S T A T E   O F   N E W   Y O R K
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                                  1631--A
     Cal. No. 687
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced by Sens. SKOUFIS, BOYLE, CARLUCCI, GAUGHRAN, GOUNARDES, MONT-
   GOMERY,  PARKER,  PERSAUD  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading, passed by Senate and delivered  to
   the  Assembly, recalled, vote reconsidered, restored to third reading,
   amended and ordered reprinted, retaining its place  in  the  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
 AFFIXING  A  CONSPICUOUS  SIGN TO THE WINDSHIELD OF EACH VEHICLE OFFERED
 FOR SALE, SOLD OR MADE AVAILABLE FOR INSPECTION PRIOR  TO  AUCTION  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05557-05-9

 S. 1631--A                          2
 
 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.