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S09615 Summary:

BILL NOS09615
 
SAME ASNo Same As
 
SPONSORWEBER
 
COSPNSR
 
MLTSPNSR
 
Amd §23, Gen Bus L
 
Enacts the "Anthony Amoros law"; requires an automobile auctioneer, retail dealer or individual seller to disclose missing or non-functioning airbags in vehicles for sale.
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S09615 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9615
 
                    IN SENATE
 
                                     March 30, 2026
                                       ___________
 
        Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Anthony Amoros Law".
     3    §  2.  Subdivision  3  of  section  23  of the general business law is
     4  amended by adding a new paragraph f to read as follows:
     5    f. (1) No motor vehicle, which  has  been  manufactured  on  or  after
     6  September  first,  nineteen  hundred  ninety-seven,  shall be sold by an
     7  automobile auctioneer, retail dealer or individual  seller  unless  they
     8  have disclosed to the buyer whether the vehicle is missing an inflatable
     9  restraint  system  or  contains  a  non-functioning inflatable restraint
    10  system. If the vehicle is missing  an  inflatable  restraint  system  or
    11  contains a non-functioning inflatable restraint system the disclosure of
    12  the status of the vehicle's inflatable restraint system shall be made by
    13  the  auctioneer,  retail  dealer or individual seller:  (i) in a written
    14  disclosure made in not less than ten-point bold face type and  appearing
    15  on  the front of the sales contract, receipt, invoice, or other document
    16  used in connection with the sale of the vehicle  that  shall  set  forth
    17  whether  the  vehicle  is  missing  an  inflatable  restraint  system or
    18  contains a non-functioning inflatable  restraint  system;  and  (ii)  by
    19  affixing  a  conspicuous  sign to the windshield of each vehicle offered
    20  for sale, sold or made available for inspection prior  to  auction  that
    21  shall  disclose  that  the  vehicle  either  is  missing  an  inflatable
    22  restraint system or  contains  a  non-functioning  inflatable  restraint
    23  system.
    24    (2)  Receipt of notice pursuant to this paragraph shall not in any way
    25  bar, preclude or foreclose any action for personal  injury  or  wrongful
    26  death  by or on behalf of any person, nor in any way diminish, reduce or
    27  be used to mitigate or diminish the  damages  recoverable  in  any  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15323-01-6

        S. 9615                             2
 
     1  action,  nor  shall  receipt  of  notice be used as evidence of culpable
     2  conduct in any action for personal injury or wrongful death.
     3    (3)  The  automobile  auctioneer,  retail  dealer or individual seller
     4  shall, by electronic means or in  person,  forward  or  present  to  the
     5  department  of  motor  vehicles  that  such  disclosure  of  the  airbag
     6  restraint system and compliance was acknowledged by both parties. If the
     7  disclosure is not fulfilled, then the vehicle offered for sale  may  not
     8  be sold or transferred.
     9    § 3. This act shall take effect immediately.
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