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A05883 Summary:

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A05883 Floor Votes:

A05883 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5883--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2011
                                       ___________
 
        Introduced by M. of A. PEOPLES-STOKES, HOYT -- read once and referred to
          the  Committee on Economic Development -- reported and referred to the
          Committee on Codes --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as

          amended and recommitted to said committee
 
        AN ACT to amend the general business law, in relation to the lawful sale
          of scrap copper and other metals by junk dealers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 62 of the general business law, as amended by chap-
     2  ter 302 of the laws of 2007, is amended to read as follows:
     3    § 62. Statement required from persons selling certain property.  1. On
     4  purchasing any pig or pigs of metal, bronze or brass castings  or  parts
     5  thereof,  sprues  or  gates  or  parts thereof, copper tubing or wire or
     6  brass car journals, or metal beer kegs, such junk  dealer  shall:    (a)
     7  take  a  copy  of the seller's government issued identification; and (b)

     8  cause to be subscribed by the person from whom purchased a statement  as
     9  to:    (i)  when, where and from whom he or she obtained such property[,
    10  also his or her identity as verified by a government issued  identifica-
    11  tion card,] or other proof of authorization to sell such items; (ii) the
    12  person's  age,  residence  by  city, village or town, and the street and
    13  number thereof, if any, the driver's license number or information  from
    14  a  government  issued  identification  card, if any, of such person, and
    15  otherwise such description as will reasonably locate the same[,  his  or
    16  her];  (iii) the person's occupation and name of his or her employer and
    17  place of employment or business, which statement the junk  dealer  shall

    18  forthwith  file  in  the  office  of  the chief of police of the city or
    19  village in which the purchase was made, if made in a  city  or  incorpo-
    20  rated  village, and otherwise in the office of the sheriff of the county
    21  in which made.  The junk dealer shall cause such statement to be  signed
    22  by  the  seller. The junk metal dealer shall also make and retain a copy
    23  of the government issued photographic identification card used to verify
    24  the identity of the person from whom the junk metal  was  purchased  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07009-06-1
        A. 5883--B                          2
 

     1  shall  retain  this  copy and the signed statement in a separate book or
     2  register for two years from the date of purchase of the junk  metal  and
     3  include  an  additional copy of this identification with the information
     4  required to be transmitted to the chief of police or sheriff pursuant to
     5  this  section.  It shall be unlawful for any seller to refuse to furnish
     6  such information or to furnish incorrect or incomplete information.
     7    2. For the purposes of this section,  "government  issued  identifica-
     8  tion" means any current and valid official form of identification issued
     9  by  the  government of the United States of America, a state, territory,
    10  protectorate, or dependency of the United States of America,  a  county,
    11  municipality  or  subdivision  thereof,  any public agency or department

    12  thereof, or any public employer, which requires and bears the  signature
    13  of  the  person  to  whom  it is issued, not including a social security
    14  account number card.
    15    § 2. Section 63 of the general business law  is  amended  to  read  as
    16  follows:
    17    § 63. Certain property to be kept in separate piles. Every junk dealer
    18  shall  on purchasing any of the property described in [the last] section
    19  sixty-two of this article, place and keep each separate  purchase  in  a
    20  separate  and  distinct  pile,  bundle or package, in the usual place of
    21  business of such junk dealer,  without  removing,  melting,  cutting  or
    22  destroying  any  article  thereof, for a period of five days immediately
    23  succeeding such purchase, on which package,  bundle  or  pile  shall  be

    24  placed  and  kept by such dealer a tag bearing the name and residence of
    25  the seller, with the date, hour and place of purchase,  and  the  weight
    26  thereof.
    27    §  3. The general business law is amended by adding a new section 63-b
    28  to read as follows:
    29    § 63-b. Prohibition on sale of certain items. It shall be unlawful  to
    30  sell or offer for sale to a junk dealer or for a junk dealer to purchase
    31  any  of  the following: street signs, funeral markers, or any other junk
    32  metal items bearing markings of any governmental entity, utility  compa-
    33  ny,  cemetery  or  railroad.  This  section shall not apply to the sale,
    34  offer for sale or purchase as  junk,  of  items  by  a  duly  authorized
    35  employee  or representative of any governmental entity, utility company,

    36  cemetery or railroad acting in their  official  capacity.  This  section
    37  shall  not  apply  to the sale, offer for sale to a junk dealer or for a
    38  junk dealer to purchase funeral markers by or  from  a  duly  authorized
    39  employee or representative of a manufacturer of funeral markers.
    40    §  4.  Section  64  of  the general business law is amended to read as
    41  follows:
    42    § 64. Penalty. 1. Each violation of this article, either by  the  junk
    43  dealer,  the  agent or servant thereof, and each false statement made in
    44  or on any statement or tag above mentioned shall be  a  misdemeanor  and
    45  the  person  convicted  shall[, in] be subject to a term of imprisonment
    46  not to exceed one year or be ordered to pay a  fine  not  exceeding  one

    47  thousand  dollars  or  both  such  fine and imprisonment. In addition to
    48  other penalties imposed, such junk  dealer,  agent  or  servant  thereof
    49  shall  forfeit  his  or  her  license to do business. But nothing herein
    50  contained shall apply to cities of the first class.
    51    2. In addition to a penalty imposed pursuant  to  subdivision  one  of
    52  this  section, in the event that a junk dealer, agent or servant thereof
    53  has gained money or property as a result of a violation of this article,
    54  the court upon conviction may sentence the defendant to pay  an  amount,
    55  to be fixed by the court, not exceeding double the amount of the defend-
    56  ant's gain from the commission of the offense.
        A. 5883--B                          3
 

     1    § 5. Section 69-e of the general business law, as added by chapter 431
     2  of the laws of 1976, is amended to read as follows:
     3    §  69-e.  Definitions. 1. "Scrap metal processing facility" shall mean
     4  an establishment engaged primarily in the purchase, processing and ship-
     5  ment of ferrous and/or non-ferrous scrap, the end product  of  which  is
     6  the  production  of raw material for remelting purposes for steel mills,
     7  [foundaries] foundries, smelters, refiners, and similar users.
     8    2. "Scrap processor" shall mean any person,  association,  partnership
     9  or  corporation  operating  and  maintaining  a  "scrap metal processing
    10  facility".
    11    3. "Government issued identification"  means  any  current  and  valid
    12  official  form  of identification issued by the government of the United

    13  States of America, a state, territory, protectorate,  or  dependency  of
    14  the  United  States  of  America,  a county, municipality or subdivision
    15  thereof, any public agency or department thereof, or any public  employ-
    16  er,  which requires and bears the signature and photograph of the person
    17  to whom it is issued.
    18    § 6. Subdivision 1 of section 69-g of the  general  business  law,  as
    19  amended  by  chapter  302  of  the  laws  of 2007, is amended to read as
    20  follows:
    21    1. Such scrap processor shall record [(i) each purchase of any pig  or
    22  pigs  of  metal,  bronze  or  brass castings or parts thereof, sprues or
    23  gates or parts thereof, utility wire or brass car journals, or of  metal

    24  beer  kegs,  and  (ii)]  each  purchase  of [iron, steel] ferrous and/or
    25  nonferrous scrap [for a price of fifty dollars or  more,]  and  preserve
    26  such  record  for  a  period of three years; which record shall show the
    27  date of purchase, name of seller, [his] the seller's residence or  busi-
    28  ness  address  [by  street,  number, city, village or town, the driver's
    29  license number or information  from  a  government  issued  photographic
    30  identification  card,  if any, of such person, or by such description as
    31  will reasonably locate the seller,] and the type and  quantity  of  such
    32  purchase[;  and the].  The scrap processor shall cause such record to be

    33  signed by the seller or his agent. It shall be unlawful for  any  seller
    34  to  refuse to furnish such information or to furnish incorrect or incom-
    35  plete information. Such scrap processor shall also  make  and  retain  a
    36  copy  of  the government issued photographic identification card used to
    37  verify the identity of [the] any natural  person  from  whom  the  scrap
    38  metal  was  purchased  and  shall  retain  this copy in a separate book,
    39  register or electronic archive for [two] three years from  the  date  of
    40  purchase.
    41    §  7.  Section  69-h of the general business law is renumbered section
    42  69-i and a new section 69-h is added to read as follows:
    43    § 69-h. Prohibition on sale  of  certain  items.  Notwithstanding  any
    44  provision of law, rule or regulation to the contrary, it shall be unlaw-

    45  ful to sell, offer for sale, or purchase as scrap, any of the following:
    46  street  signs,  funeral  markers,  or any other junk metal items bearing
    47  markings of any governmental entity, utility company, cemetery or  rail-
    48  road unless such items are offered for sale by a duly authorized employ-
    49  ee  or  agent  of  any governmental entity, utility company, cemetery or
    50  railroad. This section shall not apply to the sale, offer  for  sale  to
    51  scrap  processor or for a scrap processor to purchase funeral markers by
    52  or from a duly authorized employee or representative of  a  manufacturer
    53  of funeral markers.
    54    §  8.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law.