Bill Text: NY S01835 | 2021-2022 | General Assembly | Introduced


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

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S01835 Detail]

Download: New_York-2021-S01835-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1835

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced by Sens. SKOUFIS, BOYLE, GAUGHRAN, GOUNARDES, PARKER, PERSAUD
          -- 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 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
    20  shall  disclose  that  the  vehicle  either  is  missing  an  inflatable
    21  restraint system or  contains  a  non-functioning  inflatable  restraint
    22  system.
    23    (2)  Receipt of notice pursuant to this paragraph shall not in any way
    24  bar, preclude or foreclose any action for personal  injury  or  wrongful

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04434-01-1

        S. 1835                             2

     1  death  by or on behalf of any person, nor in any way diminish, reduce or
     2  be used to mitigate or diminish the  damages  recoverable  in  any  such
     3  action,  nor  shall  receipt  of  notice be used as evidence of culpable
     4  conduct in any action for personal injury or wrongful death.
     5    § 3. This act shall take effect immediately.
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