S 5596: Requires motor vehicle dealers to search for recalls and make certain repairs prior to selling a used motor vehicle.

  
  STATE OF NEW YORK ________________________________________________________________________ 5596 2025-2026 Regular Sessions  IN SENATE February 25, 2025 ___________ Introduced by Sen. MAY -- 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: 1 Section 1. The general business law is amended by adding a new section 2 198-d to read as follows: 3 § 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" shall have the same meaning as in paragraph three of 6 subdivision a of section one hundred ninety-eight-b of this article. 7 (b) "Used motor vehicle" shall have the same meaning as in paragraph 8 two of subdivision a of section one hundred ninety-eight-b of this arti- 9 cle. 10 2. Prior to offering a contract for sale of a used motor vehicle at 11 retail, the dealer, or their agent, shall make a good faith effort to 12 determine whether a manufacturer or the national highway traffic safety 13 administration has issued any recall applicable to such used motor vehi- 14 cle. Upon determining that a manufacturer or such administration has 15 issued any recall applicable to such used motor vehicle, a dealer, or 16 their agent, must make or cause repairs to be made pursuant to the 17 manufacturer's or such administration's recall such that the recall is 18 satisfied. 19 § 2. Section 199 of the general business law, as added by chapter 900 20 of the laws of 1956 and as renumbered by chapter 582 of the laws of 21 1970, is amended to read as follows: 22 § 199. Penalties. Any person, firm, or corporation violating the 23 provisions of section one hundred [ninety-six] ninety-eight-d of this 24 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 
 S. 5596 2 1 the state of New York in the sum of [one] five thousand dollars for each 2 [of] such [violations] violation. 3 § 3. This act shall take effect on the ninetieth day after it shall 4 have become a law.