S3328-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Feb 16, 2011: REFERRED TO CONSUMER PROTECTION

S3328-2011 Memo

BILL NUMBER:S3328

TITLE OF BILL:
An act to amend the general business law, in relation to requiring the
disclosure of the market for which a vehicle was manufactured

PURPOSE:
This legislation would require a car dealer doing business in New York
State  to  notify a consumer as to whether the vehicle to be purchased
was manufactured for introduction into the American market or  into  a
foreign market.

SUMMARY OF PROVISIONS:
Section 1 amends section 198-b of the General Business Law by adding a
new  subdivision  h  to  require the disclosure of an intended market.
The section requires  that  an  automobile  dealer  must  disclose  in
writing  to  the  consumer  whether the vehicle being purchased by the
consumer was manufactured for introduction into the  American  market,
or  whether  such  vehicle  was  manufactured  for introduction into a
foreign market.

EXISTING LAW:
Existing law requires that no dealer  shall  sell  or  lease  a  motor
vehicle  to a consumer without giving the consumer a written warranty.
There are no provisions requiring disclosure that  an  automobile  was
built for a foreign market.

JUSTIFICATION:
"Gray  market"  vehicles are automobiles that were purchased in Canada
and sold in the United States.  Upon entry to the US, these  cars  are
considered  to  be "used" for resale purposes. Any warranty offered by
the manufacturer of the vehicle is voided once the automobile is  sold
in  the  United States and as a result, "gray market" vehicles have no
warranty protection provided by the  manufacturer,  and  instead  rely
upon warranties purchased by the dealer selling the automobile.

This legislation would install a provision in the General Business Law
requiring  the  seller  of  a  new  or  used automobile to disclose in
writing to the buyer if the vehicle to be sold  was  manufactured  for
the American market or a foreign market.

LEGISLATIVE HISTORY:
2001-02: S.6041 No action
2003-04: S.943  No action
2005-06: S.2087 Referred to Consumer Protection
2007-08: S.2751 Referred to Consumer Protection
2009-10: S.1966/A.3908 Referred to Consumer Protection

FISCAL IMPLICATIONS:
None to New York State.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.

S3328-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3328
 2011-2012 Regular Sessions
 I N  SENATE
 February 16, 2011
 
 Introduced  by  Sen. KENNEDY -- 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  the
 disclosure of the market for which a vehicle was manufactured
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 198-b of the general business  law  is  amended  by
 adding a new subdivision h to read as follows:

 H. DISCLOSURE OF INTENDED MARKET. A DEALER MUST DISCLOSE IN WRITING TO
 THE  CONSUMER  WHETHER  THE  VEHICLE BEING PURCHASED BY THE CONSUMER WAS
 MANUFACTURED FOR INTRODUCTION INTO THE AMERICAN MARKETPLACE, OR  WHETHER
 SUCH  VEHICLE  WAS  MANUFACTURED FOR INTRODUCTION INTO A FOREIGN MARKET
 PLACE.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07594-01-1

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