| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to consumer protection |
| Jun 11, 2013 |
print number 5616a |
| Jun 11, 2013 |
amend and recommit to consumer protection |
| May 29, 2013 |
referred to consumer protection |
Senate Bill S5616A
2013-2014 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
Bill Amendments
2013-S5616 - Details
- See Assembly Version of this Bill:
- A6522
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §198-d, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S5209, A4125
2017-2018: A2665
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549
2025-2026: A2176
2013-S5616 - Sponsor Memo
BILL NUMBER:S5616
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
require that whenever a dealer sells a used motor vehicle, the dealer
shall check to see if there are any manufacturer's recalls on such
motor vehicle. If there are any recalls on the motor vehicle, then the
dealer shall either make the repairs required by the manufacturer's
recall, bring the vehicle to an authorized dealer and have the recall
satisfied, or notify the purchaser, in writing, of any manufacturer's
recalls applicable to the motor vehicle being purchased.
SUMMARY OF SPECIFIC PROVISIONS: The general business law is amended by
adding a new section 398-e.
JUSTIFICATION: Currently, when a motor vehicle recall is initiated by
a manufacturer, the manufacturer is required to contact the registered
owners of those vehicles and notify them that a safety recall is in
place. It is also required to notify the owners that it will repair
that vehicle at no cost to the vehicle owner. However, many times
people sell or trade-in their vehicle to dealers or third parties, and
the manufacturer has no way of notifying the person or entity that has
possession of the vehicle of the safety recall. This new legislation
2013-S5616 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5616
2013-2014 Regular Sessions
I N S E N A T E
May 29, 2013
___________
Introduced by Sen. SAVINO -- 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 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:
Section 1. The general business law is amended by adding a new section
398-e to read as follows:
S 398-E. USED MOTOR VEHICLES; RECALLS. 1. THE FOLLOWING TERMS WHEN
USED IN THIS SECTION, SHALL BE DEEMED TO MEAN AND INCLUDE:
(A) "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
AND TRAFFIC LAW.
(B) "MOTOR VEHICLE" AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF
THE VEHICLE AND TRAFFIC LAW AND EXCLUDING CLASS A, B AND C LIMITED USE
MOTORCYCLES AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHI-
CLE AND TRAFFIC LAW.
2. WHENEVER A DEALER SELLS A USED MOTOR VEHICLE, THE DEALER SHALL
CHECK TO SEE IF THERE HAVE BEEN ANY MANUFACTURER'S RECALLS ON SUCH MOTOR
VEHICLE AND SHALL EITHER MAKE THE REPAIRS REQUIRED BY THE MANUFACTURER'S
RECALL OR NOTIFY THE PURCHASER, IN WRITING, OF ANY AND ALL MANUFACTUR-
ER'S RECALLS APPLICABLE TO THE MOTOR VEHICLE BEING PURCHASED.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09771-01-3
2013-S5616A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6522
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §198-d, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S5209, A4125
2017-2018: A2665
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549
2025-2026: A2176
2013-S5616A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5616A
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
require that whenever a dealer sells a used motor vehicle, the dealer
shall check to see if there are any manufacturer's recalls on such
motor vehicle. If there are any recalls on the motor vehicle, then the
dealer shall either make the repairs required by the manufacturer's
recall, bring the vehicle to an authorized dealer and have the recall
satisfied, or notify the purchaser, in writing, of any manufacturer's
recalls applicable to the motor vehicle being purchased.
SUMMARY OF SPECIFIC PROVISIONS: The general business law is amended by
adding a new section 198-d.
JUSTIFICATION: Currently, when a motor vehicle recall is initiated by
a manufacturer, the manufacturer is required to contact the registered
owners of those vehicles and notify them that a safety recall is in
place. It is also required to notify the owners that it will repair
that vehicle at no cost to the vehicle owner. However, many times
people sell or trade-in their vehicle to dealers or third parties, and
the manufacturer has no way of notifying the person or entity that has
possession of the vehicle of the safety recall. This new legislation
2013-S5616A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5616--A
2013-2014 Regular Sessions
I N S E N A T E
May 29, 2013
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer 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:
Section 1. The general business law is amended by adding a new section
198-d to read as follows:
S 198-D. USED MOTOR VEHICLES; RECALLS. 1. FOR THE PURPOSE OF THIS
SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
AND TRAFFIC LAW.
(B) "USED MOTOR VEHICLE" MEANS ANY VEHICLE WHICH IS NOT DEEMED A "NEW
MOTOR VEHICLE" PURSUANT TO PARAGRAPH H OF SUBDIVISION ONE OF SECTION
FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
2. PRIOR TO OFFERING A CONTRACT FOR SALE OF A USED MOTOR VEHICLE AT
RETAIL, THE DEALER, OR HIS OR HER AGENT, SHALL MAKE A GOOD FAITH EFFORT
TO DETERMINE WHETHER A MANUFACTURER HAS ISSUED ANY RECALL APPLICABLE TO
SUCH USED MOTOR VEHICLE. UPON DETERMINING THAT A MANUFACTURER HAS ISSUED
ANY RECALL APPLICABLE TO SUCH USED MOTOR VEHICLE, A DEALER, OR HIS OR
HER AGENT, MUST:
(A) MAKE OR CAUSE REPAIRS TO BE MADE PURSUANT TO THE MANUFACTURER'S
RECALL SUCH THAT THE RECALL IS SATISFIED; OR
(B) PROVIDE THE PROSPECTIVE BUYER, IN A SEPARATE WRITTEN NOTICE, A
LISTING OF ANY AND ALL MANUFACTURER'S RECALLS APPLICABLE TO SUCH USED
MOTOR VEHICLE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09771-07-3
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