STATE OF NEW YORK
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5194
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
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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.