S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 1623--A                                             A. 962--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 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, McDONOUGH -- 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:
   §  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 TWENTY 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.
                                                            LBD02107-02-8
              

 S. 1623--A                          2                          A. 962--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.
   § 2. This act shall take effect immediately.