Bill Text: NY A08186 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the transfer of motor vehicles as scrap.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-01-06 - referred to economic development [A08186 Detail]
Download: New_York-2015-A08186-Introduced.html
Bill Title: Relates to the transfer of motor vehicles as scrap.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-01-06 - referred to economic development [A08186 Detail]
Download: New_York-2015-A08186-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8186
2015-2016 Regular Sessions
I N A S S E M B L Y
June 11, 2015
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Economic Development
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
A. 8186 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.
