Bill Text: NY S01631 | 2019-2020 | General Assembly | Amended

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

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed) 2019-06-18 - ordered to third reading rules cal.257 [S01631 Detail]

Download: New_York-2019-S01631-Amended.html

                STATE OF NEW YORK

            Cal. No. 687

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 15, 2019

          GOMERY,  PARKER,  PERSAUD  -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  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
    18  affixing  a  conspicuous  sign to the windshield of each vehicle offered
    19  for sale, sold or made available for inspection prior  to  auction  that

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

        S. 1631--A                          2

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