STATE OF NEW YORK ________________________________________________________________________ 1631--A Cal. No. 687 2019-2020 Regular Sessions IN SENATE January 15, 2019 ___________ Introduced by Sens. SKOUFIS, BOYLE, CARLUCCI, GAUGHRAN, GOUNARDES, MONT- 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. LBD05557-05-9S. 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.