S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10180
                                 I N  A S S E M B L Y
                                    August 20, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. 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:
    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. TIRE AND RIM SERIAL NUMBERS. 1. NO MOTOR VEHICLE TIRES, MOTOR
    4  CYCLE  TIRES,  MOTOR  VEHICLE  RIMS, OR MOTOR CYCLE RIMS MANUFACTURED OR
    5  ASSEMBLED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL  BE  SOLD
    6  OR  OFFERED  FOR  SALE IN THIS STATE UNLESS IT HAS AN IDENTIFYING SERIAL
    7  NUMBER THAT DISTINGUISHES THAT TIRE OR RIM FROM ALL OTHER TIRES OR  RIMS
    8  OF  THE SAME BRAND OR MODEL PERMANENTLY AND VISIBLY ENGRAVED, STAMPED OR
    9  LABELED IN READILY LEGIBLE BOLDFACED FIGURES IN SUCH A MANNER  THAT  THE
   10  SERIAL NUMBER WILL BE READILY VISIBLE AND THAT, IN THE CASE OF LABELING,
   11  SUCH LABEL CANNOT BE REMOVED WITHOUT BEING DEFACED OR DESTROYED.
   12    2.  ANY PERSON, CORPORATION, ASSOCIATION OR PARTNERSHIP WHO ASSEMBLES,
   13  DISTRIBUTES OR MANUFACTURES SUCH TIRES OR RIMS ON OR AFTER THE EFFECTIVE
   14  DATE OF THIS SECTION, IN VIOLATION OF SUBDIVISION ONE  OF  THIS  SECTION
   15  SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THREE HUNDRED DOLLARS.
   16  IN  ADDITION  TO  ANY  OTHER  PENALTY AS PROVIDED BY LAW, ANY PERSON WHO
   17  INTENTIONALLY ALTERS, CONCEALS, DEFACES, DESTROYS, OR REMOVES SUCH SERI-
   18  AL NUMBER WITH THE INTENT  TO  DEPRIVE  THE  RIGHTFUL  OWNER  OF  LAWFUL
   19  POSSESSION  SHALL  BE  GUILTY OF A VIOLATION PUNISHABLE BY A FINE NOT TO
   20  EXCEED THREE HUNDRED DOLLARS.
   21    3. NO  PERSON  REGULARLY  ENGAGED  IN  THE  BUSINESS  OF  MANUFACTURE,
   22  DISTRIBUTION,  OR  RETAIL  SALE OF SUCH TIRES OR RIMS SHALL BE DEEMED TO
   23  HAVE VIOLATED THE PROVISIONS OF THIS SECTION IF SUCH PERSON SHOWS  BY  A
   24  PREPONDERANCE  OF  EVIDENCE  THAT  THE VIOLATION WAS NOT INTENTIONAL AND
   25  RESULTED FROM BONA FIDE ERROR MADE NOTWITHSTANDING  THE  MAINTENANCE  OF
   26  PROCEDURES REASONABLY ADOPTED TO AVOID ANY SUCH ERROR.
   27    S 2. This act shall take effect on the one hundred twentieth day after
   28  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15664-01-4