NY State Senate Bill 2017-S4731A

Archive: Last Bill Status - In Senate Committee Transportation 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 26, 2018	print number 4731a
Apr 26, 2018	amend (t) and recommit to transportation
Jan 03, 2018	referred to transportation
Feb 24, 2017	referred to transportation

Bill Amendments

Original

A (Active)

2017-S4731 - Details

See Assembly Version of this Bill:: A5272
Current Committee:: Senate Transportation
Law Section:: General Business Law
Laws Affected:: Amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1631, A4470
2021-2022: S1835

2017-S4731 - Summary

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

2017-S4731 - Sponsor Memo

                                 BILL NUMBER:  S4731

 TITLE OF BILL :  An act to amend the vehicle and traffic law and the
general business law, in relation to missing or non-functioning
airbags in certain vehicles

 PURPOSE :

The bill will enact "The Anthony Amoros Law" which will require
disclosure by the seller when a vehicle is either missing an airbag or
contains a non-functioning airbag.

 SUMMARY OF PROVISIONS :

Section one of the bill states that the act shall be known as the
"Anthony Amoros Law."

Section two of the bill amends section 417-b of the vehicle and
traffic law as it relates to requiring second hand motor vehicle
dealers to disclose to buyers whether the vehicle is missing or has a
non-functioning airbag. This requirement would only apply to vehicles
manufactured after September 1, 1997.

Section three of the bill amends section 23 of the general business
law as it relates to requiring automobile auctioneers to disclose to
buyers whether the vehicle is missing or has a nonfunctioning airbag.

This requirement would only apply to vehicles manufactured after
September 1, 1997.

Section four of the bill relates to the effective date.

 JUSTIFICATION :

This bill would increase transparency into the status of a vehicle's
airbag at the point of sale. Buyers should know whether the vehicle
they are purchasing is missing an airbag for both safety and financial
reasons. Replacement airbags can cost thousands of dollars which would
severely impact a motor vehicle's value at purchase.

In addition, if the buyer is unaware that their vehicle's airbag is
missing or non-functioning then it places them at risk in the event of
an accident. This bill is named after a constituent who tragically
died in a single car accident where the vehicle's airbag did not
deploy because it was removed prior to the purchase. This legislation
would provide car buyers with critical and necessary information so
that they can make informed purchases.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4731 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4731
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law  and  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:
 
   Section  1.  This  act shall be known and may be cited as the "Anthony
 Amoros Law".
   § 2. Section 417-b of the vehicle and traffic law, as added by chapter
 361 of the laws of 1988, is amended to read as follows:
   § 417-b. Mandatory disclosures by second-hand dealers prior to resale.
 1. Upon the sale or transfer of title by any dealer of  any  second-hand
 motor  vehicle  which  was  manufactured  or  assembled on or after July
 first, nineteen hundred ninety-one and designed as  a  nineteen  hundred
 ninety-two  or  later  model and which the dealer knows or has reason to
 know that such vehicle is not equipped with a tamper-resistant  odometer
 as  provided  in subdivision forty-six of section three hundred seventy-
 five of this chapter, the dealer shall execute and deliver to the  buyer
 an  instrument  in  writing  in  a  form  prescribed by the commissioner
 setting forth the following information in ten point, all capital  type:
 "IMPORTANT:  THIS VEHICLE IS NOT EQUIPPED WITH A TAMPER-RESISTANT ODOME-
 TER." Such notice that a vehicle is not equipped with a tamper-resistant
 odometer shall also be conspicuously  printed  on  the  motor  vehicle's
 certificate of title.
   2. UPON THE SALE OR TRANSFER OF TITLE BY ANY DEALER OF ANY SECOND-HAND
 MOTOR  VEHICLE WHICH WAS MANUFACTURED ON OR AFTER SEPTEMBER FIRST, NINE-
 TEEN HUNDRED NINETY-SEVEN, AND WHICH THE DEALER KNOWS OR HAS  REASON  TO
 KNOW  THAT  SUCH  VEHICLE IS MISSING OR HAS A NON-FUNCTIONING INFLATABLE
 RESTRAINT SYSTEM AS DEFINED IN SECTION ONE HUNDRED  NINETEEN-B  OF  THIS
 CHAPTER, THE DEALER SHALL EXECUTE AND DELIVER TO THE BUYER AN INSTRUMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02445-01-7

 S. 4731                             2
 
 IN  WRITING  IN  A FORM PRESCRIBED BY THE COMMISSIONER SETTING FORTH THE
 FOLLOWING INFORMATION IN TEN POINT, ALL CAPITAL TYPE:  "IMPORTANT:  THIS
 VEHICLE IS MISSING AN AIRBAG OR CONTAINS A NON-FUNCTIONING AIRBAG". SUCH
 NOTICE  THAT  A VEHICLE IS EITHER MISSING AN INFLATABLE RESTRAINT SYSTEM
 OR CONTAINS A NON-FUNCTIONING INFLATABLE RESTRAINT SYSTEM SHALL ALSO  BE
 CONSPICUOUSLY PRINTED ON THE MOTOR VEHICLE'S CERTIFICATE OF TITLE.
   3.  The  failure  of  a  dealer to deliver to the buyer the instrument
 required by this section or the delivery  of  an  instrument  containing
 false  or  misleading  information  shall constitute a violation of this
 section.
   [3.] 4. A consumer injured by a violation of this section may bring an
 action to recover damages. Judgment may be entered for three  times  the
 actual  damages suffered by a consumer or one hundred dollars, whichever
 is greater. A court also may  award  reasonable  attorneys'  fees  to  a
 prevailing plaintiff buyer.
   [4.]  5.  a. Upon any 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 to issue an injunc-
 tion, and upon notice to the defendant of not less than  five  days,  to
 enjoin and restrain the continuance of the violation. If it shall appear
 to  the  satisfaction  of  the  court  or justice that the defendant has
 violated this section, an injunction may  be  issued  by  the  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 restitution.
   b. Whenever the court shall determine that a violation of this section
 has occurred, it may impose a civil penalty of not more than  one  thou-
 sand  dollars for each violation. In connection with an application made
 under this subdivision, the attorney general is authorized to take proof
 and to make a determination of the relevant facts and to issue subpoenas
 in accordance with the civil practice law and rules.
   § 3. Subdivision 3 of section  23  of  the  general  business  law  is
 amended by adding a new paragraph f to read as follows:
   F. NO MOTOR VEHICLE, WHICH HAS BEEN MANUFACTURED ON OR AFTER SEPTEMBER
 FIRST,  NINETEEN  HUNDRED  NINETY-SEVEN,  SHALL BE SOLD BY AN AUTOMOBILE
 AUCTIONEER UNLESS HE OR SHE HAS DISCLOSED TO THE BUYER WHETHER THE VEHI-
 CLE, TO THE BEST OF THE AUTOMOBILE AUCTIONEER'S KNOWLEDGE, IS MISSING AN
 INFLATABLE RESTRAINT SYSTEM OR  CONTAINS  A  NON-FUNCTIONING  INFLATABLE
 RESTRAINT  SYSTEM.  IF  THE  VEHICLE  IS MISSING AN INFLATABLE RESTRAINT
 SYSTEM OR CONTAINS A NON-FUNCTIONING  INFLATABLE  RESTRAINT  SYSTEM  THE
 DISCLOSURE  OF  THE  STATUS OF THE VEHICLE'S INFLATABLE RESTRAINT SYSTEM
 SHALL BE MADE BY THE AUCTIONEER (I) IN A WRITTEN DISCLOSURE MADE IN  NOT
 LESS  THAT  TEN-POINT  BOLD  FACE TYPE AND APPEARING ON THE FRONT OF THE
 SALES CONTRACT, RECEIPT, INVOICE, OR OTHER DOCUMENT USED  IN  CONNECTION
 WITH THE SALE OF THE VEHICLE THAT SHALL SET FORTH WHETHER THE VEHICLE IS
 MISSING  AN  INFLATABLE  RESTRAINT  SYSTEM OR CONTAINS A NON-FUNCTIONING
 INFLATABLE RESTRAINT SYSTEM; AND (II) IF BY AFFIXING A CONSPICUOUS  SIGN
 TO  THE WINDSHIELD OF EACH VEHICLE OFFERED FOR SALE, SOLD OR MADE AVAIL-
 ABLE FOR INSPECTION PRIOR TO AUCTION THAT SHALL DISCLOSE THAT THE  VEHI-
 CLE  EITHER IS MISSING AN INFLATABLE RESTRAINT SYSTEM OR CONTAINS A NON-
 FUNCTIONING INFLATABLE RESTRAINT SYSTEM.
   § 4. This act shall take effect immediately.

co-Sponsors

2017-S4731A (ACTIVE) - Details

See Assembly Version of this Bill:: A5272
Current Committee:: Senate Transportation
Law Section:: General Business Law
Laws Affected:: Amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1631, A4470
2021-2022: S1835

2017-S4731A (ACTIVE) - Summary

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

2017-S4731A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4731A

SPONSOR: LARKIN
 
TITLE OF BILL:  An act to amend the general business law, in relation
to missing or non-functioning airbags in certain vehicles

 
PURPOSE OF THE BILL:

The bill will enact "The Anthony Amoros Law" which will require disclo-
sure by the seller when a vehicle is either missing an airbag or
contains a non-functioning airbag.

 
SUMMARY OF PROVISIONS:

Section one of the bill states that the act shall be known as the
"Anthony Amoros Law."

Section two of the bill amends section 23 of the general business law as
it relates to requiring automobile auctioneers to disclose to buyers
whether the vehicle is missing or has a non-functioning airbag. This
requirement would only apply to vehicles manufactured after September 1,

1997.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

This bill would increase transparency into the status of a vehicle's
airbag at the point of sale. Buyers should know whether the vehicle they
are purchasing is missing an airbag for both safety and financial
reasons. Replacement airbags can cost thousands of dollars which would
severely impact a motor vehicle's value at purchase.

In addition, if the buyer is unaware that their vehicle's airbag is
missing or non-functioning then it places them at risk in the event of
an accident. This bill is named after a constituent who tragically died
in a single car accident where the vehicle's airbag did not deploy
because it was removed prior to the purchase. This legislation would
provide car buyers with critical and necessary information so that they
can make informed purchases.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S4731A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4731--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation  --  recom-
   mitted  to  the  Committee on Transportation in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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:
 
   Section  1.  This  act shall be known and may be cited as the "Anthony
 Amoros Law".
   § 2. Subdivision 3 of section  23  of  the  general  business  law  is
 amended by adding a new paragraph f to read as follows:
   F. NO MOTOR VEHICLE, WHICH HAS BEEN MANUFACTURED ON OR AFTER SEPTEMBER
 FIRST,  NINETEEN  HUNDRED  NINETY-SEVEN,  SHALL BE SOLD BY AN AUTOMOBILE
 AUCTIONEER UNLESS HE OR SHE HAS DISCLOSED TO THE BUYER WHETHER THE VEHI-
 CLE, TO THE BEST OF THE AUTOMOBILE AUCTIONEER'S KNOWLEDGE, IS MISSING AN
 INFLATABLE RESTRAINT SYSTEM OR  CONTAINS  A  NON-FUNCTIONING  INFLATABLE
 RESTRAINT  SYSTEM.  IF  THE  VEHICLE  IS MISSING AN INFLATABLE RESTRAINT
 SYSTEM OR CONTAINS A NON-FUNCTIONING  INFLATABLE  RESTRAINT  SYSTEM  THE
 DISCLOSURE  OF  THE  STATUS OF THE VEHICLE'S INFLATABLE RESTRAINT SYSTEM
 SHALL BE MADE BY THE AUCTIONEER (I) IN A WRITTEN DISCLOSURE MADE IN  NOT
 LESS  THAT  TEN-POINT  BOLD  FACE TYPE AND APPEARING ON THE FRONT OF THE
 SALES CONTRACT, RECEIPT, INVOICE, OR OTHER DOCUMENT USED  IN  CONNECTION
 WITH THE SALE OF THE VEHICLE THAT SHALL SET FORTH WHETHER THE VEHICLE IS
 MISSING  AN  INFLATABLE  RESTRAINT  SYSTEM OR CONTAINS A NON-FUNCTIONING
 INFLATABLE RESTRAINT SYSTEM; AND (II) IF BY AFFIXING A CONSPICUOUS  SIGN
 TO  THE WINDSHIELD OF EACH VEHICLE OFFERED FOR SALE, SOLD OR MADE AVAIL-
 ABLE FOR INSPECTION PRIOR TO AUCTION THAT SHALL DISCLOSE THAT THE  VEHI-
 CLE  EITHER IS MISSING AN INFLATABLE RESTRAINT SYSTEM OR CONTAINS A NON-
 FUNCTIONING INFLATABLE RESTRAINT SYSTEM.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02445-03-8

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Senate Bill S4731A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2017-S4731 - Details

2017-S4731 - Summary

2017-S4731 - Sponsor Memo

2017-S4731 - Bill Text download pdf

co-Sponsors

2017-S4731A (ACTIVE) - Details

2017-S4731A (ACTIVE) - Summary

2017-S4731A (ACTIVE) - Sponsor Memo

2017-S4731A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

William Larkin

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2017-S4731 - Details

2017-S4731 - Summary

2017-S4731 - Sponsor Memo

2017-S4731 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2017-S4731A (ACTIVE) - Details

2017-S4731A (ACTIVE) - Summary

2017-S4731A (ACTIVE) - Sponsor Memo

2017-S4731A (ACTIVE) - Bill Text download pdf

Comments