NY State Senate Bill 2019-S6059A

Senate Bill S6059A

2019-2020 Legislative Session

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

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
May 23, 2019	print number 6059a
May 23, 2019	amend and recommit to consumer protection
May 16, 2019	referred to consumer protection

Bill Amendments

Original

A (Active)

2019-S6059 - Details

See Assembly Version of this Bill:: A5194
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: S148, A6041
2023-2024: S357, A6549

2019-S6059 - Summary

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

2019-S6059 - Sponsor Memo

                                
 
BILL NUMBER: S6059

SPONSOR: THOMAS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require used motor vehicle dealers, prior
to offering a contract for the sale of a used motor vehicle at retail,
to determine whether there are any manufacturer's recalls on such motor
vehicle. If there are any open recalls applicable to the used motor
vehicle, then the dealer shall either make the repairs required by the
manufacturer's recall, bring the vehicle to an authorized dealer and
have the recall satisfied, or notify the purchaser, in a separate writ-
ten notice, of any and all manufacturer's recalls applicable to the
motor vehicle being) purchased.

SUMMARY OF SPECIFIC PROVISIONS:

The general business law is amended by adding a new section 198-d.

 
JUSTIFICATION:

Currently, when a motor vehicle recall is initiated by a manufacturer,
the manufacturer is required to contact the registered owners of those
vehicles and notify them that a safety recall is in place. It is also
required to notify the owners that it will repair that vehicle at no
cost to the vehicle owner. However, many times people sell or trade-in
their vehicle to dealers or third parties, and the manufacturer has no
way of notifying the person or entity that has possession of the vehicle
of the safety recall. This new legislation would enhance vehicular safe-
ty in New York State by ensuring that used car dealers search,a website
database, and notify a potential purchaser before the purchase is made,
that a motor vehicle is currently subject to a recall. This legislation
.has the added effect of strengthening consumer protections during the
sale of used cars by dealerships in New York State.

 
PRIOR LEGISLATIVE HISTORY:

A.2665-A of 2017-18: Referred to Consumer Affairs and Protection.
A.6522B of 2014.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6059 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6059
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 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 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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07797-03-9

 S. 6059                             2
 
   §  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
 the state of New York in the sum of [one] FIVE thousand dollars for each
 [of] such [violations] VIOLATION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2019-S6059A (ACTIVE) - Details

See Assembly Version of this Bill:: A5194
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: S148, A6041
2023-2024: S357, A6549

2019-S6059A (ACTIVE) - Summary

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

2019-S6059A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6059A

SPONSOR: THOMAS
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require used motor vehicle dealers, prior
to offering a contract for the sale of a used motor vehicle at retail,
to determine whether there are any manufacturer's recalls on such motor
vehicle. If there are any open recalls applicable to the used motor
vehicle, then the dealer shall either make the repairs required by the
manufacturer's recall, bring the vehicle to an authorized dealer and
have the recall satisfied prior to the sale.

 
SUMMARY OF SPECIFIC PROVISIONS:

The general business law is amended by adding a new section 198-d.

 
JUSTIFICATION:

Currently, when a motor vehicle recall is initiated by a manufacturer,
the manufacturer is required to contact the registered owners of those
vehicles and notify them that a safety recall is in place. It is also
required to notify the owners that it will repair that vehicle at no
cost to the vehicle owner. However, many times people sell or trade-in
their vehicle to dealers or third parties, and the manufacturer has no
way of notifying the person or entity that has possession of the vehicle
of the safety recall. This new legislation would enhance vehicular safe-
ty in New York State by ensuring that used car dealers search for
recalls and have them satisfied before selling the vehicle. This legis-
lation will protect consumers by ensuring that their used cars are safe
prior to purchase.

 
PRIOR LEGISLATIVE HISTORY:

A.2665-A of 2017-18: Referred to Consumer Affairs and Protection.
A.4125 of 2015-16 (DenDekker): Reported and advanced to third reading.
S.5209 of 2015-16 (Lanza): Referred to Consumer Protection.
A.6522B of 2013-14 (DenDekker): Passed Assembly.
S.5616-A of 2013-14 (Savino): Referred to Consumer Protection.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6059A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6059--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 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 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07797-04-9

 S. 6059--A                          2
 
   § 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
 the state of New York in the sum of [one] FIVE thousand dollars for each
 [of] such [violations] VIOLATION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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