Bill Text: NY S06059 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S06059 Detail]

Download: New_York-2019-S06059-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6059

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  THOMAS -- 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 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.
    21    §  2. Section 199 of the general business law, as added by chapter 900
    22  of the laws of 1956 and as renumbered by chapter  582  of  the  laws  of
    23  1970, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07797-03-9
        S. 6059                             2

     1    §  199.  Penalties.  Any  person,  firm,  or corporation violating the
     2  provisions of section one hundred [ninety-six]  ninety-eight-d  of  this
     3  article  shall be liable in an action brought on behalf of the people of
     4  the state of New York in the sum of [one] five thousand dollars for each
     5  [of] such [violations] violation.
     6    §  3.  This  act shall take effect on the ninetieth day after it shall
     7  have become a law.