Bill Text: NY A08186 | 2015-2016 | General Assembly | Amended

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8186--A
                              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 -- 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-
   24  NATED  BY  THE  COMMISSIONER  OF  MOTOR VEHICLES IS PROVIDED PURSUANT TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11390-02-5
       A. 8186--A                          2
    1  SUBDIVISION FOURTEEN OF SECTION FOUR HUNDRED FIFTEEN-A  OF  THE  VEHICLE
    2  AND  TRAFFIC  LAW,  THE  SCRAP PROCESSOR SHALL RETAIN SUCH FORM FOR FIVE
    3  YEARS FROM THE DATE OF PURCHASE AND FORWARD A COPY OF SUCH FORM  TO  THE
    4  COMMISSIONER OF MOTOR VEHICLES.
    5    S  2.  Subdivision 14 of section 415-a of the vehicle and traffic law,
    6  as added by chapter 691 of the laws of  1979,  is  amended  to  read  as
    7  follows:
    8    14.  Restrictions  on  scrap  processors.  A certified scrap processor
    9  shall not purchase any material which may have been a vehicle or a major
   10  component part of a vehicle, if recognizable as such,  from  any  person
   11  other  than a dealer registered pursuant to section four hundred fifteen
   12  of this chapter, an insurance company, a governmental agency,  a  person
   13  in  whose  name a certificate of title [or other ownership document] has
   14  been issued for such vehicle or a  person  registered  or  certified  or
   15  issued  an  identification  number  pursuant  to this section; PROVIDED,
   16  HOWEVER, THAT A SCRAP PROCESSOR MAY ACCEPT AS A SUBSTITUTE FOR A CERTIF-
   17  ICATE OF TITLE A STATEMENT OF A VEHICLE OWNER, ON A FORM  DESIGNATED  BY
   18  THE  COMMISSIONER, REGARDING TRANSFER OF A VEHICLE AT LEAST TWELVE MODEL
   19  YEARS OLD WITH A FAIR MARKET VALUE AS A VEHICLE OF TWELVE HUNDRED  FIFTY
   20  DOLLARS  OR  LESS.  A  violation  of this subdivision shall be a class A
   21  misdemeanor.
   22    S 3. This act shall take effect on the ninetieth day  after  it  shall
   23  have become a law.