Relates to the purchase, sale, or installation of salvaged high-intensity discharge headlamps; requires records to be kept regarding used HID lights including what vehicle they are taken from and the identification of the owner of such vehicle; and provides for penalties.
TITLE OF BILL: An act to amend the general business law, in relation to the purchase, sale, or installation of salvaged high-intensity discharge headlamps
PURPOSE: To prevent the illegal purchase, sale or installation of stolen high density discharge headlamps.
SUMMARY OF PROVISIONS: A new section 398-e is added to the general business law which makes it a class E felony to knowingly possess, sell, or install a stolen uninstalled high-intensity discharge (HID) headlamp.
Persons engaged in the business of purchasing, selling, or installing salvaged HID headlamps shall maintain a manual or electronic record of the purchase, sale, or installation which will include the identification number of the salvaged headlamp; the vehicle identification number of the vehicle from which it was removed; the name, address, and driver's license number or other identification of the person from whom the salvaged HID headlamp was purchased; and, in the event that the salvaged HID headlamp is installed, the VIN of the vehicle into which the HID headlamp is installed.
The record must be retained for 36 months following the transaction and may be inspected during normal business hours by any NYS law enforcement officer.
Any person who sells or installs a salvaged HID headlamp must disclose to the purchaser or consumer that it is salvaged. The owner or proprietor of any business that fails to maintain complete and accurate records as required by subdivision two of this section will be guilty of a misdemeanor for such failure.
JUSTIFICATION: Headlamp theft is becoming as big an epidemic as air bag theft once was. The high intensity discharge headlamps being used in luxury cars are coveted by teenagers who buy them along with converter kits from unscrupulous auto parts dealers. The headlamps can be removed from most cars in under a minute but not without extensive damage to the vehicle. It can cost as much as $5,000 to repair such a vandalized car.
In 1996 New York enacted the Airbag Safety and Anti-Theft Act to stop air bag theft by providing that an airbag activated in a crash or one that was stolen could only be replaced by a newly manufactured air bag or a salvaged one that was certified by a nationally recognized engineering and research body. Now, cars are no longer vandalized for air bags.
This legislation will curtail HID headlamp theft, saving insurance companies money and the car owner aggravation, wasted time and higher insurance premiums.
LEGISLATIVE HISTORY: This legislation has been previously introduced.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: The first of November after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 471 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the purchase, sale, or installation of salvaged high-intensity discharge headlamps THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 398-e to read as follows: S 398-E. PURCHASE, SALE, OR INSTALLATION OF SALVAGED HIGH-INTENSITY DISCHARGE HEADLAMPS. 1. FOR THE PURPOSES OF THIS SECTION, A "HIGH-INTEN- SITY DISCHARGE/HID HEADLAMP" MEANS A HEADLAMP WHICH EMITS TWICE THE LIGHT OF A CONVENTIONAL HALOGEN HEADLAMP AND PRODUCES A BLUE-WHITE LIGHT. 2. ANY PERSON ENGAGED IN THE BUSINESS OF PURCHASING, SELLING, OR INSTALLING SALVAGED HIGH-INTENSITY DISCHARGE HEADLAMPS SHALL MAINTAIN A MANUAL OR ELECTRONIC RECORD OF THE PURCHASE, SALE, OR INSTALLATION, WHICH MUST INCLUDE THE IDENTIFICATION NUMBER OF THE SALVAGED HID HEAD- LAMP; THE VEHICLE IDENTIFICATION NUMBER OF THE VEHICLE FROM WHICH THE SALVAGED HID HEADLAMP WAS REMOVED; THE NAME, ADDRESS, AND DRIVER'S LICENSE NUMBER OR OTHER MEANS OF IDENTIFICATION OF THE PERSON FROM WHOM THE SALVAGED HID HEADLAMP WAS PURCHASED; AND, IN THE EVENT THAT THE SALVAGED HID HEADLAMP IS INSTALLED, THE VEHICLE IDENTIFICATION NUMBER OF THE VEHICLE INTO WHICH THE HID HEADLAMP IS INSTALLED. SUCH RECORD MUST BE MAINTAINED FOR THIRTY-SIX MONTHS FOLLOWING THE TRANSACTION AND MAY BE INSPECTED DURING NORMAL BUSINESS HOURS BY ANY LAW ENFORCEMENT OFFICER OF THIS STATE. ANY PERSON WHO SELLS A SALVAGED HID HEADLAMP OR WHO INSTALLS A SALVAGED HID HEADLAMP MUST DISCLOSE TO THE PURCHASER OR CONSUMER THAT THE HID HEADLAMP IS SALVAGED. 3. ANY PERSON WHO KNOWINGLY POSSESSES, SELLS, OR INSTALLS A STOLEN UNINSTALLED HIGH-INTENSITY DISCHARGE HEADLAMP SHALL BE GUILTY OF A CLASSEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02957-01-3 S. 471 2
E FELONY. THE OWNER OR PROPRIETOR OF ANY BUSINESS THAT FAILS TO MAINTAIN COMPLETE AND ACCURATE RECORDS AS REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR FOR SUCH FAILURE. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.