NY State Senate Bill 2009-S1383

Senate Bill S1383

2009-2010 Legislative Session

Relates to the purchase, sale or installation of salvaged high-intensity discharge headlamps

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jan 29, 2009	referred to consumer protection

co-Sponsors

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2009-S1383 (ACTIVE) - Details

See Assembly Version of this Bill:: A4264
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §398-e, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1532, A6910
2013-2014: S471

2009-S1383 (ACTIVE) - Summary

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.

2009-S1383 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1383

 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 law 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
axe 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.

2009-S1383 (ACTIVE) - Bill Text download pdf

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

                                  1383

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 29, 2009
                               ___________

Introduced  by Sens. STAVISKY, ADAMS, DIAZ, DUANE, C. JOHNSON, PARKER --
  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 CLASS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04888-01-9

S. 1383                             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.

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Senate Bill S1383

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

Eric Adams

Ruben Diaz

Thomas K. Duane

Shirley L. Huntley

2009-S1383 (ACTIVE) - Details

2009-S1383 (ACTIVE) - Summary

2009-S1383 (ACTIVE) - Sponsor Memo

2009-S1383 (ACTIVE) - Bill Text download pdf

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