Bill Text: NY S05209 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires motor vehicle dealers to search for recalls prior to selling a used motor vehicle and requires the dealer to either make the required repairs or to notify the purchaser, in writing, of the recall.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S05209 Detail]

Download: New_York-2015-S05209-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5209
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 7, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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:
    1    Section 1. The general business law is amended by adding a new section
    2  198-d to read as follows:
    3    S 198-D. USED MOTOR VEHICLES; RECALLS. 1.   FOR THE  PURPOSE  OF  THIS
    4  SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A) "DEALER" AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
    6  AND TRAFFIC LAW.
    7    (B)  "USED MOTOR VEHICLE" MEANS ANY VEHICLE WHICH IS NOT DEEMED A "NEW
    8  MOTOR VEHICLE" PURSUANT TO PARAGRAPH H OF  SUBDIVISION  ONE  OF  SECTION
    9  FOUR HUNDRED FIFTEEN OF THE VEHICLE AND TRAFFIC LAW.
   10    2.  PRIOR  TO  OFFERING A CONTRACT FOR SALE OF A USED MOTOR VEHICLE AT
   11  RETAIL, THE DEALER, OR HIS OR HER AGENT, SHALL MAKE A GOOD FAITH  EFFORT
   12  TO  DETERMINE WHETHER A MANUFACTURER HAS ISSUED ANY RECALL APPLICABLE TO
   13  SUCH USED MOTOR VEHICLE. UPON DETERMINING THAT A MANUFACTURER HAS ISSUED
   14  ANY RECALL APPLICABLE TO SUCH USED MOTOR VEHICLE, A DEALER,  OR  HIS  OR
   15  HER AGENT, MUST:
   16    (A)  MAKE  OR  CAUSE REPAIRS TO BE MADE PURSUANT TO THE MANUFACTURER'S
   17  RECALL SUCH THAT THE RECALL IS SATISFIED; OR
   18    (B) PROVIDE THE PROSPECTIVE BUYER, IN A  SEPARATE  WRITTEN  NOTICE,  A
   19  LISTING  OF  ANY  AND ALL MANUFACTURER'S RECALLS APPLICABLE TO SUCH USED
   20  MOTOR VEHICLE.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07998-01-5