New York City Council Header
File #: Int 0518-2014    Version: Name: Requiring secondhand automobile dealers to disclose whether automobiles have been recalled by the automobiles’ manufacturers.
Type: Introduction Status: Enacted
Committee: Committee on Consumer Affairs
On agenda: 10/22/2014
Enactment date: 5/30/2017 Law number: 2017/085
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring secondhand automobile dealers to disclose whether automobiles have been recalled by the automobiles' manufacturers
Sponsors: Donovan J. Richards, Jumaane D. Williams, Corey D. Johnson, Peter A. Koo, Rosie Mendez, Helen K. Rosenthal, Andrew Cohen, Costa G. Constantinides, Paul A. Vallone, Ben Kallos, Stephen T. Levin, Rafael L. Espinal, Jr.
Council Member Sponsors: 12
Summary: This bill requires secondhand automobile dealers to disclose recall information to consumers when selling automobiles, parts or equipment that are the subject of a recall by the national highway transportation safety administration or the NHTSA. Such disclosure, which would be signed by the purchaser, would be retained by the dealer for five years, and subject to inspection by the Department of Consumer Affairs. This bill would impose a $1000 fine for a first offense, a $1000 fine or imprisonment for a second offense, and suspension or revocation of a dealer’s license at the discretion of the commissioner for any subsequent offenses during a three year period.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 518-A, 3. Summary of Int. No. 518, 4. Int. No. 518 - 10/22/14, 5. Committee Report 10/28/14, 6. Hearing Testimony 10/28/14, 7. Hearing Testimony 10/28/14 (Con't), 8. Hearing Transcript 10/28/14, 9. Proposed Int. No. 518-A - 4/21/17, 10. Committee Report 4/26/17, 11. Hearing Transcript 4/26/17, 12. Committee Report - Stated Meeting, 13. May 10, 2017 - Stated Meeting Agenda with Links to Files, 14. Fiscal Impact Statement, 15. Hearing Transcript - Stated Meeting 5-10-17, 16. Mayor's Letter, 17. Int. No. 518-A (FINAL), 18. Local Law 85, 19. Minutes of the Stated Meeting - May 10, 2017, 20. Minutes of the Recessed Stated Meeting of May 10, 2017 held on May 24, 2017
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/2/2017ADonovan J. Richards City Council Recved from Mayor by Council  Action details Meeting details Not available
5/30/2017ADonovan J. Richards Mayor Signed Into Law by Mayor  Action details Meeting details Not available
5/30/2017ADonovan J. Richards Mayor Hearing Held by Mayor  Action details Meeting details Not available
5/10/2017ADonovan J. Richards City Council Sent to Mayor by Council  Action details Meeting details Not available
5/10/2017ADonovan J. Richards City Council Approved by CouncilPass Action details Meeting details Not available
4/26/2017*Donovan J. Richards Committee on Consumer Affairs Hearing Held by Committee  Action details Meeting details Not available
4/26/2017*Donovan J. Richards Committee on Consumer Affairs Amendment Proposed by Comm  Action details Meeting details Not available
4/26/2017*Donovan J. Richards Committee on Consumer Affairs Amended by Committee  Action details Meeting details Not available
4/26/2017ADonovan J. Richards Committee on Consumer Affairs Approved by CommitteePass Action details Meeting details Not available
10/28/2014*Donovan J. Richards Committee on Consumer Affairs Hearing Held by Committee  Action details Meeting details Not available
10/28/2014*Donovan J. Richards Committee on Consumer Affairs Laid Over by Committee  Action details Meeting details Not available
10/22/2014*Donovan J. Richards City Council Referred to Comm by Council  Action details Meeting details Not available
10/22/2014*Donovan J. Richards City Council Introduced by Council  Action details Meeting details Not available

Int. No. 518-A

 

By Council Members Richards, Williams, Johnson, Koo, Mendez, Rosenthal, Cohen, Constantinides, Vallone, Kallos, Levin and Espinal

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring secondhand automobile dealers to disclose whether automobiles have been recalled by the automobiles’ manufacturers

 

Be it enacted by the Council as follows:

 

                     Section 1. Section 20-268 of the administrative code of the city of New York is amended by adding a new subdivision h to read as follows:

h. 1. A person who is licensed as a dealer in secondhand automobiles who sells a secondhand automobile, automobile part or equipment that is identified as having been recalled by the national highway transportation safety administration (“NHTSA”), pursuant to its authority under chapter 301 of title 49 of the United States code,  must provide to the purchaser, prior to the execution of the contract for sale, a copy of the recall information for such secondhand automobile, automobile part or equipment, as printed out directly from the NHTSA website, https://www.nhtsa.gov/recalls, or any successor to such website. Such disclosure shall be made in writing and that writing must be signed or initialed by the purchaser of the secondhand automobile, automobile part or equipment. Such signed or initialed disclosure shall be maintained by the dealer, in either electronic or paper form, for no less than five years and such disclosure shall be subject to inspection by the commissioner.

2. Nothing in this subdivision shall supersede any existing city, state or federal law or regulation pertaining to automobile safety or roadworthiness, or prevent the department or any other city, state or federal agency from enforcing any city, state or federal law or regulation pertaining to automobile safety or roadworthiness.    

§2. Subdivision a of section 20-275 of the administrative code of the city of New York is amended to read as follows:

a. Any person who shall violate any of the provisions of this subchapter or any rule or regulation issued thereunder shall be guilty of a class A misdemeanor and upon the first conviction be subject to a fine of at least five hundred dollars and upon any subsequent conviction be subject to a fine of one thousand dollars and/or imprisonment of at least fifteen days; except that any person who violates subdivision h of section 20-268 shall be subject to a fine of: (i) one thousand dollars for the first offense; (ii) one thousand dollars and/or imprisonment of at least fifteen days for any subsequent offense committed within three years of the first offense; and (iii) shall be subject to suspension or revocation of his or her secondhand automobile license at the discretion of the commissioner for any subsequent violations within such three year period. For purposes of this subdivision, each automobile sold in violation of subdivision h of section 20-268 shall count as a separate offense.   

§3. This local law shall take effect 120 days after its enactment into law provided, however, that the commissioner of consumer affairs may take such measures as are necessary to implement this local law, including the promulgation of rules, prior to such date.

 

CEB/LUR

LS 2343

3/27/17