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


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) 2019-02-07 - referred to consumer affairs and protection [A05194 Detail]

Download: New_York-2019-A05194-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5194
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
          Committee on Consumer Affairs and 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 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.
    19    § 2. Section 199 of the general business law, as added by chapter  900
    20  of  the  laws  of  1956  and as renumbered by chapter 582 of the laws of
    21  1970, is amended to read as follows:
    22    § 199. Penalties. Any  person,  firm,  or  corporation  violating  the
    23  provisions  of  section  one hundred [ninety-six] ninety-eight-d of this
    24  article shall be liable in an action brought on behalf of the people  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07797-01-9

        A. 5194                             2
     1  the state of New York in the sum of [one] five thousand dollars for each
     2  [of] such [violations] violation.
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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