NY State Senate Bill 2009-S3793

Senate Bill S3793

2009-2010 Legislative Session

Provides that airbags (not required by federal law) sold and installed by motor vehicle dealers or manufacturers must be offered as standard or as single options

download bill text pdf

Archive: Last Bill Status Via A3319 - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2010	committed to consumer affairs and protection
Jan 06, 2010	ordered to third reading cal.259 returned to assembly died in senate
Jul 16, 2009	committed to rules
Jun 02, 2009	3rd reading cal.454 substituted for s3793
Jan 06, 2010	referred to consumer protection
Jun 02, 2009	substituted by a3319
Jun 01, 2009	advanced to third reading
May 27, 2009	2nd report cal.
May 26, 2009	1st report cal.454
May 05, 2009	reported and committed to codes
Apr 01, 2009	referred to consumer protection

2009-S3793 (ACTIVE) - Details

See other versions of this Bill:: A3319 ,; S7291 ,
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §390-d, Gen Bus L

2009-S3793 (ACTIVE) - Summary

Provides that airbags (not required by federal law) sold and installed by motor vehicle dealers or manufacturers must be offered as standard with the model or as stand alone options; provides for civil penalties for violations; further provides certain exemptions; authorizes attorney general enforcement.

2009-S3793 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3793

 TITLE OF BILL :
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

 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to require airbags to be sold without such
sale being tied into the sale of other goods and services.

 SUMMARY OF SPECIFIC PROVISIONS :
Motor vehicle dealers and manufacturers who offer for sale and
installation an airbag, must offer such airbag as a standard feature
of that model of automobile 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.

This section shall not apply to airbags required to be installed under
federal law.

A motor vehicle dealer shall not be in violation of this section if
the dealer, after due diligence, is unable to acquire from the
manufacturer a vehicle equipped with airbags as an option without the
purchase of a package of options.

 JUSTIFICATION :
It is in the best interest of consumers that they be able to purchase
safety features when purchasing a new motor vehicle.  Some motor
vehicle dealers offer airbags as an optional feature.  However,
airbags often can only be purchased within a package containing other
goods and services. This bill would require motor vehicle dealers and
manufacturers to offer as standard equipment or as an individual item,
the sale and installation of airbags without requiring the consumer to
purchase it as part of a package on new automobiles.

This bill would not prohibit offering for sale airbags as part of a
package, so long as the consumer is able to purchase airbags without
requiring the purchase of a package.

 LEGISLATIVE HISTORY :
2007-2008: A.323-A - Third Reading Calendar No. 37
2005-2006: A.654 - Passed Assembly
2003-2004: A.11341-A - Passed Assembly

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect one hundred eighty days after it shall
become a law.

2009-S3793 (ACTIVE) - Bill Text download pdf

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

                                  3793

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- 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 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
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH

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

S. 3793                             2

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.

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