S T A T E   O F   N E W   Y O R K
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                                  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:

  Section  1. Subdivision 1 of section 69-g of the general business law,
as amended by chapter 302 of the laws of 2007, is  amended  to  read  as
follows:
  1.  Such  scrap processor shall record (i) each purchase of any pig or
pigs of metal, bronze or brass castings  or  parts  thereof,  sprues  or
gates  or parts thereof, utility wire or brass car journals, or of metal
beer kegs, and (ii) each purchase of iron, steel and/or nonferrous scrap
for a price of fifty dollars or more, and preserve  such  record  for  a
period  of  [three]  FIVE  years[;], which record shall show the date of
purchase[,]; name of seller[,]; his residence address by street, number,
city, village or town[,]; the driver's  license  number  or  information
from  a government issued photographic identification card[, if any,] of
such person[, or by such description as will reasonably locate the sell-
er,]; AND the type and quantity of such purchase[; and the].  THE  scrap
processor  shall  cause  such  record  to be signed by the seller or his
agent. It shall be unlawful for any seller to  refuse  to  furnish  such
information  or  to  furnish  incorrect  or incomplete information. Such
scrap processor shall also make and retain  a  copy  of  the  government
issued  photographic  identification card used to verify the identity of
the person from whom the scrap metal was purchased and shall retain this
copy in a separate book, register or electronic archive for  [two]  FIVE
years  from  the date of purchase. WHERE THE SCRAP PROCESSOR PURCHASES A
VEHICLE FOR WHICH A STATEMENT FROM THE VEHICLE OWNER ON  A  FORM  DESIG-
NATED  BY  THE  COMMISSIONER  OF  MOTOR VEHICLES IS PROVIDED PURSUANT TO
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

AND  TRAFFIC  LAW,  THE  SCRAP PROCESSOR SHALL RETAIN SUCH FORM FOR FIVE
YEARS FROM THE DATE OF PURCHASE AND FORWARD A COPY OF SUCH FORM  TO  THE
COMMISSIONER OF MOTOR VEHICLES.
  S  2. Paragraph b of subdivision 9 of section 415-a of the vehicle and
traffic law, as amended by chapter 822 of the laws of 1982,  is  amended
to read as follows:
  (b) A scrap processor shall maintain a record of vehicles and a record
of major component parts by weight coming into his possession thereof in
a  manner prescribed by the commissioner. This paragraph shall not apply
to any major component part included in a mixed load. Upon request of an
agent of the commissioner or any police officer or  during  his  regular
and  usual  business hours, a scrap processor shall produce such records
and permit such agent or police officer to inspect them and  to  inspect
any  vehicles  or  major  component parts of vehicles at the time of the
delivery of such vehicles or parts  to  him.  A  SCRAP  PROCESSOR  SHALL
COMPLY  WITH  THE  PROVISIONS OF CHAPTER THREE HUNDRED FIVE OF PART A OF
SUBTITLE VI OF TITLE FORTY-NINE OF THE UNITED STATES CODE  AS  MAY  FROM
TIME  TO  TIME  BE  AMENDED.  The  failure to produce such records or to
permit such inspection OR TO COMPLY WITH THE REQUIREMENTS OF THE  AFORE-
MENTIONED PROVISIONS OF THE UNITED STATES CODE as required by this para-
graph shall be a class A misdemeanor.
  S  3.  Subdivision 14 of section 415-a of the vehicle and traffic law,
as added by chapter 691 of the laws of  1979,  is  amended  to  read  as
follows:
  14.  Restrictions  on  scrap  processors.  A certified scrap processor
shall not purchase any material which may have been a vehicle or a major
component part of a vehicle, if recognizable as such,  from  any  person
other  than a dealer registered pursuant to section four hundred fifteen
of this chapter, an insurance company, a governmental agency,  a  person
in  whose  name a certificate of title [or other ownership document] has
been issued for such vehicle or a  person  registered  or  certified  or
issued  an  identification  number  pursuant  to this section; PROVIDED,
HOWEVER, THAT A SCRAP PROCESSOR MAY ACCEPT AS A SUBSTITUTE FOR A CERTIF-
ICATE OF TITLE A STATEMENT OF A VEHICLE OWNER, ON A FORM  DESIGNATED  BY
THE  COMMISSIONER, REGARDING TRANSFER OF A VEHICLE AT LEAST TWELVE MODEL
YEARS OLD WITH A FAIR MARKET VALUE AS A VEHICLE OF TWELVE HUNDRED  FIFTY
DOLLARS  OR  LESS.  A  violation  of this subdivision shall be a class A
misdemeanor.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.