Gov. Josh Shapiro is pictured before a recent event talking with Sen. Marty Flynn, D-Scanton. Scranton is circulating a co-sponsorship memorandum for legislation he is drafting that would prohibit manufacturers from charging a monthly fee for features like heated seats.

It may not go anywhere, but at least one member of the state Legislature wants to keep car makers from charging for features that have, in the past, been free.

Sen. Marty Flynn, D-Scranton, is circulating a co-sponsorship memorandum for legislation he is drafting that would prohibit manufacturers from charging a monthly fee for features like heated seats. A similar bill has been introduced in the New Jersey state legislature, where it has been approved by two legislative committees before being amended in January.

BMW began selling a subscription for heated seats in its new cars in 2020, when the company also announced its cars’ operating system will allow for microtransactions on features like automatic high beams and adaptive cruise control. BMW also offers heated steering wheels, the option to record footage from a car’s cameras and the ability to play engine sounds in a car, each with either a one-time or monthly fee.

“A new, worrisome trend that automakers have begun to contemplate — and, in some cases, implement — is applying this subscription-based model to hardware features already present on a vehicle,” Flynn wrote in his legislative memorandum. “For instance, outside the United States, BMW began a program requiring subscriptions for heated seats. The vehicles already had all of the necessary equipment installed at time of purchase, but consumers were forced to pay an additional, recurring cost to activate and utilize that feature on their vehicles. This may be good for corporate bottom lines, but it is bad for consumers.”

Mercedes is offering a $1,200 upgrade that will give some of its newer vehicles more horsepower — though the upgrade isn’t a bigger engine. The additional payment simply unlocks an existing 20% to 24% of additional horsepower already found in the existing engine package.

Flynn’s legislation wouldn’t apply to all add-ons, like SiriusXM.

“I intend to introduce legislation prohibiting automotive dealers and manufacturers from offering subscription services for motor vehicle features that are already installed on the vehicle at the time of purchase or lease,” Flynn wrote. “This legislation would not apply to features that would require ongoing expenses to the dealer, manufacturer or third-party service provider, nor would it apply to any third-party services. A violation of the legislation’s provisions would trigger a civil penalty of $5,000 for each instance.”

According to an April 2022 Cox Automotive survey, three-quarters of consumers surveyed don’t want to pay an annual or monthly subscription fee, preferring instead to pay up front for features or services they want. That applied specifically to safety and comfort features like heated and cooled seats and remote start. Poll respondents also favored keeping safety features like lane-keeping assist and automatic emergency braking as part of the initial purchase price.