S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2176
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of A. RAJKUMAR, WEPRIN, SAYEGH, SANTABARBARA -- 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 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 THEIR 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 VEHI-
 CLE. UPON DETERMINING THAT A MANUFACTURER  OR  SUCH  ADMINISTRATION  HAS
 ISSUED  ANY  RECALL  APPLICABLE TO SUCH USED MOTOR VEHICLE, A DEALER, OR
 THEIR 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.
                                                            LBD04062-01-5
              

 A. 2176                             2
 
 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.