senate Bill S471

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S471 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง398-e, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1532
2009-2010: S1383

S471 - Bill Texts

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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.

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BILL NUMBER:S471

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.

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

                                   471

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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 CLASS

 EXPLANATION--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.

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