Assembly Bill A6522B

2013-2014 Legislative Session

Requires motor vehicle dealers to search for recalls prior to selling a used motor vehicle

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Sponsored By

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

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A6522 - Details

See Senate Version of this Bill:
S5616
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: A4125, S5209
2017-2018: A2665
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549

2013-A6522 - Summary

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.

2013-A6522 - Bill Text download pdf 

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

                                  6522

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

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 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

co-Sponsors

multi-Sponsors

2013-A6522A - Details

See Senate Version of this Bill:
S5616
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: A4125, S5209
2017-2018: A2665
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549

2013-A6522A - Summary

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.

2013-A6522A - Bill Text download pdf 

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

                                 6522--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced  by  M.  of  A. DenDEKKER, MAISEL, BENEDETTO, DINOWITZ, COOK,
  BUCHWALD, MONTESANO,  ROBINSON,  HOOPER,  GALEF,  GRAF,  GABRYSZAK  --
  Multi-Sponsored  by -- M. of A. GOTTFRIED, SEPULVEDA, STEVENSON, WEIS-
  ENBERG -- 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 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, 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.

co-Sponsors

multi-Sponsors

2013-A6522B (ACTIVE) - Details

See Senate Version of this Bill:
S5616
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: A4125, S5209
2017-2018: A2665
2019-2020: A5194
2021-2022: A6041
2023-2024: A6549

2013-A6522B (ACTIVE) - Summary

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.

2013-A6522B (ACTIVE) - Bill Text download pdf 

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

                                 6522--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced  by  M.  of  A. DenDEKKER, MAISEL, BENEDETTO, DINOWITZ, COOK,
  BUCHWALD, MONTESANO,  ROBINSON,  HOOPER,  GALEF,  GRAF,  GABRYSZAK  --
  Multi-Sponsored  by -- M. of A. GOTTFRIED, SEPULVEDA, STEVENSON, WEIS-
  ENBERG -- 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  --  again
  reported  from  said  committee  with amendments, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09771-06-3

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