S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4470--A
                                                            R. R. 257
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI, PAULIN, GALEF, WILLIAMS, GUNTHER,
   COOK, DINOWITZ, MOSLEY, ORTIZ,  JAFFEE,  BUCHWALD,  BLAKE,  GOTTFRIED,
   VANEL, WALSH, RAIA, FINCH, MONTESANO -- Multi-Sponsored by -- M. of A.
   BRAUNSTEIN,  CAHILL,  ENGLEBRIGHT,  GIGLIO, HEVESI, JEAN-PIERRE, McDO-
   NOUGH, PALMESANO, SIMON -- read once and referred to the Committee  on
   Transportation  --  reference  changed  to  the  Committee on Consumer
   Affairs and Protection -- reported and referred to  the  Committee  on
   Codes -- reported and referred to the Committee on Rules -- amended on
   the  special  order  of  third  reading, ordered reprinted as amended,
   retaining its place on the special order of third reading
 
 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. (1) 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 WHETH-
 ER THE VEHICLE 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 INFLATA-
 BLE RESTRAINT SYSTEM SHALL BE MADE BY THE AUCTIONEER (I)  IN  A  WRITTEN
 DISCLOSURE  MADE IN NOT LESS THAN 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) BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05557-04-9

 A. 4470--A                          2
 
 AFFIXING A CONSPICUOUS SIGN TO THE WINDSHIELD OF  EACH  VEHICLE  OFFERED
 FOR  SALE,  SOLD  OR MADE AVAILABLE FOR INSPECTION PRIOR TO AUCTION THAT
 SHALL  DISCLOSE  THAT  THE  VEHICLE  EITHER  IS  MISSING  AN  INFLATABLE
 RESTRAINT  SYSTEM  OR  CONTAINS  A  NON-FUNCTIONING INFLATABLE RESTRAINT
 SYSTEM.
   (2) RECEIPT OF NOTICE PURSUANT TO THIS PARAGRAPH SHALL NOT IN ANY  WAY
 BAR,  PRECLUDE  OR  FORECLOSE ANY ACTION FOR PERSONAL INJURY OR WRONGFUL
 DEATH BY OR ON BEHALF OF ANY PERSON, NOR IN ANY WAY DIMINISH, REDUCE  OR
 BE  USED  TO  MITIGATE  OR  DIMINISH THE DAMAGES RECOVERABLE IN ANY SUCH
 ACTION, NOR SHALL RECEIPT OF NOTICE BE  USED  AS  EVIDENCE  OF  CULPABLE
 CONDUCT IN ANY ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH.
   § 3. This act shall take effect immediately.