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Assembly Bill A6041

2021-2022 Legislative Session

Relates to requiring 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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2021-A6041 (ACTIVE) - Details

See Senate Version of this Bill:
S148
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
2019-2020: A5194, S6059
2023-2024: A6549, S357
2025-2026: A2176, S5596

2021-A6041 (ACTIVE) - Summary

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

2021-A6041 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6041
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee 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.

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