S T A T E   O F   N E W   Y O R K
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                                  3319

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2009
                               ___________

Introduced  by  M.  of  A.  PHEFFER,  SILVER,  DESTITO, GUNTHER, LIFTON,
  MAGNARELLI, PAULIN, RAMOS, GABRYSZAK -- read once and referred to  the
  Committee on Consumer Affairs and Protection

AN  ACT  to amend the general business law, in relation to the manner of
  the sale of airbags by  motor  vehicle  dealers  or  manufacturers  in
  certain cases

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
390-d to read as follows:
  S 390-D. MANNER OF  SALE  OF  AIRBAGS  BY  MOTOR  VEHICLE  DEALERS  OR
MANUFACTURERS  IN CERTAIN CASES. 1. ANY MOTOR VEHICLE DEALER OR MANUFAC-
TURER WHO, IN CONNECTION WITH THE SALE OR LEASE, OR THE OFFER  FOR  SALE
OR  LEASE  OF A NEW MOTOR VEHICLE ONLY, OFFERS FOR SALE AND INSTALLATION
AN AIRBAG MUST OFFER SUCH AIRBAG AS A STANDARD FEATURE OF THAT MODEL  OF
MOTOR  VEHICLE  OR  AS AN OPTION, THE PURCHASE OF WHICH DOES NOT REQUIRE
THE PURCHASE OF OTHER OPTIONS,  WHETHER  OR  NOT  SUCH  AIRBAG  IS  ALSO
OFFERED AS PART OF A PACKAGE OF OPTIONS.
  2. THIS SECTION SHALL NOT APPLY TO AIRBAGS REQUIRED TO BE INSTALLED BY
FEDERAL LAW.
  3. A MOTOR VEHICLE DEALER SHALL NOT BE IN VIOLATION OF THIS SECTION IF
THE  DEALER, AFTER DUE DILIGENCE, IS UNABLE TO ACQUIRE FROM THE MANUFAC-
TURER A VEHICLE EQUIPPED WITH AIRBAGS AS AN OPTION WITHOUT THE  PURCHASE
OF A PACKAGE OF OPTIONS.
  4. VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF
NOT  MORE  THAN  TWO HUNDRED FIFTY DOLLARS FOR THE FIRST OFFENSE AND NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT OFFENSE.
  5. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD06618-01-9
              

A. 3319                             2

NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
VIOLATIONS;  AND  IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES  AND  DIRECT  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
THAN  ONE  THOUSAND  DOLLARS  FOR SUCH VIOLATION. IN CONNECTION WITH ANY
SUCH APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE  PROOF  AND
MAKE  A  DETERMINATION  OF  THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply only to  new  motor  vehicles
manufactured and sold on and after such date.