S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5272
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, HARRIS, PAULIN, JENNE, MOYA, GALEF,
   WILLIAMS, GUNTHER, COOK, DINOWITZ, MOSLEY,  ORTIZ,  JAFFEE,  BUCHWALD,
   WALSH,  RAIA,  FINCH,  CASTORINA,  MURRAY, MONTESANO, GJONAJ -- Multi-
   Sponsored by -- M.   of A. BRAUNSTEIN,  CAHILL,  ENGLEBRIGHT,  GIGLIO,
   HEVESI,  JEAN-PIERRE,  McDONOUGH,  PALMESANO, SEPULVEDA, SIMON -- read
   once and referred 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02445-01-7

 A. 5272                             2
 
 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 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.