Senate Bill S9615

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9615
 
                             I N  S E N A T E
 
                              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:

   Section 1. Short title. 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, RETAIL DEALER OR INDIVIDUAL  SELLER  UNLESS  THEY
 HAVE 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,  RETAIL  DEALER OR INDIVIDUAL SELLER:  (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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15323-01-6
              

 S. 9615                             2
 
 ACTION,  NOR  SHALL  RECEIPT  OF  NOTICE BE USED AS EVIDENCE OF CULPABLE
 CONDUCT IN ANY ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH.
   (3)  THE  AUTOMOBILE  AUCTIONEER,  RETAIL  DEALER OR INDIVIDUAL SELLER
 SHALL, BY ELECTRONIC MEANS OR IN  PERSON,  FORWARD  OR  PRESENT  TO  THE
 DEPARTMENT  OF  MOTOR  VEHICLES  THAT  SUCH  DISCLOSURE  OF  THE  AIRBAG
 RESTRAINT SYSTEM AND COMPLIANCE WAS ACKNOWLEDGED BY BOTH PARTIES. IF THE
 DISCLOSURE IS NOT FULFILLED, THEN THE VEHICLE OFFERED FOR SALE  MAY  NOT
 BE SOLD OR TRANSFERRED.
   § 3. This act shall take effect immediately.