S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6522--A
                              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
       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, THE
   11  DEALER, OR HIS OR HER AGENT, SHALL MAKE A GOOD FAITH EFFORT TO DETERMINE
   12  WHETHER A MANUFACTURER HAS ISSUED ANY RECALL  APPLICABLE  TO  SUCH  USED
   13  MOTOR  VEHICLE.  UPON  DETERMINING  THAT  A  MANUFACTURER HAS ISSUED ANY
   14  RECALL APPLICABLE TO SUCH USED MOTOR VEHICLE, A DEALER, OR  HIS  OR  HER
   15  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
   18    (B) PROVIDE THE PROSPECTIVE BUYER, IN A  SEPARATE  WRITTEN  NOTICE,  A
   19  LISTING  OF  ANY  AND ALL MANUFACTURER'S RECALLS APPLICABLE TO SUCH USED
   20  MOTOR VEHICLE.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09771-04-3