senate Bill S358

2013-2014 Legislative Session

Requires a car dealer to notify the consumer as to whether the vehicle to be purchased was manufactured for introduction into the American market or into a foreign market

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S358 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd ยง198-b, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3328
2009-2010: S1966

S358 - Bill Texts

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Requires a car dealer to notify the consumer as to whether the vehicle to be purchased was manufactured for introduction into the American market or into a foreign market.

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BILL NUMBER:S358

TITLE OF BILL:
An act
to amend the general business law, in relation to requiring the
disclosure of the market for which a vehicle was manufactured

PURPOSE:
This legislation would require a car dealer doing business in New York
State to notify a consumer as to whether the vehicle to be purchased
was manufactured for introduction into the American market or into a
foreign market.

SUMMARY OF PROVISIONS:
Section 1 amends section 198-b of the General Business Law by adding a
new subdivision h to require the disclosure of an intended market.
The section requires that an automobile dealer must disclose in
writing to the consumer whether the vehicle being purchased by the
consumer was manufactured for introduction into the American market,
or whether such vehicle was manufactured for introduction into a
foreign market.

EXISTING LAW:
Existing law requires that no dealer shall sell or lease a motor
vehicle to a consumer without giving the consumer a written warranty"
There are no provisions requiring disclosure that an automobile was
built for a foreign market.

JUSTIFICATION:
"Gray market" vehicles are automobiles that were purchased in Canada
and sold in the United States. Upon entry to the US, these cars are
considered to be "used" for resale purposes. Any warranty offered by
the manufacturer of the vehicle is voided once the automobile is sold
in the United States and as a result, "gray market" vehicles have no
warranty protection provided by the manufacturer, and instead rely
upon warranties purchased by the dealer selling the automobile.

This legislation would install a provision in the General Business Law
requiring the seller of a new or used automobile to disclose in
writing to the buyer if the vehicle to be sold was manufactured for
the American market or a foreign market"

LEGISLATIVE HISTORY:
2001-02: S.6041 No action
2003-04: S.943 No action
2005-06: S.2087 Referred to Consumer Protection
2007-08: S.2751 Referred to Consumer Protection
2009-10: S.1966/A.3908 Referred to Consumer Protection
2011-12: S.3328/A.2640 Referred to Consumer Protection

FISCAL IMPLICATIONS:
None to New York State.

EFFECTIVE DATE:
This bill shall take effect immediately.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   358

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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  requiring  the
  disclosure of the market for which a vehicle was manufactured

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 198-b of the general business  law  is  amended  by
adding a new subdivision h to read as follows:
  H. DISCLOSURE OF INTENDED MARKET. A DEALER MUST DISCLOSE IN WRITING TO
THE  CONSUMER  WHETHER  THE  VEHICLE BEING PURCHASED BY THE CONSUMER WAS
MANUFACTURED FOR INTRODUCTION INTO THE AMERICAN MARKETPLACE, OR  WHETHER
SUCH  VEHICLE  WAS  MANUFACTURED FOR INTRODUCTION INTO A FOREIGN MARKET-
PLACE.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02420-01-3

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