Bill Text: NY A05194 | 2019-2020 | General Assembly | Amended


Bill Title: Requires motor vehicle dealers to search for recalls and make certain repairs prior to selling a used motor vehicle.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed) 2019-06-13 - REFERRED TO RULES [A05194 Detail]

Download: New_York-2019-A05194-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5194--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2019
                                       ___________

        Introduced  by  M. of A. DenDEKKER, SAYEGH, DeSTEFANO, MORINELLO -- read
          once and referred to the Committee on Consumer Affairs and  Protection
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend the general business law, in relation to requiring motor
          vehicle dealers to search for recalls and make certain  repairs  prior
          to selling a used motor vehicle

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  198-d to read as follows:
     3    § 198-d. Used motor vehicles; recalls. 1.   For the  purpose  of  this
     4  section, the following words shall have the following meanings:
     5    (a)  "Dealer"  shall  have  the  same meaning as in paragraph three of
     6  subdivision a of section one hundred ninety-eight-b of this article.
     7    (b) "Used motor vehicle" shall have the same meaning as  in  paragraph
     8  two of subdivision a of section one hundred ninety-eight-b of this arti-
     9  cle.
    10    2.  Prior  to  offering a contract for sale of a used motor vehicle at
    11  retail, the dealer, or his or her agent, shall make a good faith  effort
    12  to  determine  whether  a  manufacturer  or the national highway traffic
    13  safety administration has issued any  recall  applicable  to  such  used
    14  motor  vehicle.  Upon  determining  that a manufacturer or such adminis-
    15  tration has issued any recall applicable to such used motor  vehicle,  a
    16  dealer,  or his or her agent, must: (a) make or cause repairs to be made
    17  pursuant to the manufacturer's or such administration's recall such that
    18  the recall is satisfied; or (b) provide  the  prospective  buyer,  in  a
    19  separate written notice, a listing of any and all manufacturer's recalls
    20  applicable to such used motor vehicle.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07797-02-9

        A. 5194--A                          2

     1    §  2. Section 199 of the general business law, as added by chapter 900
     2  of the laws of 1956 and as renumbered by chapter  582  of  the  laws  of
     3  1970, is amended to read as follows:
     4    §  199.  Penalties.  Any  person,  firm,  or corporation violating the
     5  provisions of section one hundred [ninety-six]  ninety-eight-d  of  this
     6  article  shall be liable in an action brought on behalf of the people of
     7  the state of New York in the sum of [one] five thousand dollars for each
     8  [of] such [violations] violation.
     9    § 3. This act shall take effect on the ninetieth day  after  it  shall
    10  have become a law.
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