senate Bill S1779B

Provides for the lawful sale of scrap copper and other metals by junk dealers

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Bill Status


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

  • 12 / Jan / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 10 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
  • 10 / Jun / 2011
    • PRINT NUMBER 1779A
  • 15 / Jun / 2011
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 15 / Jun / 2011
    • PRINT NUMBER 1779B
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION

Summary

Provides for the lawful sale of scrap copper and other metals by junk dealers; restricts sale of certain items; increases existing penalties.

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Bill Details

See Assembly Version of this Bill:
A5883B
Versions:
S1779
S1779A
S1779B
Legislative Cycle:
2011-2012
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§62, 63, 64, 69-e & 69-g, ren §69-h to be §69-i, add §§63-b & 69-h, Gen Bus L
Versions Introduced in 2009-2010 Legislative Cycle:
S6035, A10947

Sponsor Memo

BILL NUMBER:S1779B

TITLE OF BILL:
An act
to amend the general business law,
in relation to the lawful sale of
scrap copper and other metals by junk dealers

PURPOSE OF BILL:
This bill would: (1) impose stricter regulations on
salvage dealers and scrap metal processors who purchase scrap metals;
(2) amend the penalties for scrap metal dealers and scram metal
sellers who engage in illegal transactions in violation of these
provisions; and (3) increase the monetary damages levied against
defendants convicted of these offenses.

SUMMARY OF PROVISIONS:
Section 1 of the bill would amend General
Business Law (GBL) § 62 to require salvage dealers to obtain a copy
of a government-issued identification card from the seller of scrap
metals, and would require sellers to provide written verification of
their authority to sell such scrap metal.

Section 2 of the bill would make a conforming change to GBL § 63 to
ensure that dealers segregate purchased scrap metal for the
statutorily required 5-day period.

Section 3 of the bill would add a new GBL § 63-b to restrict the sale
of certain items, including street signs, propane containers for
fueling forklifts, funeral markers or any metal items bearing
markings of a governmental entity, utility company, cemetery or
railroad.

Section 4 of the bill would amend GBL § 64 Penalties. 1. Each
violation of this article, either by the junk dealer, the agent or
servant thereof, shall be a misdemeanor and the person convicted
shall in addition to other penalties imposed, forfeit his or her
license to do business.

In addition to a term of imprisonment, where any junk dealer, agent or
servant thereof has been convicted pursuant to section one of this
subsection provided further that the junk dealer, agent or servant
thereof has gained money or property through a violation of this
article the court, upon conviction thereof may sentence the defendant
to pay an amount. fixed by the court not exceeding double the amount
of the defendants gain from the commission of the offense.

LEGISLATIVE HISTORY:
In 2008, the Legislature passed similar
legislation (S.4023-D (Volker/B.6250-D (Peoples)), which the
Governor was constrained to veto (Veto number 157 of 2008).

STATEMENT IN SUPPORT:
In 2008, there was a spike in thefts of metals
from vacant buildings and construction sites (electrical wires and
plumbing pipes), cemeteries (grave markers) and other locations, by


thieves who would resell the stolen metals to salvage yards for
recycling. The Division of Criminal Justice services (DCJS) reported,
for example, that Rochester saw an approximately 15 percent increase
in burglaries from 2007 to 2008, and that nearly 16 percent of all
burglaries in Rochester area associated with copper theft. Law
enforcement officials in other counties reported that they have had
reports of copper theft on a daily basis.

This increase in thefts appears to be the result of record high metal
prices. For example, copper prices increased nationally by 160
percent between March 2005 and April 2006.

BUDGET IMPLICATIONS:
This bill would have no fiscal impact.

EFFECTIVE DATE:
This bill would take effect 90 days after it is signed
into law.

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

                                 1779--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  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:

  Section 1. Section 62 of the general business law, as amended by chap-
ter 302 of the laws of 2007, is amended to read as follows:
  S 62. Statement required from persons selling certain property.  1. On
purchasing any pig or pigs of metal, bronze or brass castings  or  parts
thereof,  sprues  or  gates  or  parts thereof, copper TUBING OR wire or
brass car journals, or metal beer kegs, such junk  dealer  shall:    (A)
TAKE  A  COPY  OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION; AND (B)
cause to be subscribed by the person from whom purchased a statement  as
to:    (I)  when, where and from whom he or she obtained such property[,
also his or her identity as verified by a government issued  identifica-
tion card,] OR OTHER PROOF OF AUTHORIZATION TO SELL SUCH ITEMS; (II) THE
PERSON'S  age,  residence  by  city, village or town, and the street and
number thereof, if any, the driver's license number or information  from
a  government  issued  identification  card, if any, of such person, and
otherwise such description as will reasonably locate the same[,  his  or
her];  (III) THE PERSON'S occupation and name of his or her employer and
place of employment or business, which statement the junk  dealer  shall
forthwith  file  in  the  office  of  the chief of police of the city or
village in which the purchase was made, if made in a  city  or  incorpo-
rated  village, and otherwise in the office of the sheriff of the county
in which made.  THE JUNK DEALER SHALL CAUSE SUCH STATEMENT TO BE  SIGNED
BY  THE  SELLER. The junk metal dealer 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 junk metal  was  purchased  and
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.
                                                           LBD07009-07-1

S. 1779--B                          2

register for two years from the date of purchase of the junk  metal  and
include  an  additional copy of this identification with the information
required to be transmitted to the chief of police or sheriff pursuant to
this  section.  IT SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO FURNISH
SUCH INFORMATION OR TO FURNISH INCORRECT OR INCOMPLETE INFORMATION.
  2. FOR THE PURPOSES OF THIS SECTION,  "GOVERNMENT  ISSUED  IDENTIFICA-
TION" MEANS ANY CURRENT AND VALID OFFICIAL FORM OF IDENTIFICATION ISSUED
BY  THE  GOVERNMENT OF THE UNITED STATES OF AMERICA, A STATE, TERRITORY,
PROTECTORATE, OR DEPENDENCY OF THE UNITED STATES OF AMERICA,  A  COUNTY,
MUNICIPALITY  OR  SUBDIVISION  THEREOF,  ANY PUBLIC AGENCY OR DEPARTMENT
THEREOF, OR ANY PUBLIC EMPLOYER, WHICH REQUIRES AND BEARS THE  SIGNATURE
OF  THE  PERSON  TO  WHOM  IT IS ISSUED, NOT INCLUDING A SOCIAL SECURITY
ACCOUNT NUMBER CARD.
  S 2. Section 63 of the general business law  is  amended  to  read  as
follows:
  S 63. Certain property to be kept in separate piles. Every junk dealer
shall  on purchasing any of the property described in [the last] section
SIXTY-TWO OF THIS ARTICLE, place and keep each separate  purchase  in  a
separate  and  distinct  pile,  bundle or package, in the usual place of
business of such junk dealer,  without  removing,  melting,  cutting  or
destroying  any  article  thereof, for a period of five days immediately
succeeding such purchase, on which package,  bundle  or  pile  shall  be
placed  and  kept by such dealer a tag bearing the name and residence of
the seller, with the date, hour and place of purchase,  and  the  weight
thereof.
  S  3. The general business law is amended by adding a new section 63-b
to read as follows:
  S 63-B. PROHIBITION ON SALE OF CERTAIN ITEMS. IT SHALL BE UNLAWFUL  TO
SELL OR OFFER FOR SALE TO A JUNK DEALER OR FOR A JUNK DEALER TO PURCHASE
ANY  OF  THE FOLLOWING: STREET SIGNS, FUNERAL MARKERS, OR ANY OTHER JUNK
METAL ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL ENTITY, UTILITY  COMPA-
NY,  CEMETERY  OR  RAILROAD.  THIS  SECTION SHALL NOT APPLY TO THE SALE,
OFFER FOR SALE OR PURCHASE AS  JUNK,  OF  ITEMS  BY  A  DULY  AUTHORIZED
EMPLOYEE  OR REPRESENTATIVE OF ANY GOVERNMENTAL ENTITY, UTILITY COMPANY,
CEMETERY OR RAILROAD ACTING IN THEIR  OFFICIAL  CAPACITY.  THIS  SECTION
SHALL  NOT  APPLY  TO THE SALE, OFFER FOR SALE TO A JUNK DEALER OR FOR A
JUNK DEALER TO PURCHASE FUNERAL MARKERS BY OR  FROM  A  DULY  AUTHORIZED
EMPLOYEE OR REPRESENTATIVE OF A MANUFACTURER OF FUNERAL MARKERS.
  S  4.  Section  64  of  the general business law is amended to read as
follows:
  S 64. Penalty. 1. Each violation of this article, either by  the  junk
dealer,  the  agent or servant thereof, and each false statement made in
or on any statement or tag above mentioned shall be  a  misdemeanor  and
the  person  convicted  shall[, in] BE SUBJECT TO A TERM OF IMPRISONMENT
NOT TO EXCEED ONE YEAR OR BE ORDERED TO PAY A  FINE  NOT  EXCEEDING  ONE
THOUSAND  DOLLARS  OR  BOTH  SUCH  FINE AND IMPRISONMENT. IN addition to
other penalties imposed, SUCH JUNK  DEALER,  AGENT  OR  SERVANT  THEREOF
SHALL  forfeit  his  OR  HER  license to do business. But nothing herein
contained shall apply to cities of the first class.
  2. IN ADDITION TO A PENALTY IMPOSED PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION, IN THE EVENT THAT A JUNK DEALER, AGENT OR SERVANT THEREOF
HAS GAINED MONEY OR PROPERTY AS A RESULT OF A VIOLATION OF THIS ARTICLE,
THE COURT UPON CONVICTION MAY SENTENCE THE DEFENDANT TO PAY  AN  AMOUNT,
TO BE FIXED BY THE COURT, NOT EXCEEDING DOUBLE THE AMOUNT OF THE DEFEND-
ANT'S GAIN FROM THE COMMISSION OF THE OFFENSE.

S. 1779--B                          3

  S 5. Section 69-e of the general business law, as added by chapter 431
of the laws of 1976, is amended to read as follows:
  S  69-e.  Definitions. 1. "Scrap metal processing facility" shall mean
an establishment engaged primarily in the purchase, processing and ship-
ment of ferrous and/or non-ferrous scrap, the end product  of  which  is
the  production  of raw material for remelting purposes for steel mills,
[foundaries] FOUNDRIES, smelters, refiners, and similar users.
  2. "Scrap processor" shall mean any person,  association,  partnership
or  corporation  operating  and  maintaining  a  "scrap metal processing
facility".
  3. "GOVERNMENT ISSUED IDENTIFICATION"  MEANS  ANY  CURRENT  AND  VALID
OFFICIAL  FORM  OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, A STATE, TERRITORY, PROTECTORATE,  OR  DEPENDENCY  OF
THE  UNITED  STATES  OF  AMERICA,  A COUNTY, MUNICIPALITY OR SUBDIVISION
THEREOF, ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC  EMPLOY-
ER,  WHICH REQUIRES AND BEARS THE SIGNATURE AND PHOTOGRAPH OF THE PERSON
TO WHOM IT IS ISSUED.
  S 6. 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] FERROUS and/or
nonferrous scrap [for a price of fifty dollars or  more,]  and  preserve
such  record  for  a  period of three years; which record shall show the
date of purchase, name of seller, [his] THE SELLER'S residence OR  BUSI-
NESS  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 seller,] 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 incom-
plete 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] ANY NATURAL  person  from  whom  the  scrap
metal  was  purchased  and  shall  retain  this copy in a separate book,
register or electronic archive for [two] THREE years from  the  date  of
purchase.
  S  7.  Section  69-h of the general business law is renumbered section
69-i and a new section 69-h is added to read as follows:
  S 69-H. PROHIBITION ON SALE  OF  CERTAIN  ITEMS.  NOTWITHSTANDING  ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
FUL TO SELL, OFFER FOR SALE, OR PURCHASE AS SCRAP, ANY OF THE FOLLOWING:
STREET  SIGNS,  FUNERAL  MARKERS,  OR ANY OTHER JUNK METAL ITEMS BEARING
MARKINGS OF ANY GOVERNMENTAL ENTITY, UTILITY COMPANY, CEMETERY OR  RAIL-
ROAD UNLESS SUCH ITEMS ARE OFFERED FOR SALE BY A DULY AUTHORIZED EMPLOY-
EE  OR  AGENT  OF  ANY GOVERNMENTAL ENTITY, UTILITY COMPANY, CEMETERY OR
RAILROAD. THIS SECTION SHALL NOT APPLY TO THE SALE, OFFER  FOR  SALE  TO
SCRAP  PROCESSOR OR FOR A SCRAP PROCESSOR TO PURCHASE FUNERAL MARKERS BY
OR FROM A DULY AUTHORIZED EMPLOYEE OR REPRESENTATIVE OF  A  MANUFACTURER
OF FUNERAL MARKERS.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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