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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5886
                              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
       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-
   24  NATED BY THE COMMISSIONER OF MOTOR  VEHICLES  IS  PROVIDED  PURSUANT  TO
   25  SUBDIVISION  FOURTEEN  OF  SECTION FOUR HUNDRED FIFTEEN-A OF THE VEHICLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11390-01-5
       S. 5886                             2
    1  AND TRAFFIC LAW, THE SCRAP PROCESSOR SHALL RETAIN  SUCH  FORM  FOR  FIVE
    2  YEARS  FROM  THE DATE OF PURCHASE AND FORWARD A COPY OF SUCH FORM TO THE
    3  COMMISSIONER OF MOTOR VEHICLES.
    4    S  2. Paragraph b of subdivision 9 of section 415-a of the vehicle and
    5  traffic law, as amended by chapter 822 of the laws of 1982,  is  amended
    6  to read as follows:
    7    (b) A scrap processor shall maintain a record of vehicles and a record
    8  of major component parts by weight coming into his possession thereof in
    9  a  manner prescribed by the commissioner. This paragraph shall not apply
   10  to any major component part included in a mixed load. Upon request of an
   11  agent of the commissioner or any police officer or  during  his  regular
   12  and  usual  business hours, a scrap processor shall produce such records
   13  and permit such agent or police officer to inspect them and  to  inspect
   14  any  vehicles  or  major  component parts of vehicles at the time of the
   15  delivery of such vehicles or parts  to  him.  A  SCRAP  PROCESSOR  SHALL
   16  COMPLY  WITH  THE  PROVISIONS OF CHAPTER THREE HUNDRED FIVE OF PART A OF
   17  SUBTITLE VI OF TITLE FORTY-NINE OF THE UNITED STATES CODE  AS  MAY  FROM
   18  TIME  TO  TIME  BE  AMENDED.  The  failure to produce such records or to
   19  permit such inspection OR TO COMPLY WITH THE REQUIREMENTS OF THE  AFORE-
   20  MENTIONED PROVISIONS OF THE UNITED STATES CODE as required by this para-
   21  graph shall be a class A misdemeanor.
   22    S  3.  Subdivision 14 of section 415-a of the vehicle and traffic law,
   23  as added by chapter 691 of the laws of  1979,  is  amended  to  read  as
   24  follows:
   25    14.  Restrictions  on  scrap  processors.  A certified scrap processor
   26  shall not purchase any material which may have been a vehicle or a major
   27  component part of a vehicle, if recognizable as such,  from  any  person
   28  other  than a dealer registered pursuant to section four hundred fifteen
   29  of this chapter, an insurance company, a governmental agency,  a  person
   30  in  whose  name a certificate of title [or other ownership document] has
   31  been issued for such vehicle or a  person  registered  or  certified  or
   32  issued  an  identification  number  pursuant  to this section; PROVIDED,
   33  HOWEVER, THAT A SCRAP PROCESSOR MAY ACCEPT AS A SUBSTITUTE FOR A CERTIF-
   34  ICATE OF TITLE A STATEMENT OF A VEHICLE OWNER, ON A FORM  DESIGNATED  BY
   35  THE  COMMISSIONER, REGARDING TRANSFER OF A VEHICLE AT LEAST TWELVE MODEL
   36  YEARS OLD WITH A FAIR MARKET VALUE AS A VEHICLE OF TWELVE HUNDRED  FIFTY
   37  DOLLARS  OR  LESS.  A  violation  of this subdivision shall be a class A
   38  misdemeanor.
   39    S 4. This act shall take effect on the ninetieth day  after  it  shall
   40  have become a law.