Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 21, 2012 |
referred to codes delivered to assembly passed senate |
Jun 18, 2012 |
amended on third reading (t) 6872b |
May 21, 2012 |
amended on third reading 6872a |
May 02, 2012 |
advanced to third reading |
May 01, 2012 |
2nd report cal. |
Apr 30, 2012 |
1st report cal.615 |
Apr 02, 2012 |
referred to consumer protection |
Senate Bill S6872
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2011-S6872 - Details
- Current Committee:
- Assembly Codes
- Law Section:
- General Business Law
- Laws Affected:
- Amd §198-b, Gen Bus L
2011-S6872 - Sponsor Memo
BILL NUMBER:S6872 TITLE OF BILL: An act to amend the general business law, in relation to the refund to a consumer of money from a used car dealership for failing to correct a malfunction or defect PURPOSE OR GENERAL IDEA OF BILL: To include within the Used Car Lemon Law a similar provision to one that exists within the New Car Lemon Law. SUMMARY OF SPECIFIC PROVISIONS: This bill amends paragraph 1 and sub-paragraph f of paragraph 3 of subdivision c of Section 198-b of the General Business Law to establish a mileage credit for cars that qualify under the Used Car Lemon Law. JUSTIFICATION: On December 14, 2006 the Court of Appeals issued a decision in the combined cases of In the Matter of General Motors Corporation v. James Warner and In the Matter of Daimler Chrysler corporation v. Eliot Spitzer. 7 N.Y.3d 653 that upheld the Attorney General's revised interpretation of the New Car Lemon Law. The Attorney General's new interpretation held that a consumer may be
2011-S6872 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6872 I N S E N A T E April 2, 2012 ___________ Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the refund to a consumer of money from a used car dealership for failing to correct a malfunction or defect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision c of section 198-b of the gener- al business law, as amended by chapter 444 of the laws of 1989, is amended to read as follows: 1. If the dealer or his agent fails to correct a malfunction or defect as required by the warranty specified in this section which substantial- ly impairs the value of the used motor vehicle to the consumer after a reasonable period of time, the dealer shall accept return of the used motor vehicle from the consumer and refund to the consumer the full purchase price, or in the case of a lease contract all payments made under the contract, including sales or compensating use tax, less AN AMOUNT EQUAL TO TWENTY-FIVE CENTS PER MILE FOR EACH MILE IN EXCESS OF THE MILEAGE APPLICABLE TO THE VEHICLE CONTAINED IN SUBDIVISION B OF THIS SECTION THAT THE VEHICLE HAS BEEN DRIVEN SINCE THE CONSUMER PURCHASED OR LEASED THE VEHICLE FROM THE DEALER, AND LESS a reasonable allowance for any damage not attributable to normal wear or usage, and adjustment for any modifications which either increase or decrease the market value of the vehicle or of the lease contract, and in the case of a lease contract, shall cancel all further payments due from the consumer under the lease contract. In determining the purchase price to be refunded or in determining all payments made under a lease contract to be refunded, the purchase price, or all payments made under a lease contract, shall be deemed equal to the sum of the actual cash difference paid for the used motor vehicle, or for the lease contract, plus, if the dealer elects to not return any vehicles traded-in by the consumer, the whole- sale value of any such traded-in vehicles as listed in the National Auto Dealers Association Used Car Guide, or such other guide as may be speci- fied in regulations promulgated by the commissioner of motor vehicles, as adjusted for mileage, improvements, and any major physical or mechan- ical defects in the traded-in vehicle at the time of trade-in. The deal- er selling or leasing the used motor vehicle shall deliver to the
2011-S6872A - Details
- Current Committee:
- Assembly Codes
- Law Section:
- General Business Law
- Laws Affected:
- Amd §198-b, Gen Bus L
2011-S6872A - Sponsor Memo
BILL NUMBER:S6872A TITLE OF BILL: An act to amend the general business law, in relation to the refund to a consumer of money from a used car dealership for failing to correct a malfunction or defect PURPOSE OR GENERAL IDEA OF BILL: To include within the Used Car Lemon Law a similar provision to one that exists within the New Car Lemon Law. SUMMARY OF SPECIFIC PROVISIONS: This bill amends paragraph 1 and subparagraph f of paragraph 3 of subdivision c of Section 198-b of the General Business Law to establish a mileage credit for cars that qualify under the Used Car Lemon Law. JUSTIFICATION: On December 14, 2006 the Court of Appeals issued a decision in the combined cases of In the Matter of General Motors Corporation v. James Warner and In the Matter of Daimler Chrysler Corporation v. Eliot Spitzer. 7 N.Y.3d 653 that upheld the Attorney General's revised interpretation of the New Car Lemon Law. The
2011-S6872A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6872--A Cal. No. 615 I N S E N A T E April 2, 2012 ___________ Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law, in relation to the refund to a consumer of money from a used car dealership for failing to correct a malfunction or defect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision c of section 198-b of the gener- al business law, as amended by chapter 444 of the laws of 1989, is amended and a new paragraph 5 is added to read as follows: 1. If the dealer or his agent fails to correct a malfunction or defect as required by the warranty specified in this section which substantial- ly impairs the value of the used motor vehicle to the consumer after a reasonable period of time, the dealer shall accept return of the used motor vehicle from the consumer and refund to the consumer the full purchase price, or in the case of a lease contract all payments made under the contract, including sales or compensating use tax, less AN AMOUNT EQUAL TO A MILAGE CREDIT, AS CALCULATED PURSUANT TO PARAGRAPH FIVE OF THIS SUBDIVISION, FOR EACH MILE IN EXCESS OF THE MILEAGE APPLI- CABLE TO THE VEHICLE CONTAINED IN SUBDIVISION B OF THIS SECTION THAT THE VEHICLE HAS BEEN DRIVEN SINCE THE CONSUMER PURCHASED OR LEASED THE VEHI- CLE FROM THE DEALER, AND LESS a reasonable allowance for any damage not attributable to normal wear or usage, and adjustment for any modifica- tions which either increase or decrease the market value of the vehicle or of the lease contract, and in the case of a lease contract, shall cancel all further payments due from the consumer under the lease contract. In determining the purchase price to be refunded or in deter- mining all payments made under a lease contract to be refunded, the purchase price, or all payments made under a lease contract, shall be deemed equal to the sum of the actual cash difference paid for the used motor vehicle, or for the lease contract, plus, if the dealer elects to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
2011-S6872B (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- General Business Law
- Laws Affected:
- Amd §198-b, Gen Bus L
2011-S6872B (ACTIVE) - Sponsor Memo
BILL NUMBER:S6872B TITLE OF BILL: An act to amend the general business law and the executive law, in relation to the refund to a consumer of money from a used car dealership for failing to correct a malfunction or defect PURPOSE OR GENERAL IDEA OF BILL: To include within the Used Car Lemon Law a similar provision to one that exists within the New Car Lemon Law. SUMMARY OF SPECIFIC PROVISIONS: This bill amends paragraph 1 and subparagraph f of paragraph 3 of subdivision c of Section 198-b of the General Business Law to establish a mileage credit for cars that qualify under the Used Car Lemon Law. JUSTIFICATION: On December 14, 2006 the Court of Appeals issued a decision in the combined cases of In the Matter of General Motors Corporation v. James Warner and In the Matter of Daimler Chrysler Corporation v. Eliot Spitzer. 7 N.Y.3d 653 that upheld the Attorney General's revised interpretation of the New Car Lemon Law. The Attorney General's new interpretation held that a consumer may be entitled to relief if, within the prescribed periods, four or more unsuccessful repair attempts were made or the vehicle was out of service for 30 days,
2011-S6872B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6872--B Cal. No. 615 I N S E N A T E April 2, 2012 ___________ Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law and the executive law, in relation to the refund to a consumer of money from a used car dealer- ship for failing to correct a malfunction or defect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision c of section 198-b of the gener- al business law, as amended by chapter 444 of the laws of 1989, is amended and a new paragraph 5 is added to read as follows: 1. If the dealer or his agent fails to correct a malfunction or defect as required by the warranty specified in this section which substantial- ly impairs the value of the used motor vehicle to the consumer after a reasonable period of time, the dealer shall accept return of the used motor vehicle from the consumer and refund to the consumer the full purchase price, or in the case of a lease contract all payments made under the contract, including sales or compensating use tax, less AN AMOUNT EQUAL TO A MILEAGE CREDIT ALLOWANCE AS CALCULATED PURSUANT TO THE METHODS SET FORTH IN PARAGRAPH FIVE OF THIS SUBDIVISION, FOR EACH MILE IN EXCESS OF THE WARRANTY MILEAGE APPLICABLE TO THE VEHICLE CONTAINED IN SUBDIVISION B OF THIS SECTION THAT THE VEHICLE HAS BEEN DRIVEN SINCE THE DATE OF DELIVERY OF SUCH VEHICLE BY THE DEALER TO THE CONSUMER, AND LESS a reasonable allowance for any damage not attributable to normal wear or usage, and adjustment for any modifications which either increase or decrease the market value of the vehicle or of the lease contract, and in the case of a lease contract, shall cancel all further payments due from the consumer under the lease contract. In determining the purchase price to be refunded or in determining all payments made under a lease contract to be refunded, the purchase price, or all payments made under a lease contract, shall be deemed equal to the sum of the actual cash EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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