Provides that airbags (not required by federal law) sold and installed by motor vehicle dealers or manufacturers must be offered as standard with the model or as stand alone options; provides for civil penalties for violations; further provides certain exemptions; authorizes attorney general enforcement.
STATE OF NEW YORK
________________________________________________________________________
3793
2009-2010 Regular Sessions
IN SENATE
April 1, 2009
___________
Introduced by Sen. MONSERRATE -- 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 the manner of
the sale of airbags by motor vehicle dealers or manufacturers in
certain cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 390-d to read as follows:
3 § 390-d. Manner of sale of airbags by motor vehicle dealers or
4 manufacturers in certain cases. 1. Any motor vehicle dealer or manufac-
5 turer who, in connection with the sale or lease, or the offer for sale
6 or lease of a new motor vehicle only, offers for sale and installation
7 an airbag must offer such airbag as a standard feature of that model of
8 motor vehicle or as an option, the purchase of which does not require
9 the purchase of other options, whether or not such airbag is also
10 offered as part of a package of options.
11 2. This section shall not apply to airbags required to be installed by
12 federal law.
13 3. A motor vehicle dealer shall not be in violation of this section if
14 the dealer, after due diligence, is unable to acquire from the manufac-
15 turer a vehicle equipped with airbags as an option without the purchase
16 of a package of options.
17 4. Violation of this section shall be punishable by a civil penalty of
18 not more than two hundred fifty dollars for the first offense and not
19 more than one thousand dollars for each subsequent offense.
20 5. Whenever there shall be a violation of this section, an application
21 may be made by the attorney general in the name of the people of the
22 state of New York to a court or justice having jurisdiction by a special
23 proceeding to issue an injunction, and upon notice to the defendant of
24 not less than five days, to enjoin and restrain the continuance of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06618-01-9
S. 3793 2
1 violations; and if it shall appear to the satisfaction of the court or
2 justice that the defendant has, in fact, violated this section, an
3 injunction may be issued by such court or justice, enjoining and
4 restraining any further violation, without requiring proof that any
5 person has, in fact, been injured or damaged thereby. In any such
6 proceeding, the court may make allowances to the attorney general as
7 provided in paragraph six of subdivision (a) of section eighty-three
8 hundred three of the civil practice law and rules and direct restitu-
9 tion. Whenever the court shall determine that a violation of this
10 section has occurred, the court may impose a civil penalty of not more
11 than one thousand dollars for such violation. In connection with any
12 such application, the attorney general is authorized to take proof and
13 make a determination of the relevant facts and to issue subpoenas in
14 accordance with the civil practice law and rules.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law and shall apply only to new motor vehicles
17 manufactured and sold on and after such date.
