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.