NY State Senate Bill 2023-S9496

Archive: Last Bill Status - In Senate Committee Transportation Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to transportation

co-Sponsors

2023-S9496 (ACTIVE) - Details

See Assembly Version of this Bill:: A6057
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §398-d sub 6 ¶(e), §415-c, add §415-c, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S8513, A7423

2023-S9496 (ACTIVE) - Summary

Provides for the sale of salvaged airbags; allows for the sale of non-deployed recycled airbags in New York, provided that such airbags meet required safety standards.

2023-S9496 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9496

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the sale of
salvaged airbags; and to repeal certain provisions of such law relating
thereto

 
PURPOSE:

To allow the sale of non-deployed recycled airbags in New York, provided
that such airbags pass required safety standards.

Section 1 - repeals paragraph (e) of subdivision (6) of section 398-d of
the vehicle and traffic law, which prevents the sale of recycled airbags
unless such airbag is certified according to standards established by a
nationally recognized testing, engineering and research body.

Section 2 - repeals Section 415-c of the vehicle and traffic law, relat-
ing to the restriction on the sale of salvaged inflatable restraint
systems. It also adds a new section 415-c, governing the sale of non-de-
ployed recycled airbags.

Section 3sets the effective date.

 
JUSTIFICATION:

New York law requires anyone attempting to sell airbags that are
salvaged from another vehicle (non-deployed recycled airbags) to have it
certified according to the standards established by a nationally recog-
nized testing, engineering, and research body approved by the Commis-
sioner of DMV in consultation with the Superintendent of DFS.  While
this law has been in effect since 1998, an appropriate testing and engi-
neering body was never created, which has therefore rendered all sale of
salvaged airbags illegal in New York State. New York State is the only
state in the country in which it is functionally illegal to sell non-de-
ployed recycled airbags.

However, it is not illegal for repair shops to install non-deployed
recycled airbags in New York, meaning that repair shops often go to
neighboring states to purchase non-deployed recycled airbags and install
them in New York, putting New York recycled parts dealers at an unneces-
sary disadvantage.

Further, due to the high cost of purchasing a new airbag compared to a
non-deployed recycled airbag, many vehicles involved in collisions in
New York are totaled by insurers, when they would not be in other
states. In other states, an insurer will often allow the deployed airbag
to be replaced with a non-deployed recycled airbag, ultimately providing
cost savings to the consumer.

 
LEGISLATIVE HISTORY:

2021-22: s.8513/a.7423B

 
FISCAL IMPACT:

None to state
 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law?

2023-S9496 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9496
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sens.  COONEY, O'MARA, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 AN  ACT to amend the vehicle and traffic law, in relation to the sale of
   salvaged airbags; and to repeal certain provisions of such law  relat-
   ing thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 6  of  section  398-d  of  the
 vehicle and traffic law is REPEALED.
   §  2.  Section  415-c of the vehicle and traffic law is REPEALED and a
 new section 415-c is added to read as follows:
   § 415-C. SALE OF ORIGINAL EQUIPMENT NON-DEPLOYED RECYCLED AIRBAGS.  1.
 ANY  RECYCLED  AIRBAG  OFFERED  FOR  SALE SHALL BE NON-DEPLOYED ORIGINAL
 EQUIPMENT REMOVED FROM A SALVAGED  VEHICLE,  AND  INSTALLED  IN  ANOTHER
 VEHICLE  FOR WHICH IT IS A CORRECT REPLACEMENT PART.  THIS SECTION SHALL
 NOT APPLY TO THE  SALE  OF  REBUILT,  RE-MANUFACTURED,  OR  NON-ORIGINAL
 EQUIPMENT  AIRBAGS  OR  AIRBAG  SYSTEM  COMPONENTS,  OR TO ANY AIRBAG OR
 AIRBAG SYSTEM THAT HAS BEEN DISASSEMBLED, ALTERED, REPAIRED, OR HAS  HAD
 ANY PARTS REMOVED OR REPLACED.
   2. A NON-DEPLOYED RECYCLED AIRBAG THAT IS UNDER AN ACTIVE MANUFACTURER
 RECALL, COMES FROM A FLOOD VEHICLE AS DETERMINED BY THE COMMISSIONER, OR
 THAT  DOES  NOT HAVE AN IDENTIFIABLE SERIAL NUMBER, SHALL NOT BE OFFERED
 FOR SALE.
   3. PRIOR TO SALE, A PROVIDER OF NON-DEPLOYED  RECYCLED  AIRBAGS  SHALL
 CONDUCT  AN  INSPECTION OF SUCH AIRBAGS, WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) THE IDENTIFICATION AND RECORDING OF THE VEHICLE YEAR, MAKE, MODEL,
 VEHICLE IDENTIFICATION NUMBER, AND AIRBAG TRIM COLOR OF THE VEHICLE THAT
 THE NON-DEPLOYED RECYCLED AIRBAG WAS REMOVED FROM; AND
   (B) A VISUAL INSPECTION OF THE AIRBAG, THE AIRBAG SYSTEM,  THE  AIRBAG
 MODULE  COVER, AND ELECTRICAL CONNECTORS, INCLUDING REVIEW FOR ANY SIGNS
 OF DAMAGE OR CONTAMINATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01805-06-4

 S. 9496                             2
 
   4.  UPON THE SALE OF A  NON-DEPLOYED  RECYCLED  AIRBAG,  THE  PROVIDER
 SHALL  PROVIDE  THE  BUYER WITH A WRITTEN CERTIFICATION OF THE FOLLOWING
 INFORMATION:
   (A)  THE  IDENTITY  OF  THE  PERSON OR ENTITY SELLING THE NON-DEPLOYED
 RECYCLED AIRBAG;
   (B) THE YEAR, MAKE, MODEL, AND VEHICLE IDENTIFICATION  NUMBER  OF  THE
 VEHICLE RECEIVING THE NON-DEPLOYED RECYCLED AIRBAG;
   (C)  THE  IDENTIFICATION OF THE VEHICLE THAT THE NON-DEPLOYED RECYCLED
 AIRBAG WAS REMOVED FROM, INCLUDING THE YEAR, MAKE,  MODEL,  AND  VEHICLE
 IDENTIFICATION NUMBER;
   (D) THE SUPPLIER'S INTERNAL STOCK NUMBER FOR THE NON-DEPLOYED RECYCLED
 AIRBAG;
   (E)  THAT  THE NON-DEPLOYED RECYCLED AIRBAG IS AN APPROPRIATE PART FOR
 THE VEHICLE RECEIVING THE NON-DEPLOYED RECYCLED AIRBAG; AND
   (F) THAT ALL OF THE REQUIREMENTS OF THE INSPECTION  AS  PRESCRIBED  IN
 SUBDIVISION THREE OF THIS SECTION HAVE BEEN MET.
   5.  A NON-DEPLOYED RECYCLED AIRBAG SHALL ONLY BE OFFERED FOR SALE BY A
 VEHICLE DISMANTLER THAT IS REGISTERED PURSUANT TO SECTION  FOUR  HUNDRED
 FIFTEEN-A OF THIS ARTICLE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S9496

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2023-S9496 (ACTIVE) - Details

2023-S9496 (ACTIVE) - Summary

2023-S9496 (ACTIVE) - Sponsor Memo

2023-S9496 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9496

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Sponsored By

Jeremy Cooney

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Patrick M. Gallivan

Pamela Helming

Thomas F. O'Mara

Julia Salazar

2023-S9496 (ACTIVE) - Details

2023-S9496 (ACTIVE) - Summary

2023-S9496 (ACTIVE) - Sponsor Memo

2023-S9496 (ACTIVE) - Bill Text download pdf

Comments