What's happening
This bill requires automobile auctioneers to disclose if vehicles manufactured after September 1997 have missing or non-functioning airbags.
Why it matters
Increases transparency for used car buyers. by requiring auctioneers to clearly disclose if a vehicle’s airbags (inflatable restraint systems) are missing or non-functioning, helping buyers make safer, more informed decisions.
Mandates multiple forms of disclosure. , including both a written notice (on the sales contract or invoice in at least 10-point bold type) and a conspicuous sign on the vehicle’s windshield, making it harder for sellers to hide or downplay airbag issues.
Protects consumer legal rights. by specifying that receiving this disclosure does not limit or weaken a buyer’s ability to sue for personal injury or wrongful death related to airbag defects, nor can it be used against them in court as evidence of accepting risk.
Targets vehicles from 1997 onward. , aligning with when airbags became standard, thus addressing a major safety concern for the vast majority of vehicles on the road today.
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Who cares
Headline styles
Disclose Airbag Defects When Selling
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.436
- Referred to consumer protection
- Returned to senate
- Died in assembly
- Ordered to third reading rules cal.257
- Substituted for A4470A
- Referred to codes
- Returned to assembly
- Repassed senate
Show 11 earlier actions
- Amended on third reading 1631a
- Vote reconsidered - restored to third reading
- Returned to senate
- Recalled from assembly
- Referred to consumer affairs and protection
- Delivered to assembly
- Passed senateVote 51–9
- Advanced to third reading
- 2nd report cal.
- 1st report cal.687
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Disclose Airbag Defects Before Sale
Assembly Floor Calendar · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1631--A Cal. No. 687
2019-2020 Regular Sessions
IN SENATE
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 Assembly, 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 whether 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 inflatable 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to missing or non-functioning airbags in certain vehicles
Purpose or general idea of bill
The bill will enact "The Anthony Amoros Law" which will require disclo- sure by the seller when a vehicle is either missing an airbag or contains a non-functioning airbag.
Summary of provisions
Section 1: States that the act shall be known as the "Anthony Amoros Law."
Section 2: Amends section 23 of the general business law as it relates to requiring automobile auctioneers to disclose to buyers whether the vehicle is missing or has a non-functioning airbag. This requirement would only apply to vehicles manufactured after September 1, 1997. Disclosure of a missing or non-functioning airbag shall not bar or preclude any legal action for personal injury or wrongful death.
Section 3: Relates to the effective date.
Justification
This bill would increase transparency into the status of a vehicle's airbag at the point of sale. Buyers should know whether the vehicle they are purchasing is missing an airbag for both safety and financial reasons. Replacement airbags can cost thousands of dollars which would severely impact a motor vehicle's value at purchase.
In addition, if the buyer is unaware that their vehicle's airbag is missing or nonfunctioning then it places them at risk in the even t of an accident. This bill is named after a constituent who tragically died in a single car accident where the vehicle's airbag did not deploy because it was removed prior to the purchase. This legislation would provide car buyers with critical and necessary information so that they can make informed purchases.
Prior legislative history
Assembly: 02/07/17 Referred to Transportation 01/03/18 Referred to Transportation 04/16/18 Amend (t) and Recommit to Transportation 04/16/18 Print number 5272a Senate: 02/24/17 REFERRED TO TRANSPORTATION 01/03/18 REFERRED TO TRANSPORTATION 04/26/18 AMEND (T) AND RECOMMIT TO TRANSPORTATION 04/26/18 PRINT NUMBER 4731A
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.