S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 320                                                    A. 100
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when  printed  to  be committed to the Committee on Consumer
         Protection
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to the Committee on Consumer Affairs and Protection
       AN  ACT to amend the general business law, in relation to providing that
         new passenger-type motor vehicles shall be offered  for  sale  with  a
         spare tire and jack
         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  198-d to read as follows:
    3    S 198-D. SPARE TIRE AND JACK REQUIRED. (A)  EVERY  NEW  PASSENGER-TYPE
    4  MOTOR  VEHICLE,  EXCEPT  A MOTORCYCLE, MANUFACTURED FOR SALE IN NEW YORK
    5  STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL  BE  OFFERED
    6  FOR SALE WITH A SPARE TIRE AND JACK. FOR PURPOSES OF THIS SECTION:
    7    (1) "PASSENGER-TYPE MOTOR VEHICLE" SHALL MEAN ANY MOTOR VEHICLE WITH A
    8  SEATING CAPACITY OF NOT MORE THAN EIGHT ADULTS;
    9    (2)  "SPARE  TIRE"  SHALL MEAN A TIRE MOUNTED ON A WHEEL AND INFLATED,
   10  WHICH IS EITHER ATTACHED TO THE OUTSIDE OF THE MOTOR VEHICLE  OR  STOWED
   11  IN  A COMPARTMENT WITHIN SUCH MOTOR VEHICLE. A SPARE TIRE MAY BE A FULL-
   12  SIZE TIRE OR A TEMPORARY TIRE, COMMONLY REFERRED TO AS A "DONUT"; AND
   13    (3) "JACK" SHALL MEAN A DEVICE CAPABLE OF RAISING OR LIFTING  A  MOTOR
   14  VEHICLE FOR THE PURPOSE OF CHANGING ANY TIRE ON SUCH MOTOR VEHICLE.
   15    (B) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION BY ANY MANUFACTUR-
   16  ER OF MOTOR VEHICLES SHALL CONSTITUTE AN OFFENSE AND SHALL BE PUNISHABLE
   17  BY  A  CIVIL  FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS FOR EACH
   18  OFFENSE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02400-01-5
       S. 320                              2                             A. 100
    1    (C) ANY BUYER OF A MOTOR VEHICLE THAT IS SUBJECT TO THE PROVISIONS  OF
    2  THIS  SECTION MAY WAIVE THE REQUIREMENT FORTH IN SUBDIVISION (A) OF THIS
    3  SECTION, PROVIDED THAT THE WAIVER IS MADE IN WRITING AND A COPY OF  SUCH
    4  WAIVER CONTAINING THE BUYER'S SIGNATURE IS PROVIDED TO SUCH BUYER.
    5    S 3. This act shall take effect immediately.