S T A T E O F N E W Y O R K
________________________________________________________________________
6910
2011-2012 Regular Sessions
I N A S S E M B L Y
April 5, 2011
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Introduced by M. of A. MENG -- read once and referred to the Committee
on Economic Development
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
E FELONY. THE OWNER OR PROPRIETOR OF ANY BUSINESS THAT FAILS TO MAINTAIN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05516-01-1
A. 6910 2
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.