NY State Senate Bill 2021-S1834

Senate Bill S1834

Signed By Governor

2021-2022 Legislative Session

Prohibits retail dealers of second hand motor vehicles from selling a motor vehicle without a functioning inflatable restraint system

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 07, 2021	signed chap.580
Oct 27, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading cal.284 substituted for a394a
Jun 09, 2021	referred to codes delivered to assembly passed senate ordered to third reading cal.1688 committee discharged and committed to rules
Jun 02, 2021	print number 1834a
Jun 02, 2021	amend and recommit to transportation
Jan 16, 2021	referred to transportation

Votes

- Jun 9, 2021 - Floor Vote
  S1834
  
  47
  
  Aye
  
  16
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (47)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (16)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Jordan
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 9, 2021 - Rules Committee Vote
  S1834
  
  16
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2021
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      nay (3)
      
      Gallivan
      
      O'Mara
      
      Ortt
      
      aye wr (2)
      
      Griffo
      
      Lanza

Bill Amendments

Original

A (Active)

2021-S1834 - Details

See Assembly Version of this Bill:: A394
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §417, add §419-a, V & T L
Versions Introduced in 2019-2020 Legislative Session:: S6513, A8308

2021-S1834 - Summary

Prohibits retail dealers of second hand motor vehicles from selling a motor vehicle which is subject to federal motor vehicle safety standards for inflatable restraint systems unless such vehicle is equipped with an inflatable restraint system which conforms to the federal motor vehicle safety standard applicable to that vehicle and a readiness indicator light indicating a functioning inflatable restraint system.

2021-S1834 - Sponsor Memo

                                
 
BILL NUMBER: S1834

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to prohibiting
retail dealers of second hand motor vehicles from selling motor vehicles
required to contain an inflatable restraint system by the federal motor
vehicle safety standard applicable to that vehicle unless such vehicle
is equipped with an inflatable restraint system which conforms to the
federal motor vehicle safety standard applicable to that vehicle

 
PURPOSE OF THE BILL:

The bill will prohibit used car dealers from selling certain vehicles
without a functioning airbag.

 
SUMMARY OF PROVISIONS:

Section one of the bill entitles the act "Anthony Amoros Law."

Section two of the bill amends section 417 of the vehicle and traffic
law in relation to requiring certificates given to a vehicle buyer must
certify that the vehicle is equipped with an airbag and a readiness
indicator light that indicates the airbag is functioning.

Section three of the bill amends the vehicle and traffic law by adding a
new section 419-a as it relates to requiring used vehicles sold at
retail to be equipped with an inflatable restraint system that conforms
with the federal motor vehicle safety standards for that vehicle and a
readiness indicator light that indicates the airbag is functioning.

Section four of the bill relates to the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amendments clarify that the vehicle must have a readiness indicator
light that indicates the airbag is functioning.

 
JUSTIFICATION:

This bill would require used vehicles sold at retail to contain a func-
tioning airbag. Currently, there is no requirement that a used vehicle
sold by a dealer would need to have a working airbag. This potentially
leaves motorists vulnerable by allowing vehicles to be sold that do not
have one of the most critical safety devices. By requiring all used
vehicles to contain a functioning airbag, car buyers will have assurance
that their vehicle is safe to drive.

 
PRIOR LEGISLATIVE HISTORY:

2020 - S6513B Amend (T) and Recommit to Transportation- Print Number

6513B

Assembly

2020 - A8303B Amended on Third Reading (T) 8308B

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S1834 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1834
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
   retail  dealers of second hand motor vehicles from selling motor vehi-
   cles required to contain an inflatable restraint system by the federal
   motor vehicle safety standard applicable to that vehicle  unless  such
   vehicle is equipped with an inflatable restraint system which conforms
   to  the federal motor vehicle safety standard applicable to that vehi-
   cle
 
   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. Section 417 of the vehicle and traffic law, as amended by chapter
 206 of the laws of 1979, the closing paragraph as added by  chapter  469
 of the laws of 1994, is amended to read as follows:
   § 417. Certificates  by  retail  dealers on sales of second hand motor
 vehicles. Upon the sale or transfer of title by a retail dealer  of  any
 second  hand  motor vehicle, intended for use by the buyer, his agent or
 representative upon the public highways, the vendor  shall  execute  and
 deliver  to the vendee an instrument in writing, in a form prescribed by
 the commissioner, in which shall be given the make, year of  manufacture
 and  identification  number  of  the  said  motor  vehicle, the name and
 address of the vendee, and the date of  delivery  to  the  vendee.  Such
 notice  shall  also  contain  a  certification  that  said motor vehicle
 complies with such requirements of this chapter as shall be specified by
 the commissioner and that it is in condition and repair to render, under
 normal use, satisfactory and adequate service upon the public highway at
 the time of delivery. IT SHALL ALSO CERTIFY THAT SUCH  VEHICLE  COMPLIES
 WITH  THE  EQUIPMENT  REQUIREMENTS IN SECTION FOUR HUNDRED NINETEEN-A OF
 THIS ARTICLE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04368-01-1

 S. 1834                             2
 
   The failure of the vendor to deliver to  the  vendee  the  certificate
 required  by this section or delivery of a false certificate knowing the
 same to  be  false  or  misleading  or  without  making  an  appropriate
 inspection  to  determine  whether  the contents of such certificate are
 true  shall  constitute  a  violation of this section. The delivery of a
 false certificate shall raise  presumption  that  such  certificate  was
 issued without an appropriate inspection.
   This  section  shall  not  apply  to  a motor vehicle transferred to a
 lessee, a family member of a lessee, or an employee of a lessee, who has
 had possession of the vehicle for a period of one hundred twenty days or
 more under a lease.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 419-a to read as follows:
   § 419-A. INFLATABLE RESTRAINT SYSTEM, REQUIRED EQUIPMENT UPON SALE. NO
 RETAIL  DEALER  MAY SELL A SECOND HAND MOTOR VEHICLE WHICH IS SUBJECT TO
 FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR INFLATABLE RESTRAINT  SYSTEMS
 AS  PROVIDED  IN  PART  571.208 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
 LATIONS, UNLESS SUCH VEHICLE IS EQUIPPED WITH  AN  INFLATABLE  RESTRAINT
 SYSTEM  WHICH  CONFORMS  TO  SUCH  FEDERAL MOTOR VEHICLE SAFETY STANDARD
 APPLICABLE TO THAT VEHICLE AND A READINESS INDICATOR LIGHT INDICATING  A
 FUNCTIONING INFLATABLE RESTRAINT SYSTEM.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

2021-S1834A (ACTIVE) - Details

See Assembly Version of this Bill:: A394
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §417, add §419-a, V & T L
Versions Introduced in 2019-2020 Legislative Session:: S6513, A8308

2021-S1834A (ACTIVE) - Summary

2021-S1834A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1834A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to prohibiting
retail dealers of second hand motor vehicles from selling motor vehicles
required to contain an inflatable restraint system by the federal motor
vehicle safety standard applicable to that vehicle unless such vehicle
is equipped with an inflatable restraint system which conforms to the
federal motor vehicle safety standard applicable to that vehicle

 
PURPOSE OF THE BILL:

The bill will prohibit used car dealers from selling certain vehicles
without a functioning airbag.

 
SUMMARY OF PROVISIONS:

Section one of the bill entitles the act "Anthony Amoros' Law."

Section two of the bill amends section 417 of the vehicle and traffic
law in relation to requiring certificates given to a vehicle buyer must
certify that the vehicle is equipped with an airbag and a readiness
indicator light that indicates the airbag is functioning.

Section three of the bill amends the vehicle and traffic law by adding a
new section 419-a as it relates to requiring used vehicles sold at
retail to be equipped with an inflatable restraint system that conforms
with the federal motor vehicle safety standards for that vehicle and a
readiness indicator light that indicates the airbag is functioning.

Section four of the bill relates to the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amended version makes technical changes.

 
JUSTIFICATION:

This bill would require used vehicles sold at retail to contain a func-
tioning airbag. Currently, there is no requirement that a used vehicle
sold by a dealer would need to have a working airbag. This potentially
leaves motorists vulnerable by allowing vehicles to be sold that do not
have one of the most critical safety devices. By requiring all used
vehicles to contain a functioning airbag, car buyers will have assurance
that their vehicle is safe to drive.

 
PRIOR LEGISLATIVE HISTORY:

A8308B of 2019-20

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S1834A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1834--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
   retail  dealers of second hand motor vehicles from selling motor vehi-
   cles required to contain an inflatable restraint system by the federal
   motor vehicle safety standard applicable to that vehicle  unless  such
   vehicle is equipped with an inflatable restraint system which conforms
   to  the federal motor vehicle safety standard applicable to that vehi-
   cle
 
   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. Section 417 of the vehicle and traffic law, as amended by chapter
 206 of the laws of 1979, the closing paragraph as added by  chapter  469
 of the laws of 1994, is amended to read as follows:
   § 417. Certificates  by  retail  dealers on sales of second hand motor
 vehicles. Upon the sale or transfer of title by a retail dealer  of  any
 second  hand  motor vehicle, intended for use by the buyer, his agent or
 representative upon the public highways, the vendor  shall  execute  and
 deliver  to the vendee an instrument in writing, in a form prescribed by
 the commissioner, in which shall be given the make, year of  manufacture
 and  identification  number  of  the  said  motor  vehicle, the name and
 address of the vendee, and the date of  delivery  to  the  vendee.  Such
 notice  shall  also  contain  a  certification  that  said motor vehicle
 complies with such requirements of this chapter as shall be specified by
 the commissioner and that it is in condition and repair to render, under
 normal use, satisfactory and adequate service upon the public highway at
 the time of delivery. IT SHALL ALSO CERTIFY THAT SUCH  VEHICLE  COMPLIES

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04368-03-1

 S. 1834--A                          2
 
 WITH  THE  EQUIPMENT  REQUIREMENTS IN SECTION FOUR HUNDRED NINETEEN-A OF
 THIS ARTICLE.
   The  failure  of  the  vendor to deliver to the vendee the certificate
 required by this section or delivery of a false certificate knowing  the
 same  to  be  false  or  misleading  or  without  making  an appropriate
 inspection to determine whether the contents  of  such  certificate  are
 true  shall  constitute  a  violation of this section. The delivery of a
 false certificate shall raise  presumption  that  such  certificate  was
 issued without an appropriate inspection.
   This  section  shall  not  apply  to  a motor vehicle transferred to a
 lessee, a family member of a lessee, or an employee of a lessee, who has
 had possession of the vehicle for a period of one hundred twenty days or
 more under a lease.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 419-a to read as follows:
   § 419-A. INFLATABLE RESTRAINT SYSTEM, REQUIRED EQUIPMENT UPON SALE. NO
 RETAIL  DEALER  MAY SELL A SECOND HAND MOTOR VEHICLE WHICH IS SUBJECT TO
 FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR INFLATABLE RESTRAINT  SYSTEMS
 AS  PROVIDED  IN  PART  571.208 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
 LATIONS, UNLESS SUCH VEHICLE IS EQUIPPED WITH  AN  INFLATABLE  RESTRAINT
 SYSTEM  WHICH  CONFORMS  TO  SUCH  FEDERAL MOTOR VEHICLE SAFETY STANDARD
 APPLICABLE TO THAT VEHICLE AND THE READINESS INDICATOR  LIGHT  DOES  NOT
 INDICATE A MALFUNCTION OF THE INFLATABLE RESTRAINT SYSTEM.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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