Bill Text: NY S05886 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to the transfer of motor vehicles as scrap.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S05886 Detail]

Download: New_York-2015-S05886-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5886--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 10, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Rules  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the general business law and the vehicle and traffic
         law, in relation to the transfer of motor vehicles as scrap
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1 of section 69-g of the general business law,
    2  as amended by chapter 302 of the laws of 2007, is  amended  to  read  as
    3  follows:
    4    1.  Such  scrap processor shall record (i) each purchase of any pig or
    5  pigs of metal, bronze or brass castings  or  parts  thereof,  sprues  or
    6  gates  or parts thereof, utility wire or brass car journals, or of metal
    7  beer kegs, and (ii) each purchase of iron, steel and/or nonferrous scrap
    8  for a price of fifty dollars or more, and preserve  such  record  for  a
    9  period  of  [three]  FIVE  years[;], which record shall show the date of
   10  purchase[,]; name of seller[,]; his residence address by street, number,
   11  city, village or town[,]; the driver's  license  number  or  information
   12  from  a government issued photographic identification card[, if any,] of
   13  such person[, or by such description as will reasonably locate the sell-
   14  er,]; AND the type and quantity of such purchase[; and the].  THE  scrap
   15  processor  shall  cause  such  record  to be signed by the seller or his
   16  agent. It shall be unlawful for any seller to  refuse  to  furnish  such
   17  information  or  to  furnish  incorrect  or incomplete information. Such
   18  scrap processor shall also make and retain  a  copy  of  the  government
   19  issued  photographic  identification card used to verify the identity of
   20  the person from whom the scrap metal was purchased and shall retain this
   21  copy in a separate book, register or electronic archive for  [two]  FIVE
   22  years  from  the date of purchase. WHERE THE SCRAP PROCESSOR PURCHASES A
   23  VEHICLE FOR WHICH A STATEMENT FROM THE VEHICLE OWNER ON  A  FORM  DESIG-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11390-03-5
       S. 5886--A                          2
    1  NATED  BY  THE  COMMISSIONER  OF  MOTOR VEHICLES IS PROVIDED PURSUANT TO
    2  SUBDIVISION FOURTEEN OF SECTION FOUR HUNDRED FIFTEEN-A  OF  THE  VEHICLE
    3  AND  TRAFFIC  LAW,  THE  SCRAP PROCESSOR SHALL RETAIN SUCH FORM FOR FIVE
    4  YEARS  FROM  THE DATE OF PURCHASE AND FORWARD A COPY OF SUCH FORM TO THE
    5  COMMISSIONER OF MOTOR VEHICLES.
    6    S 2.  Subdivision 14 of section 415-a of the vehicle and traffic  law,
    7  as  added  by  chapter  691  of  the laws of 1979, is amended to read as
    8  follows:
    9    14. Restrictions on scrap  processors.  A  certified  scrap  processor
   10  shall not purchase any material which may have been a vehicle or a major
   11  component  part  of  a vehicle, if recognizable as such, from any person
   12  other than a dealer registered pursuant to section four hundred  fifteen
   13  of  this  chapter, an insurance company, a governmental agency, a person
   14  in whose name a certificate of title [or other ownership  document]  has
   15  been  issued  for  such  vehicle  or a person registered or certified or
   16  issued an identification number  pursuant  to  this  section;  PROVIDED,
   17  HOWEVER, THAT A SCRAP PROCESSOR MAY ACCEPT AS A SUBSTITUTE FOR A CERTIF-
   18  ICATE  OF  TITLE A STATEMENT OF A VEHICLE OWNER, ON A FORM DESIGNATED BY
   19  THE COMMISSIONER, REGARDING TRANSFER OF A VEHICLE AT LEAST TWELVE  MODEL
   20  YEARS  OLD WITH A FAIR MARKET VALUE AS A VEHICLE OF TWELVE HUNDRED FIFTY
   21  DOLLARS OR LESS. A violation of this subdivision  shall  be  a  class  A
   22  misdemeanor.
   23    S  3.  This  act shall take effect on the ninetieth day after it shall
   24  have become a law.