STATE OF NEW YORK
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7125
2015-2016 Regular Sessions
IN ASSEMBLY
April 24, 2015
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Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law and the tax law, in relation to
the sale of junk metal
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. On
4 purchasing any pig or pigs of metal, bronze or brass castings or parts
5 thereof, sprues or gates or parts thereof, copper wire or brass car
6 journals, or metal beer kegs, such junk dealer shall cause to be
7 subscribed by the person from whom purchased a [statement as to] written
8 manifest detailing a description of the goods, when[,] and where [and
9 from whom] he or she obtained such property, [also] the name of the
10 person who salvaged the property and the name of the person who author-
11 ized the salvage, his or her identity as verified by a government issued
12 identification card, age, residence by city, village or town, and the
13 street and number thereof, if any, the driver's license number or infor-
14 mation from a government issued identification card, if any, of such
15 person, and otherwise such description as will reasonably locate the
16 same, his or her occupation and name of his or her employer and place of
17 employment or business, which statement the junk dealer shall forthwith
18 file in the office of the chief of police of the city or village in
19 which the purchase was made, if made in a city or incorporated village,
20 and otherwise in the office of the sheriff of the county in which made.
21 The junk metal dealer shall also make and retain a copy of the govern-
22 ment issued photographic identification card used to verify the identity
23 of the person from whom the junk metal was purchased and shall retain
24 this copy in a separate book or register for two years from the date of
25 purchase of the junk metal and include an additional copy of this iden-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10266-01-5
A. 7125 2
1 tification with the information required to be transmitted to the chief
2 of police or sheriff pursuant to this section.
3 § 2. The general business law is amended by adding a new section 63-b
4 to read as follows:
5 § 63-b. Cash sales prohibited. A junk dealer shall not enter into any
6 cash transaction for the purchase of any junk metal as defined in subdi-
7 vision one of section sixty of this article. Payment by a junk dealer
8 for the purchase of junk metal shall be made by check issued to the
9 seller and payable to the seller. Each check for payment shall be mailed
10 by the junk dealer no sooner than one day after the purchase transaction
11 directly to the street address of the seller. Payment shall not be
12 mailed to a post office box.
13 § 3. Section 1105 of the tax law is amended by adding a new subdivi-
14 sion (g) to read as follows:
15 (g) The receipts from every sale of junk metal as defined by subdivi-
16 sion one of section sixty of the general business law.
17 § 4. This act shall take effect on the ninetieth day after it shall
18 have become a law.
