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

    S. 320--A                                              A. 100--A

                       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 -- recommitted to the Committee on Consumer  Protection  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  -- Introduced by M. of A. THIELE, SCHIMEL -- read once and
  referred to the Committee on Consumer Affairs and Protection -- recom-
  mitted to the Committee on Consumer Affairs and Protection in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:

  Section 1. The general business law is amended by adding a new section
198-d to read as follows:
  S 198-D. SPARE TIRE AND JACK REQUIRED. (A)  EVERY  NEW  PASSENGER-TYPE
MOTOR  VEHICLE,  EXCEPT  A MOTORCYCLE, MANUFACTURED FOR SALE IN NEW YORK
STATE ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN SHALL BE OFFERED
FOR SALE WITH A SPARE TIRE AND JACK. FOR PURPOSES OF THIS SECTION:
  (1) "PASSENGER-TYPE MOTOR VEHICLE" SHALL MEAN ANY MOTOR VEHICLE WITH A
SEATING CAPACITY OF NOT MORE THAN EIGHT ADULTS;
  (2) "SPARE TIRE" SHALL MEAN A TIRE MOUNTED ON A  WHEEL  AND  INFLATED,
WHICH  IS  EITHER ATTACHED TO THE OUTSIDE OF THE MOTOR VEHICLE OR STOWED
IN A COMPARTMENT WITHIN SUCH MOTOR VEHICLE. A SPARE TIRE MAY BE A  FULL-
SIZE TIRE OR A TEMPORARY TIRE, COMMONLY REFERRED TO AS A "DONUT"; AND

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

                                                           LBD02400-03-6

S. 320--A                           2                          A. 100--A

  (3)  "JACK"  SHALL MEAN A DEVICE CAPABLE OF RAISING OR LIFTING A MOTOR
VEHICLE FOR THE PURPOSE OF CHANGING ANY TIRE ON SUCH MOTOR VEHICLE.
  (B) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION BY ANY MANUFACTUR-
ER OF MOTOR VEHICLES SHALL CONSTITUTE AN OFFENSE AND SHALL BE PUNISHABLE
BY  A  CIVIL  FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS FOR EACH
OFFENSE.
  (C) ANY BUYER OF A MOTOR VEHICLE THAT IS SUBJECT TO THE PROVISIONS  OF
THIS  SECTION  MAY WAIVE THE REQUIREMENT SET FORTH IN SUBDIVISION (A) OF
THIS SECTION, PROVIDED THAT THE WAIVER IS MADE IN WRITING AND A COPY  OF
SUCH WAIVER CONTAINING THE BUYER'S SIGNATURE IS PROVIDED TO SUCH BUYER.
  S 2. This act shall take effect immediately.