senate Bill S4427A

2019-2020 Legislative Session

Relates to warranties and protections for purchasers of new and used motor vehicles

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2019 referred to consumer affairs and protection
delivered to assembly
passed senate
May 06, 2019 advanced to third reading
May 01, 2019 2nd report cal.
Apr 30, 2019 1st report cal.550
Mar 26, 2019 print number 4427a
Mar 26, 2019 amend (t) and recommit to consumer protection
Mar 11, 2019 referred to consumer protection

Votes

view votes

Apr 30, 2019 - Consumer Protection committee Vote

S4427A
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Apr 30, 2019

aye wr (1)

S4427 - Details

Law Section:
General Business Law
Laws Affected:
Amd §§198-a, 198-b & 198-c, Gen Bus L

S4427 - Summary

Provides certain warranties and protections for purchasers of new and used motor vehicles; includes commercial and business purchasers under the Lemon law.

S4427 - Sponsor Memo

S4427 - Bill Text download pdf


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

                                  4427

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- 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  definition
  of a consumer

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

  Section 1. Paragraph 1 of subdivision (a)  of  section  198-a  of  the
general  business law, as amended by chapter 530 of the laws of 1990, is
amended to read as follows:
  (1) "Consumer" means the purchaser, lessee or transferee,  other  than
for  purposes  of resale, of a motor vehicle which is used primarily for
personal,  family  or  household  purposes  OR  COMMERCIAL  OR  BUSINESS
PURPOSES  and  any other person entitled by the terms of the manufactur-
er's warranty to enforce the obligations of such warranty;
  § 2. Paragraph 1 of subdivision a of  section  198-b  of  the  general
business  law, as amended by chapter 530 of the laws of 1990, is amended
to read as follows:
  1. "Consumer" means the purchaser, or lessee, other than for  purposes
of  resale, of a used motor vehicle primarily used for personal, family,
or household purposes OR COMMERCIAL OR BUSINESS PURPOSES and subject  to
a  warranty,  and  the spouse or child of the purchaser or the lessee if
either such motor vehicle or the lease of such motor vehicle  is  trans-
ferred to the spouse or child during the duration of any warranty appli-
cable  to such motor vehicle, and any other person entitled by the terms
of such warranty to enforce the obligations of the warranty;
  § 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00481-01-9

Co-Sponsors

S4427A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §§198-a, 198-b & 198-c, Gen Bus L

S4427A (ACTIVE) - Summary

Provides certain warranties and protections for purchasers of new and used motor vehicles; includes commercial and business purchasers under the Lemon law.

S4427A (ACTIVE) - Sponsor Memo

S4427A (ACTIVE) - Bill Text download pdf


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

                                 4427--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019
                               ___________

Introduced  by  Sen.  THOMAS -- 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 warranties  and
  protections for purchasers of new and used motor vehicles

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

  Section 1. Paragraphs 1 and 5 of subdivision (a) of section  198-a  of
the  general  business law, paragraph 1 as amended by chapter 530 of the
laws of 1990, paragraph 5 as added by chapter 799 of the laws  of  1986,
are amended to read as follows:
  (1)  ["Consumer"] "PURCHASER" means the purchaser, lessee or transfer-
ee, other than for purposes of resale, of a motor vehicle which is  used
primarily  for  personal, family or household, OR COMMERCIAL OR BUSINESS
purposes and any other person entitled by the terms of  the  manufactur-
er's warranty to enforce the obligations of such warranty;
  (5) "Lessee" means any [consumer] PURCHASER who leases a motor vehicle
pursuant  to a written lease agreement which provides that the lessee is
responsible for repairs to such motor vehicle.
  § 2. Subdivision (b) of section 198-a of the general business law,  as
amended  by  chapter  279 of the laws of 1989, paragraph 1 as amended by
chapter 217 of the laws of 1990, is amended to read as follows:
  (b) (1) If a new motor vehicle which is sold and  registered  in  this
state  does not conform to all express warranties during the first eigh-
teen thousand miles of operation or  during  the  period  of  two  years
following  the  date  of  original delivery of the motor vehicle to such
[consumer] PURCHASER, whichever is  the  earlier  date,  the  [consumer]
PURCHASER  shall  during such period report the nonconformity, defect or
condition to the manufacturer, its agent or its  authorized  dealer.  If
the  notification  is received by the manufacturer's agent or authorized

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

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