S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3305
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law and  the  vehicle  and  traffic
   law, in relation to requiring dealers to provide written notice that a
   motor vehicle for sale is missing an airbag

   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. The general business law is amended by adding a new section 349-
 e-1 to read as follows:
   § 349-E-1. MISSING AIRBAGS. 1. AS USED IN THIS SECTION:
   (A) "AIRBAG" MEANS ANY COMPONENT OF AN INFLATABLE RESTRAINT SYSTEM, AS
 SUCH TERM IS DEFINED IN SECTION ONE HUNDRED NINETEEN-B  OF  THE  VEHICLE
 AND  TRAFFIC LAW, AND THAT IS DESIGNED FOR THE SPECIFIC MAKE, MODEL, AND
 YEAR OF THE MOTOR VEHICLE TO BE INSTALLED AND TO OPERATE IN THE EVENT OF
 A CRASH. AIRBAG COMPONENTS INCLUDE BUT ARE NOT  LIMITED  TO  THE  COVER,
 SENSORS, CONTROLLERS, INFLATOR, WIRING, AND THE AIRBAG ITSELF.
   (B)  "MOTOR  VEHICLE"  MEANS ANY USED PASSENGER CAR MANUFACTURED ON OR
 AFTER SEPTEMBER FIRST, NINETEEN HUNDRED NINETY-SEVEN.
   (C) "DEALER" MEANS A DEALER AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN
 OF THE VEHICLE AND TRAFFIC LAW.
   2. NO DEALER SHALL KNOWINGLY SELL A MOTOR VEHICLE AT RETAIL WITHOUT AN
 AIRBAG UNLESS WRITTEN NOTICE OF SUCH FACT IS PROVIDED TO  THE  BUYER  OR
 RECIPIENT.  THE  WRITTEN  NOTICE SHALL INCLUDE A STATEMENT THAT ACKNOWL-
 EDGES THE ABSENCE OF AN AIRBAG IN THE MOTOR VEHICLE AND WHICH AIRBAG  IS
 MISSING.
   3. A DEALER WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE GUIL-
 TY OF A VIOLATION PUNISHABLE AS PROVIDED IN THE PENAL LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02068-01-9

              

 A. 3305                             2
 
   4.  NOTHING  IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES
 WHICH ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL  OR  ANY
 OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
   § 3. Subparagraph (b) of paragraph 1 of subdivision (c) of section 301
 of  the  vehicle and traffic law, as added by chapter 161 of the laws of
 1996, is amended to read as follows:
   (b) In the case of any passenger car manufactured on or after  Septem-
 ber first, nineteen hundred ninety-seven, during the course of the vehi-
 cle safety inspection, the readiness of the inflatable restraint system,
 by  means  of  the  readiness  indicator,  shall be noted on the invoice
 supplied to the consumer.  THE INVOICE SHALL STATE THAT  LACK  OF  READ-
 INESS OF THE INFLATABLE RESTRAINT SYSTEM MAY INDICATE THAT THE VEHICLE'S
 SYSTEM  IS  NON-FUNCTIONAL  OR  MISSING.  THE  CONSUMER MUST PLACE THEIR
 INITIALS NEXT TO THE STATEMENT DEMONSTRATING THAT  THEY  HAVE  READ  AND
 UNDERSTOOD  THE  STATEMENT.  The system's lack of readiness shall not be
 considered grounds  for  the  vehicle  to  fail  the  safety  inspection
 provided for in subparagraph (a) of this paragraph.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.