STATE OF NEW YORK
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5886--A
2015-2016 Regular Sessions
IN SENATE
June 10, 2015
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Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11390-03-5
S. 5886--A 2
1 nated by the commissioner of motor vehicles is provided pursuant to
2 subdivision fourteen of section four hundred fifteen-a of the vehicle
3 and traffic law, the scrap processor shall retain such form for five
4 years from the date of purchase and forward a copy of such form to the
5 commissioner of motor vehicles.
6 § 2. Subdivision 14 of section 415-a of the vehicle and traffic law,
7 as added by chapter 691 of the laws of 1979, is amended to read as
8 follows:
9 14. Restrictions on scrap processors. A certified scrap processor
10 shall not purchase any material which may have been a vehicle or a major
11 component part of a vehicle, if recognizable as such, from any person
12 other than a dealer registered pursuant to section four hundred fifteen
13 of this chapter, an insurance company, a governmental agency, a person
14 in whose name a certificate of title [or other ownership document] has
15 been issued for such vehicle or a person registered or certified or
16 issued an identification number pursuant to this section; provided,
17 however, that a scrap processor may accept as a substitute for a certif-
18 icate of title a statement of a vehicle owner, on a form designated by
19 the commissioner, regarding transfer of a vehicle at least twelve model
20 years old with a fair market value as a vehicle of twelve hundred fifty
21 dollars or less. A violation of this subdivision shall be a class A
22 misdemeanor.
23 § 3. This act shall take effect on the ninetieth day after it shall
24 have become a law.