S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2747
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. MILLER -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring  tire
   and rim serial numbers for motor vehicles and motor cycle vehicles
 
   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. TIRE AND RIM SERIAL NUMBERS. 1. NO MOTOR VEHICLE TIRES, MOTOR
 CYCLE TIRES, MOTOR VEHICLE RIMS, OR MOTOR  CYCLE  RIMS  MANUFACTURED  OR
 ASSEMBLED  ON  OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE SOLD
 OR OFFERED FOR SALE IN THIS STATE UNLESS IT HAS  AN  IDENTIFYING  SERIAL
 NUMBER  THAT DISTINGUISHES THAT TIRE OR RIM FROM ALL OTHER TIRES OR RIMS
 OF THE SAME BRAND OR MODEL PERMANENTLY AND VISIBLY ENGRAVED, STAMPED  OR
 LABELED  IN  READILY LEGIBLE BOLDFACED FIGURES IN SUCH A MANNER THAT THE
 SERIAL NUMBER WILL BE READILY VISIBLE AND THAT, IN THE CASE OF LABELING,
 SUCH LABEL CANNOT BE REMOVED WITHOUT BEING DEFACED OR DESTROYED.
   2. ANY PERSON, CORPORATION, ASSOCIATION OR PARTNERSHIP WHO  ASSEMBLES,
 DISTRIBUTES OR MANUFACTURES SUCH TIRES OR RIMS ON OR AFTER THE EFFECTIVE
 DATE  OF  THIS  SECTION, IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION
 SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THREE HUNDRED DOLLARS.
 IN ADDITION TO ANY OTHER PENALTY AS PROVIDED  BY  LAW,  ANY  PERSON  WHO
 INTENTIONALLY ALTERS, CONCEALS, DEFACES, DESTROYS, OR REMOVES SUCH SERI-
 AL  NUMBER  WITH  THE  INTENT  TO  DEPRIVE  THE RIGHTFUL OWNER OF LAWFUL
 POSSESSION SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A  FINE  NOT  TO
 EXCEED THREE HUNDRED DOLLARS.
   3.  NO  PERSON  REGULARLY  ENGAGED  IN  THE  BUSINESS  OF MANUFACTURE,
 DISTRIBUTION, OR RETAIL SALE OF SUCH TIRES OR RIMS SHALL  BE  DEEMED  TO
 HAVE  VIOLATED  THE PROVISIONS OF THIS SECTION IF SUCH PERSON SHOWS BY A
 PREPONDERANCE OF EVIDENCE THAT THE VIOLATION  WAS  NOT  INTENTIONAL  AND
 RESULTED  FROM  BONA  FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF
 PROCEDURES REASONABLY ADOPTED TO AVOID ANY SUCH ERROR.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02713-01-7