S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3349
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Economic Development
       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    S 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
   25  shall retain this copy AND THE SIGNED STATEMENT in a  separate  book  or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01279-01-5
       A. 3349                             2
    1  register  for  two years from the date of purchase of the junk metal and
    2  include an additional copy of this identification with  the  information
    3  required to be transmitted to the chief of police or sheriff pursuant to
    4  this  section.  IT SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO FURNISH
    5  SUCH INFORMATION OR TO FURNISH INCORRECT OR INCOMPLETE INFORMATION.
    6    2. FOR THE PURPOSES OF THIS SECTION,  "GOVERNMENT  ISSUED  IDENTIFICA-
    7  TION" MEANS ANY CURRENT AND VALID OFFICIAL FORM OF IDENTIFICATION ISSUED
    8  BY  THE  GOVERNMENT OF THE UNITED STATES OF AMERICA, A STATE, TERRITORY,
    9  PROTECTORATE, OR DEPENDENCY OF THE UNITED STATES OF AMERICA,  A  COUNTY,
   10  MUNICIPALITY  OR  SUBDIVISION  THEREOF,  ANY PUBLIC AGENCY OR DEPARTMENT
   11  THEREOF, OR ANY PUBLIC EMPLOYER, WHICH REQUIRES AND BEARS THE  SIGNATURE
   12  OF  THE  PERSON  TO  WHOM  IT IS ISSUED, NOT INCLUDING A SOCIAL SECURITY
   13  ACCOUNT NUMBER CARD.
   14    S 2. Section 63 of the general business law  is  amended  to  read  as
   15  follows:
   16    S 63. Certain property to be kept in separate piles. Every junk dealer
   17  shall  on purchasing any of the property described in [the last] section
   18  SIXTY-TWO OF THIS ARTICLE, place and keep each separate  purchase  in  a
   19  separate  and  distinct  pile,  bundle or package, in the usual place of
   20  business of such junk dealer,  without  removing,  melting,  cutting  or
   21  destroying  any  article  thereof, for a period of five days immediately
   22  succeeding such purchase, on which package,  bundle  or  pile  shall  be
   23  placed  and  kept by such dealer a tag bearing the name and residence of
   24  the seller, with the date, hour and place of purchase,  and  the  weight
   25  thereof.
   26    S  3. The general business law is amended by adding a new section 63-b
   27  to read as follows:
   28    S 63-B. PROHIBITION ON SALE OF CERTAIN ITEMS. IT SHALL BE UNLAWFUL  TO
   29  SELL OR OFFER FOR SALE TO A JUNK DEALER OR FOR A JUNK DEALER TO PURCHASE
   30  ANY  OF  THE FOLLOWING: STREET SIGNS, FUNERAL MARKERS, OR ANY OTHER JUNK
   31  METAL ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL ENTITY, UTILITY  COMPA-
   32  NY,  CEMETERY  OR  RAILROAD.  THIS  SECTION SHALL NOT APPLY TO THE SALE,
   33  OFFER FOR SALE OR PURCHASE AS  JUNK,  OF  ITEMS  BY  A  DULY  AUTHORIZED
   34  EMPLOYEE  OR REPRESENTATIVE OF ANY GOVERNMENTAL ENTITY, UTILITY COMPANY,
   35  CEMETERY OR RAILROAD ACTING IN THEIR  OFFICIAL  CAPACITY.  THIS  SECTION
   36  SHALL  NOT  APPLY  TO THE SALE, OFFER FOR SALE TO A JUNK DEALER OR FOR A
   37  JUNK DEALER TO PURCHASE FUNERAL MARKERS BY OR  FROM  A  DULY  AUTHORIZED
   38  EMPLOYEE OR REPRESENTATIVE OF A MANUFACTURER OF FUNERAL MARKERS.
   39    S  4.  Section  64  of  the general business law is amended to read as
   40  follows:
   41    S 64. Penalty. 1. Each violation of this article, either by  the  junk
   42  dealer,  the  agent or servant thereof, and each false statement made in
   43  or on any statement or tag above mentioned shall be  a  misdemeanor  and
   44  the  person  convicted  shall[, in] BE SUBJECT TO A TERM OF IMPRISONMENT
   45  NOT TO EXCEED ONE YEAR OR BE ORDERED TO PAY A  FINE  NOT  EXCEEDING  ONE
   46  THOUSAND  DOLLARS  OR  BOTH  SUCH  FINE AND IMPRISONMENT. IN addition to
   47  other penalties imposed, SUCH JUNK  DEALER,  AGENT  OR  SERVANT  THEREOF
   48  SHALL  forfeit  his  OR  HER  license to do business. But nothing herein
   49  contained shall apply to cities of the first class.
   50    2. IN ADDITION TO A PENALTY IMPOSED PURSUANT  TO  SUBDIVISION  ONE  OF
   51  THIS  SECTION, IN THE EVENT THAT A JUNK DEALER, AGENT OR SERVANT THEREOF
   52  HAS GAINED MONEY OR PROPERTY AS A RESULT OF A VIOLATION OF THIS ARTICLE,
   53  THE COURT UPON CONVICTION MAY SENTENCE THE DEFENDANT TO PAY  AN  AMOUNT,
   54  TO BE FIXED BY THE COURT, NOT EXCEEDING DOUBLE THE AMOUNT OF THE DEFEND-
   55  ANT'S GAIN FROM THE COMMISSION OF THE OFFENSE.
       A. 3349                             3
    1    S 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    S  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    S 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    S  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    S 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    S  8.  This  act shall take effect on the ninetieth day after it shall
   55  have become a law.