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Assembly Bill A5194

2019-2020 Legislative Session

Requires motor vehicle dealers to search for recalls and make certain repairs prior to selling a used motor vehicle

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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Bill Amendments

co-Sponsors

2019-A5194 (ACTIVE) - Details

See Senate Version of this Bill:
S6059
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §198-d, amd §199, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6522
2015-2016: A4125
2017-2018: A2665
2021-2022: A6041, S148
2023-2024: A6549, S357
2025-2026: A2176, S5596

2019-A5194 (ACTIVE) - Summary

Requires motor vehicle dealers to search for recalls and make certain repairs prior to selling a used motor vehicle.

2019-A5194 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5194
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring motor
   vehicle dealers to search for recalls and make certain  repairs  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:
   § 198-D. USED MOTOR VEHICLES; RECALLS. 1.   FOR THE  PURPOSE  OF  THIS
 SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "DEALER"  SHALL  HAVE  THE  SAME MEANING AS IN PARAGRAPH THREE OF
 SUBDIVISION A OF SECTION ONE HUNDRED NINETY-EIGHT-B OF THIS ARTICLE.
   (B) "USED MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS  IN  PARAGRAPH
 TWO OF SUBDIVISION A OF SECTION ONE HUNDRED NINETY-EIGHT-B OF THIS ARTI-
 CLE.
   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  OR THE NATIONAL HIGHWAY TRAFFIC
 SAFETY ADMINISTRATION HAS ISSUED ANY  RECALL  APPLICABLE  TO  SUCH  USED
 MOTOR  VEHICLE.  UPON  DETERMINING  THAT A MANUFACTURER OR SUCH ADMINIS-
 TRATION HAS ISSUED ANY RECALL APPLICABLE TO SUCH USED MOTOR  VEHICLE,  A
 DEALER,  OR  HIS  OR  HER  AGENT,  MUST MAKE OR CAUSE REPAIRS TO BE MADE
 PURSUANT TO THE MANUFACTURER'S OR SUCH ADMINISTRATION'S RECALL SUCH THAT
 THE RECALL IS SATISFIED.
   § 2. Section 199 of the general business law, as added by chapter  900
 of  the  laws  of  1956  and as renumbered by chapter 582 of the laws of
 1970, is amended to read as follows:
   § 199. Penalties. Any  person,  firm,  or  corporation  violating  the
 provisions  of  section  one hundred [ninety-six] NINETY-EIGHT-D of this
 article shall be liable in an action brought on behalf of the people  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A5194A - Details

See Senate Version of this Bill:
S6059
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §198-d, amd §199, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6522
2015-2016: A4125
2017-2018: A2665
2021-2022: A6041, S148
2023-2024: A6549, S357
2025-2026: A2176, S5596

2019-A5194A - Summary

Requires motor vehicle dealers to search for recalls and make certain repairs prior to selling a used motor vehicle.

2019-A5194A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5194--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. DenDEKKER, SAYEGH, DeSTEFANO, MORINELLO -- 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 and make certain  repairs  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:
   § 198-D. USED MOTOR VEHICLES; RECALLS. 1.   FOR THE  PURPOSE  OF  THIS
 SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "DEALER"  SHALL  HAVE  THE  SAME MEANING AS IN PARAGRAPH THREE OF
 SUBDIVISION A OF SECTION ONE HUNDRED NINETY-EIGHT-B OF THIS ARTICLE.
   (B) "USED MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS  IN  PARAGRAPH
 TWO OF SUBDIVISION A OF SECTION ONE HUNDRED NINETY-EIGHT-B OF THIS ARTI-
 CLE.
   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  OR THE NATIONAL HIGHWAY TRAFFIC
 SAFETY ADMINISTRATION HAS ISSUED ANY  RECALL  APPLICABLE  TO  SUCH  USED
 MOTOR  VEHICLE.  UPON  DETERMINING  THAT A MANUFACTURER OR SUCH ADMINIS-
 TRATION 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 OR SUCH ADMINISTRATION'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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07797-02-9

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