Bill Text: NY A04470 | 2019-2020 | General Assembly | Amended


Bill Title: Requires disclosure of a missing or non-functional airbag for certain vehicles at resale or auction.

Spectrum: Slight Partisan Bill (Democrat 20-7)

Status: (Introduced) 2019-06-18 - substituted by s1631a [A04470 Detail]

Download: New_York-2019-A04470-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4470--A
                                                                   R. R. 257

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2019
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI, PAULIN, GALEF, WILLIAMS, GUNTHER,
          COOK, DINOWITZ, MOSLEY, ORTIZ,  JAFFEE,  BUCHWALD,  BLAKE,  GOTTFRIED,
          VANEL, WALSH, RAIA, FINCH, MONTESANO -- Multi-Sponsored by -- M. of A.
          BRAUNSTEIN,  CAHILL,  ENGLEBRIGHT,  GIGLIO, HEVESI, JEAN-PIERRE, McDO-
          NOUGH, PALMESANO, SIMON -- read once and referred to the Committee  on
          Transportation  --  reference  changed  to  the  Committee on Consumer
          Affairs and Protection -- reported and referred to  the  Committee  on
          Codes -- reported and referred to the Committee on Rules -- amended on
          the  special  order  of  third  reading, ordered reprinted as amended,
          retaining its place on the special order of third reading

        AN ACT to amend the general business law,  in  relation  to  missing  or
          non-functioning airbags in certain vehicles

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited  as  the  "Anthony
     2  Amoros Law".
     3    §  2.  Subdivision  3  of  section  23  of the general business law is
     4  amended by adding a new paragraph f to read as follows:
     5    f. (1) No motor vehicle, which  has  been  manufactured  on  or  after
     6  September  first,  nineteen  hundred  ninety-seven,  shall be sold by an
     7  automobile auctioneer unless he or she has disclosed to the buyer wheth-
     8  er the vehicle is missing an inflatable restraint system or  contains  a
     9  non-functioning  inflatable  restraint system. If the vehicle is missing
    10  an inflatable restraint system or contains a non-functioning  inflatable
    11  restraint  system the disclosure of the status of the vehicle's inflata-
    12  ble restraint system shall be made by the auctioneer (i)  in  a  written
    13  disclosure  made in not less than ten-point bold face type and appearing
    14  on the front of the sales contract, receipt, invoice, or other  document
    15  used  in  connection  with  the sale of the vehicle that shall set forth
    16  whether the  vehicle  is  missing  an  inflatable  restraint  system  or
    17  contains  a  non-functioning  inflatable  restraint  system; and (ii) by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05557-04-9

        A. 4470--A                          2

     1  affixing a conspicuous sign to the windshield of  each  vehicle  offered
     2  for  sale,  sold  or made available for inspection prior to auction that
     3  shall  disclose  that  the  vehicle  either  is  missing  an  inflatable
     4  restraint  system  or  contains  a  non-functioning inflatable restraint
     5  system.
     6    (2) Receipt of notice pursuant to this paragraph shall not in any  way
     7  bar,  preclude  or  foreclose any action for personal injury or wrongful
     8  death by or on behalf of any person, nor in any way diminish, reduce  or
     9  be  used  to  mitigate  or  diminish the damages recoverable in any such
    10  action, nor shall receipt of notice be  used  as  evidence  of  culpable
    11  conduct in any action for personal injury or wrongful death.
    12    § 3. This act shall take effect immediately.
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