NY State Senate Bill 2015-S5886A

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Jun 19, 2015	print number 5886a
Jun 19, 2015	amend and recommit to rules
Jun 10, 2015	referred to rules

Bill Amendments

Original

A (Active)

2015-S5886 - Details

See Assembly Version of this Bill:: A8186
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §69-g, Gen Bus L; amd §415-a, V & T L

2015-S5886 - Summary

Relates to the transfer of motor vehicles as scrap.

2015-S5886 - Sponsor Memo

                                BILL NUMBER:S5886

TITLE OF BILL:  An act to amend the general business law and the
vehicle and traffic law, in relation to the transfer of motor vehicles
as scrap

SUMMARY OF PROVISIONS:

Section 1 of the bill amends General Business Law Section 69-g(1) to
increase from three to five years the time period that scrap
processors must retain documents related to the transfer of scrap
vehicles, and to require that scrap processors accept only government
issued photo identification from sellers of such vehicles.

Section 2 amends Vehicle and Traffic Law Section 415-a (9) (b) to
require scrap processors to comply with federal law mandating entry of
transaction information into the National Motor Vehicle Title
Information System.

Section 3 amends Vehicle and Traffic Law Section 415-a (14) eliminates
the ability to sell a vehicle to a scrap processor without the title
to the vehicle, except where the seller proffers a substitute form
designated by the Commissioner of Motor Vehicles, exclusively for
vehicles at least 12 model years old with a fair market value of
$1,250 or less as a vehicle.

REASONS FOR SUPPORT:

This legislation addresses the persistent problem of auto crime.
Although the incidence of auto theft has greatly decreased over the
last two decades, as have other major felony crimes, we find that
criminals are continuing to exploit weaknesses in the Vehicle and
Traffic Law in order to take advantage of the high scrap metal prices
they can obtain for older vehicles. They routinely utilize a
particular form issued by the Department of Motor Vehicles, the
"MV-35," as a substitute ownership document, in order to transfer
stolen vehicles to scrap processors.

The MV-35 is currently available to anyone who wishes to transfer a
vehicle at least eight model years old and worth $1,250 or less to a
scrap processor, by simply representing that he or she is the owner of
a vehicle whose title has been lost. The ability of auto thieves to
exploit this simple substitute for a vehicle title facilitates the
easy conversion of stolen vehicles to cash.

We seek amendment of the law in several ways, in order to address this
problem. First, the bill would establish a threshold for use of the
MV-35 as a substitute ownership document, only for vehicles at least
12 model years old worth $1,250 or less, making explicit that the
value is the fair market value of the vehicle itself, not its scrap
value. Any other vehicle could only be transferred to the scrap
processor with a title. This proposal acknowledges the continuing
usefulness of the form for legitimate transactions, but decreases the
number of vehicles on the road susceptible to theft for their scrap
value.


Second, the bill would amend the General Business Law to require scrap
processors to accept only government issued photo identification from
the seller, and to require the businesses to retain documents,
including the MV-35, for 5 years, thereby better ensuring the
legitimacy of the transaction and the ability to investigate
suspicious activity. The business would also be required to send a
copy of the document to the Department of Motor Vehicles, to ensure
that the evidence associated with the transaction continues to exist
in the event a criminal investigation is initiated.

Finally, the bill would specifically require scrap processors to
comply with the federal law mandating entry of Vehicle Identification
Numbers and other information into the National Motor Vehicle Title
Information System, so that a failure to do so is not only a federal
violation but also a State misdemeanor, strengthening the ability of
local law enforcement to monitor and ensure compliance.

By making these changes to the General Business Law and Vehicle and
Traffic Law, the bill would narrow the potential population of stolen
vehicles and make it much harder for thieves to sell them for their
scrap value.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

2015-S5886 - Bill Text download pdf

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

                                  5886

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

S. 5886                             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.

2015-S5886A (ACTIVE) - Details

See Assembly Version of this Bill:: A8186
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §69-g, Gen Bus L; amd §415-a, V & T L

2015-S5886A (ACTIVE) - Summary

Relates to the transfer of motor vehicles as scrap.

2015-S5886A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5886A

TITLE OF BILL:  An act to amend the general business law and the
vehicle and traffic law, in relation to the transfer of motor vehicles
as scrap

SUMMARY OF PROVISIONS:

Section 1 of the bill amends General Business Law Section 69-g(1) to
increase from three to five years the time period that scrap
processors must retain documents related to the transfer of scrap
vehicles, and to require that scrap processors accept only government
issued photo identification from sellers of such vehicles.

Section 2 amends Vehicle and Traffic Law Section 415-a (9) (b) to
require scrap processors to comply with federal law mandating entry of
transaction information into the National Motor Vehicle Title
Information System.

Section 3 amends Vehicle and Traffic Law Section 415-a (14) eliminates
the ability to sell a vehicle to a scrap processor without the title
to the vehicle, except where the seller proffers a substitute form
designated by the Commissioner of Motor Vehicles, exclusively for
vehicles at least 12 model years old with a fair market value of
$1,250 or less as a vehicle.

REASONS FOR SUPPORT:  This legislation addresses the persistent
problem of auto crime.  Although the incidence of auto theft has
greatly decreased over the last two decades, as have other major
felony crimes, we find that criminals are continuing to exploit
weaknesses in the Vehicle and Traffic Law in order to take advantage
of the high scrap metal prices they can obtain for older vehicles.
They routinely utilize a particular form issued by the Department of
Motor Vehicles, the "MV-35," as a substitute ownership document, in
order to transfer stolen vehicles to scrap processors.

The MV-35 is currently available to anyone who wishes to transfer a
vehicle at least eight model years old and worth $1,250 or less to a
scrap processor, by simply representing that he or she is the owner of
a vehicle whose title has been lost. The ability of auto thieves to
exploit this simple substitute for a vehicle title facilitates the
easy conversion of stolen vehicles to cash.

We seek amendment of the law in several ways, in order to address this
problem. First, the bill would establish a threshold for use of the
MV-35 as a substitute ownership document, only for vehicles at least
12 model years old worth $1,250 or less, making explicit that the
value is the fair market value of the vehicle itself, not its scrap
value.  Any other vehicle could only be transferred to the scrap
processor with a title. This proposal acknowledges the continuing
usefulness of the form for legitimate transactions, but decreases the
number of vehicles on the road susceptible to theft for their scrap
value.

Second, the bill would amend the General Business Law to require scrap
processors to accept only government issued photo identification from
the seller, and to require the businesses to retain documents,


including the MV-35, for 5 years, thereby better ensuring the
legitimacy of the transaction and the ability to investigate
suspicious activity. The business would also be required to send a
copy of the document to the Department of Motor. Vehicles, to ensure
that the evidence associated with the transaction continues to exist
in the event a criminal investigation is initiated.

Finally, the bill would specifically require scrap processors to
comply with the federal law mandating entry of Vehicle Identification
Numbers and other information into the National Motor Vehicle Title
Information System, so that a failure to do so is not only a federal
violation but also a State misdemeanor, strengthening the ability of
local law enforcement to monitor and ensure compliance.

By making these changes to the General Business Law and Vehicle and
Traffic Law, the bill would narrow the potential population of stolen
vehicles and make it much harder for thieves to sell them for their
scrap value.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

2015-S5886A (ACTIVE) - Bill Text download pdf

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

                                 5886--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

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:

  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11390-03-5

S. 5886--A                          2

NATED  BY  THE  COMMISSIONER  OF  MOTOR VEHICLES IS PROVIDED PURSUANT TO
SUBDIVISION FOURTEEN OF SECTION FOUR HUNDRED FIFTEEN-A  OF  THE  VEHICLE
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.  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  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S5886A

Sponsored By

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

Actions

Bill Amendments

2015-S5886 - Details

2015-S5886 - Summary

2015-S5886 - Sponsor Memo

2015-S5886 - Bill Text download pdf

2015-S5886A (ACTIVE) - Details

2015-S5886A (ACTIVE) - Summary

2015-S5886A (ACTIVE) - Sponsor Memo

2015-S5886A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5886A

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Sponsored By

Andrew J. Lanza

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

Actions

Bill Amendments

2015-S5886 - Details

2015-S5886 - Summary

2015-S5886 - Sponsor Memo

2015-S5886 - Bill Text download pdf

2015-S5886A (ACTIVE) - Details

2015-S5886A (ACTIVE) - Summary

2015-S5886A (ACTIVE) - Sponsor Memo

2015-S5886A (ACTIVE) - Bill Text download pdf

Comments