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A5194Assembly2019-2020 SessionSame asS6059

Fix Recalls Before Selling Cars

Official title

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

Sponsor Michael DenDekkerAD-34+5 co-sponsorsAffects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Senate · Consumer Protection

What's happening

This bill requires used car dealers to check for recalls and either repair them or notify buyers before selling vehicles.

Why it matters

  1. Increases consumer awareness and safety. By requiring dealers to check for recalls and either fix them or explicitly inform buyers, the law helps ensure that drivers know about unresolved safety issues before purchase, potentially preventing accidents or injuries.

  2. Makes dealers more accountable. The bill establishes clear responsibilities for used car dealers, making it harder for them to ignore or hide known safety defects, which could raise industry standards and trust in the used car market.

  3. Imposes steeper financial penalties. The amendment boosts fines for violations from $1,000 to $5,000 per incident, creating a stronger deterrent against non-compliance and signaling that the state takes consumer safety seriously.

  4. Could impact used car pricing and availability. Dealers may incur additional costs for recall repairs or face legal risks if they fail to comply, which could influence the pricing, inventory, or sales processes for used vehicles in New York.

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Who cares

Headline styles

Fix Recalls Before Selling Cars

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael DenDekker

Assembly Member · Assembly District 34

History

  1. Referred to consumer protection
  2. Delivered to senate
  3. Passed assembly
  4. Ordered to third reading cal.198
  5. Returned to assembly
  6. Died in senate
  7. Referred to rules
  8. Delivered to senate
  9. Passed assembly
  10. Ordered to third reading rules cal.82
  11. Rules report cal.82
  12. Reported
Show 6 earlier actions
  1. Reported referred to rules
  2. Reported referred to codes
  3. Amend by restoring to original print 5194
  4. Print number 5194a
  5. Amend and recommit to consumer affairs and protection
  6. Referred to consumer affairs and protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S6059Senate

Fix Recalls Before Car Sales

In Senate Committee · Consumer Protection · Sponsor Kevin Thomas

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5194

2019-2020 Regular Sessions

IN ASSEMBLY

February 7, 2019

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 and make certain repairs prior to selling a used motor vehicle

The People of the State of New York, represented in Senate and Assembly, 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 article.

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 administration 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.

LBD07797-01-9

A. 5194 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.