Bill Text: NY A06522 | 2013-2014 | General Assembly | Amended
Bill Title: Requires motor vehicle dealers to search for recalls prior to selling a used motor vehicle and requires the dealer to either make the required repairs or to notify the purchaser, in writing, of the recall.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Engrossed - Dead) 2014-03-04 - REFERRED TO CONSUMER PROTECTION [A06522 Detail]
Download: New_York-2013-A06522-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6522--B 2013-2014 Regular Sessions I N A S S E M B L Y April 4, 2013 ___________ Introduced by M. of A. DenDEKKER, MAISEL, BENEDETTO, DINOWITZ, COOK, BUCHWALD, MONTESANO, ROBINSON, HOOPER, GALEF, GRAF, GABRYSZAK -- Multi-Sponsored by -- M. of A. GOTTFRIED, SEPULVEDA, STEVENSON, WEIS- ENBERG -- 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 -- again reported from said committee with amendments, 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 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 S 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" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE 6 AND TRAFFIC LAW. 7 (B) "USED MOTOR VEHICLE" MEANS ANY VEHICLE WHICH IS NOT DEEMED A "NEW 8 MOTOR VEHICLE" PURSUANT TO PARAGRAPH H OF SUBDIVISION ONE OF SECTION 9 FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW. 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 HAS ISSUED ANY RECALL APPLICABLE TO 13 SUCH USED MOTOR VEHICLE. UPON DETERMINING THAT A MANUFACTURER HAS ISSUED 14 ANY RECALL APPLICABLE TO SUCH USED MOTOR VEHICLE, A DEALER, OR HIS OR 15 HER AGENT, MUST: 16 (A) MAKE OR CAUSE REPAIRS TO BE MADE PURSUANT TO THE MANUFACTURER'S 17 RECALL SUCH THAT THE RECALL IS SATISFIED; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09771-06-3 A. 6522--B 2 1 (B) PROVIDE THE PROSPECTIVE BUYER, IN A SEPARATE WRITTEN NOTICE, A 2 LISTING OF ANY AND ALL MANUFACTURER'S RECALLS APPLICABLE TO SUCH USED 3 MOTOR VEHICLE. 4 S 2. This act shall take effect immediately.