 DATE OF ORIGINAL DELIVERY.
15 (E) NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT THE RIGHTS
OR REME-
16 DIES WHICH ARE OTHERWISE AVAILABLE TO A CONSUMER UNDER ANY
OTHER LAW.
17 (F) IF A MANUFACTURER-VENDOR HAS ESTABLISHED AN INFORMAL
DISPUTE
18 SETTLEMENT MECHANISM, SUCH MECHANISM SHALL COMPLY IN ALL
RESPECTS WITH
19 THE PROVISIONS OF THIS SECTION AND THE PROVISIONS OF
SUBDIVISION (C) OF
20 THIS SECTION CONCERNING REFUNDS OR REPLACEMENT SHALL NOT
APPLY TO ANY
21 CONSUMER WHO HAS NOT FIRST RESORTED TO SUCH MECHANISM. IN THE
EVENT THAT
22 AN ARBITRATOR IN SUCH AN INFORMAL DISPUTE MECHANISM AWARDS A
REFUND OR
23 REPLACEMENT ANALYZER SYSTEM, HE OR SHE SHALL NOT REDUCE THE
AWARD TO AN
24 AMOUNT LESS THAN THE FULL PURCHASE PRICE OR THE LEASE PRICE,
IF APPLICA-
25 BLE, OR AN ANALYZER SYSTEM OF EQUAL VALUE, PLUS ALL FEES AND
CHARGES,
26 INCLUDING ANY COSTS TO THE CONSUMER RELATED TO THE FAILURE ON
THE PART
27 OF THE MANUFACTURER-VENDOR TO UNDERTAKE AND COMPLETE THE
REPAIRS EXCEPT
28 TO THE EXTENT SUCH REDUCTIONS ARE SPECIFICALLY PERMITTED
UNDER SUBDIVI-
29 SION (C) OF THIS SECTION.
30 (G) A MANUFACTURER-VENDOR SHALL HAVE UP TO THIRTY DAYS FROM
THE DATE
31 THE CONSUMER NOTIFIES THE MANUFACTURER-VENDOR OF HIS OR HER
ACCEPTANCE
32 OF THE ARBITRATOR'S DECISION TO COMPLY WITH THE TERMS OF THAT
DECISION.
33 FAILURE TO COMPLY WITH THE THIRTY DAY LIMITATION SHALL ALSO
ENTITLE THE
34 CONSUMER TO RECOVER A FEE OF TWENTY-FIVE DOLLARS FOR EACH
BUSINESS DAY
35 OF NONCOMPLIANCE UP TO ONE THOUSAND FIVE HUNDRED DOLLARS.
PROVIDED,
36 HOWEVER, THAT NOTHING CONTAINED IN THIS SUBDIVISION SHALL
IMPOSE ANY
37 LIABILITY ON A MANUFACTURER-VENDOR WHERE A DELAY BEYOND THE
THIRTY DAY
38 PERIOD IS ATTRIBUTABLE TO A CONSUMER WHO HAS REQUESTED A
REPLACEMENT
39 ANALYZER SYSTEM BUILT TO ORDER OR WITH OPTIONS THAT ARE NOT
COMPARABLE
40 TO THE ANALYZER SYSTEM BEING REPLACED OR OTHERWISE MADE
COMPLIANCE
41 IMPOSSIBLE WITHIN SUCH PERIOD. IN NO EVENT SHALL A CONSUMER
WHO HAS
42 RESORTED TO AN INFORMAL DISPUTE SETTLEMENT MECHANISM BE
PRECLUDED FROM
43 SEEKING THE RIGHTS OR REMEDIES AVAILABLE BY LAW.
44 (H) ANY AGREEMENT ENTERED INTO BY A CONSUMER FOR THE PURCHASE
OF A NEW
45 ANALYZER SYSTEM WHICH WAIVES, LIMITS OR DISCLAIMS THE RIGHTS
SET FORTH
46 IN THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
SUCH RIGHTS
47 SHALL INURE TO A SUBSEQUENT TRANSFEREE OF SUCH ANALYZER
SYSTEM.
48 ANY PROVISION OF ANY AGREEMENT ENTERED INTO BY A CONSUMER FOR
THE
49 PURCHASE OF A NEW ANALYZER SYSTEM WHICH INCLUDES AS AN
ADDITIONAL COST
50 FOR SUCH ANALYZER SYSTEM AN EXPENSE IDENTIFIED AS BEING FOR
THE PURPOSE
51 OF AFFORDING SUCH CONSUMER HIS OR HER RIGHTS UNDER THIS
SECTION, SHALL
52 BE VOID AS CONTRARY TO PUBLIC POLICY.
53 (I) ANY ACTION BROUGHT PURSUANT TO THIS SECTION SHALL BE
COMMENCED
54 WITHIN FIVE YEARS OF THE DATE OF ORIGINAL DELIVERY OF THE
ANALYZER
55 SYSTEM TO THE CONSUMER.
PAGE-5
1 (J) EACH CONSUMER SHALL HAVE THE OPTION OF SUBMITTING ANY
DISPUTE
2 ARISING UNDER THIS SECTION UPON THE PAYMENT OF A PRESCRIBED
FILING FEE
3 TO AN ALTERNATE ARBITRATION MECHANISM ESTABLISHED PURSUANT TO
REGU-
4 LATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION BY THE
ATTORNEY GENER-
5 AL. UPON APPLICATION OF THE CONSUMER AND PAYMENT OF THE FILING
FEE, ALL
6 MANUFACTURER-VENDORS SHALL SUBMIT TO SUCH ALTERNATE
ARBITRATION.
7 SUCH ALTERNATE ARBITRATION SHALL BE CONDUCTED BY A
PROFESSIONAL ARBI-
8 TRATOR OR ARBITRATION FIRM APPOINTED BY AND UNDER REGULATIONS
ESTAB-
9 LISHED BY THE ATTORNEY GENERAL. SUCH MECHANISM SHALL INSURE
THE PERSONAL
10 OBJECTIVITY OF ITS ARBITRATORS AND THE RIGHT OF EACH PARTY TO
PRESENT
11 ITS CASE, TO BE IN ATTENDANCE DURING ANY PRESENTATION MADE BY
THE OTHER
12 PARTY AND TO REBUT OR REFUTE SUCH PRESENTATION. IN ALL OTHER
RESPECTS,
13 SUCH ALTERNATE ARBITRATION MECHANISM SHALL BE GOVERNED BY
ARTICLE SEVEN-
14 TY-FIVE OF THE CIVIL PRACTICE LAW AND RULES.
15 (K) A COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A
PREVAILING
16 PLAINTIFF OR TO A CONSUMER WHO PREVAILS IN ANY JUDICIAL
ACTION OR
17 PROCEEDING ARISING OUT OF AN ARBITRATION PROCEEDING HELD
PURSUANT TO
18 SUBDIVISION (J) OF THIS SECTION. IN THE EVENT A PREVAILING
PLAINTIFF IS
19 REQUIRED TO RETAIN THE SERVICES OF AN ATTORNEY TO ENFORCE
COLLECTION OF
20 AN AWARD GRANTED PURSUANT TO THIS SECTION, THE COURT MAY
ASSESS AGAINST
21 THE MANUFACTURER-VENDOR REASONABLE ATTORNEY'S FEES FOR
SERVICES RENDERED
22 TO ENFORCE COLLECTION OF SAID AWARD.
23 (L) (1) EACH MANUFACTURER-VENDOR SHALL REQUIRE THAT EACH
INFORMAL
24 DISPUTE SETTLEMENT MECHANISM USED BY IT PROVIDE, AT A
MINIMUM, THE
25 FOLLOWING:
26 (I) THAT THE ARBITRATORS PARTICIPATING IN SUCH MECHANISM ARE
TRAINED
27 IN ARBITRATION AND FAMILIAR WITH THE PROVISIONS OF THIS
SECTION, THAT
28 THE ARBITRATORS AND CONSUMERS WHO REQUEST ARBITRATION ARE
PROVIDED WITH
29 A WRITTEN COPY OF THE PROVISIONS OF THIS SECTION, TOGETHER
WITH THE
30 NOTICE SET FORTH BELOW ENTITLED "ANALYZER SYSTEM LEMON LAW
BILL OF
31 RIGHTS", AND THAT CONSUMERS, UPON REQUEST, ARE GIVEN AN
OPPORTUNITY TO
32 MAKE AN ORAL PRESENTATION TO THE ARBITRATOR;
33 (II) THAT THE RIGHTS AND PROCEDURES USED IN THE MECHANISM
COMPLY WITH
34 FEDERAL REGULATIONS PROMULGATED BY THE FEDERAL TRADE
COMMISSION RELATING
35 TO INFORMAL DISPUTE SETTLEMENT MECHANISMS; AND
36 (III) THAT THE REMEDIES SET FORTH UNDER SUBDIVISION (C) OF
THIS
37 SECTION ARE AWARDED IF, AFTER A REASONABLE NUMBER OF ATTEMPTS
HAVE BEEN
38 UNDERTAKEN UNDER SUBDIVISION (D) OF THIS SECTION TO CONFORM
THE ANALYZER
39 SYSTEM TO THE EXPRESS WARRANTIES, THE DEFECT OR NONCONFORMITY
STILL
40 EXISTS.
41 (2) THE FOLLOWING NOTICE SHALL BE PROVIDED TO CONSUMERS AND
ARBITRA-
42 TORS AND SHALL BE PRINTED IN CONSPICUOUS TEN POINT BOLD FACE
TYPE:
43 ANALYZER SYSTEM LEMON LAW BILL OF RIGHTS
44 (1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE
MANUFACTURER-VENDOR,
45 YOUR NEW ANALYZER SYSTEM, IF PURCHASED AND USED IN NEW YORK
STATE, IS
46 WARRANTED AGAINST ALL MATERIAL DEFECTS FOR THREE YEARS.
47 (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER-VENDOR,
ITS
48 AGENT, OR AUTHORIZED DEALER.
49 (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF
CHARGE.
50 (4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR OR MORE
ATTEMPTS
51 TO REPAIR A PROBLEM; OR IF YOUR ANALYZER SYSTEM IS OUT OF
SERVICE FOR A
52 TOTAL OF TWENTY DAYS DURING THE WARRANTY PERIOD; OR IF THE
MANUFACTUR-
53 ER-VENDOR OR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL DEFECT
OR CONDI-
54 TION WITHIN TWENTY DAYS OF RECEIPT OF NOTICE SENT BY YOU TO
THE MANUFAC-
55 TURER-VENDOR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED;
THEN YOU MAY
56 BE ENTITLED TO EITHER A COMPARABLE ANALYZER SYSTEM OR A
REFUND OF YOUR
PAGE-6
1 PURCHASE PRICE, PLUS ANALYZER SYSTEM FEES, CHARGES AND ANY
COSTS TO THE
2 CONSUMER RELATED TO THE FAILURE ON THE PART OF THE
MANUFACTURER-VENDOR
3 TO UNDERTAKE AND COMPLETE THE REPAIRS, MINUS A USE ALLOWANCE
IF APPLICA-
4 BLE.
5 (5) IF THE MANUFACTURER-VENDOR HAS PROVIDED YOU WITH ADEQUATE
TRAINING
6 IN THE USE AND MAINTENANCE OF YOUR ANALYZER SYSTEM, A
MANUFACTURER-VEN-
7 DOR MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY ABUSE,
NEGLECT, OR
8 UNAUTHORIZED MODIFICATIONS OF THE ANALYZER SYSTEM.
9 (6) A MANUFACTURER-VENDOR MAY REFUSE TO EXCHANGE A COMPARABLE
ANALYZER
10 SYSTEM OR REFUND YOUR PURCHASE PRICE IF THE PROBLEM DOES NOT
SUBSTAN-
11 TIALLY IMPAIR THE VALUE OF YOUR ANALYZER SYSTEM.
12 (7) IF A MANUFACTURER-VENDOR HAS ESTABLISHED AN ARBITRATION
PROCEDURE,
13 THE MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE ANALYZER
SYSTEM OR
14 REFUND YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE
PROCEDURE.
15 (8) IF THE MANUFACTURER-VENDOR DOES NOT HAVE AN ARBITRATION
PROCEDURE,
16 YOU MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO
YOUR ATTOR-
17 NEY'S FEES IF YOU PREVAIL.
18 (9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
19 (10) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE
AVAILABLE
20 THROUGH THE MANUFACTURER-VENDOR, YOU MAY INSTEAD CHOOSE TO
SUBMIT YOUR
21 CLAIM TO AN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY
GENERAL.
22 YOU MAY HAVE TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT
YOUR LOCAL
23 CONSUMER OFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW
TO ARRANGE
24 FOR INDEPENDENT ARBITRATION.
25 (3) ALL INFORMAL DISPUTE SETTLEMENT MECHANISMS SHALL MAINTAIN
THE
26 FOLLOWING RECORDS:
27 (I) THE NUMBER OF PURCHASE PRICE AND LEASE PRICE REFUNDS AND
ANALYZER
28 SYSTEM REPLACEMENTS REQUESTED, THE NUMBER OF EACH AWARDED IN
ARBI-
29 TRATION, THE AMOUNT OF EACH AWARD AND THE NUMBER OF AWARDS
THAT WERE
30 COMPLIED WITH IN A TIMELY MANNER;
31 (II) THE NUMBER OF AWARDS WHERE ADDITIONAL REPAIRS OR A
WARRANTY
32 EXTENSION WAS THE MOST PROMINENT REMEDY, THE AMOUNT OR VALUE
OF EACH
33 AWARD, AND THE NUMBER OF SUCH AWARDS THAT WERE COMPLIED WITH
IN A TIMELY
34 MANNER;
35 (III) THE NUMBER AND TOTAL DOLLAR AMOUNT OF AWARDS WHERE SOME
FORM OF
36 REIMBURSEMENT FOR EXPENSES OR COMPENSATION FOR LOSSES WAS THE
MOST PROM-
37 INENT REMEDY, THE AMOUNT OR VALUE OF EACH AWARD AND THE
NUMBER OF SUCH
38 AWARDS THAT WERE COMPLIED WITH IN A TIMELY MANNER; AND
39 (IV) THE AVERAGE NUMBER OF DAYS FROM THE DATE OF A CONSUMER'S
INITIAL
40 REQUEST TO ARBITRATE UNTIL THE DATE OF THE FINAL ARBITRATOR'S
DECISION
41 AND THE AVERAGE NUMBER OF DAYS FROM THE DATE OF THE FINAL
ARBITRATOR'S
42 DECISION TO THE DATE ON WHICH PERFORMANCE WAS SATISFACTORILY
CARRIED
43 OUT.
44 (M) AT THE TIME OF PURCHASE OR LEASE OF AN ANALYZER SYSTEM
FROM AN
45 AUTHORIZED DEALER IN THIS STATE, THE MANUFACTURER-VENDOR
SHALL PROVIDE
46 TO THE DEALER OR LEASEHOLDER, AND THE DEALER OR LEASEHOLDER
SHALL
47 PROVIDE TO THE CONSUMER A NOTICE, PRINTED IN NOT LESS THAN
EIGHT POINT
48 BOLD FACE TYPE, ENTITLED "ANALYZER SYSTEM LEMON LAW BILL OF
RIGHTS". THE
49 TEXT OF SUCH NOTICE SHALL BE IDENTICAL WITH THE NOTICE
REQUIRED BY PARA-
50 GRAPH TWO OF SUBDIVISION (L) OF THIS SECTION.
51 § 2. This act shall take effect on the first day of September
next
52 succeeding the date on which it shall have become a law;
provided,
53 however, that any rules and regulations necessary to
implement the
54 provisions of this act on its effective date are authorized
and directed
55 to be promulgated on or before such date.
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