Bill Text: NY A06041 | 2021-2022 | General Assembly | Introduced

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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 3-0)

Status: (Engrossed - Dead) 2022-03-31 - REFERRED TO CONSUMER PROTECTION [A06041 Detail]

Download: New_York-2021-A06041-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6041

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 4, 2021
                                       ___________

        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee 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.
                                                                   LBD02351-01-1
        A. 6041                             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.