senate Bill S3497

Amended

Prohibits the purchase of certain items as scrap

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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

  • 23 / Feb / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 10 / May / 2011
    • 1ST REPORT CAL.586
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 23 / May / 2011
    • AMENDED ON THIRD READING (T) 3497A
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION
  • 18 / Jan / 2012
    • 1ST REPORT CAL.70
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 21 / May / 2012
    • PASSED SENATE
  • 21 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Prohibits the sale or purchase of certain items as scrap; street signs, funeral markers, government entity, utility, cemetery or railroad items; preempts local laws.

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Bill Details

See Assembly Version of this Bill:
A5794
Versions:
S3497
S3497A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§69-e, 69-g & 69-i, add §§69-h & 69-j, Gen Bus L

Votes

9
0
9
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S3497

TITLE OF BILL:
An act
to amend the general business law, in relation to prohibiting the sale
or purchase of certain items as scrap

PURPOSE:
To prohibit the sale, offer of sale, or purchase as scrap of
certain items such as street signs, propane containers, funeral
markers, or any metal item bearing certain markings.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill contains a
definition for what government issued identification qualifies as.
Section 2 Contains certain necessary changes and expands the time
frame for which records must be kept.
Section 3 contains prohibition on items that are unlawful to sell,
offer for sale, or purchase as scrap such as street signs, propane
containers for fueling forklifts, funeral markers, or any metal items
bearing markings of any government entity, utility company, cemetery
or railroad unless offered for sale by an authorized employee. This
section also contains local law preemption language.
Section 4 contains penalty provisions of a maximum of two thousand
dollars and/or imprisonment for a term of not more than fifteen days.
This section also states that the court may in lieu of imposing a
fine, sentence the defendant to pay double the amount gained from the
sale of these items.

JUSTIFICATION:
Certain items should not be sold as
scrap as they are
only attainable through illegal means. This legislation clarifies
what some of these items are and increases penalties to a level more
reflective of the crime. It is crucially important to deter
individuals from partaking in this illegal activity, and one of the
most effective ways is by creating a significant punitive
disincentive to partake in these activities.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimally positive to the State.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.

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

                                  3497

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to prohibiting the
  sale or purchase of certain items as scrap

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 69-e of the general business law, as added by chap-
ter 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 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09055-02-1

S. 3497                             2

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 3. Section 69-h of the general business law  is  renumbered  section
69-i and two new sections 69-h and 69-j are 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, PROPANE CONTAINERS FOR FUELING FORKLIFTS, FUNERAL MARKERS,
OR ANY METAL ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL ENTITY,  UTILITY
COMPANY,  CEMETERY OR RAILROAD UNLESS SUCH ITEMS ARE OFFERED FOR SALE BY
A DULY AUTHORIZED EMPLOYEE OR AGENT OF ANY GOVERNMENTAL ENTITY,  UTILITY
COMPANY, CEMETERY OR RAILROAD.
  S 69-J. PREEMPTION OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE SHALL
APPLY  TO  ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION OF ONE
MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION, OR
ORDINANCE THAT DIRECTLY CONFLICTS WITH THE REGULATION  OR  LICENSING  OF
SCRAP  PROCESSORS  AS  SET  FORTH  IN THIS ARTICLE. NOTHING CONTAINED IN
LOCAL LAW NUMBER FIFTY OF THE CITY OF NEW YORK FOR THE YEAR TWO THOUSAND
SEVEN SHALL BE DEEMED  TO  DIRECTLY  CONFLICT  WITH  THE  REGULATION  OR
LICENSING OF SCRAP PROCESSORS AS SET FORTH IN THIS ARTICLE.
  S 4. Section 69-i of the general business law, as added by chapter 431
of  the  laws of 1976 and as renumbered by section three of this act, is
amended to read as follows:
  S 69-i. Penalty. 1. [Each] A FIRST violation of  this  article  [by  a
scrap processor] shall be a violation subject to a fine of not more than
two  [hundred] THOUSAND dollars[, unless such violation shall be wilful,
in which event it shall be a  misdemeanor  except,  however,  the  scrap
processor  shall  not  be  liable for any violation of this article by a
seller, his agent, or a purported seller or agent.] AND/OR  IMPRISONMENT
FOR  A  TERM  OF  NOT  MORE  THAN FIFTEEN DAYS.   A SECOND OR SUBSEQUENT
VIOLATION OF THIS ARTICLE SHALL BE A MISDEMEANOR SUBJECT TO  A  FINE  OF
NOT  MORE  THAN  FIVE THOUSAND DOLLARS AND/OR IMPRISONMENT FOR A TERM OF
NOT MORE THAN ONE YEAR.
  2. [Each violation of this article by a seller or his agent shall be a
misdemeanor.] IN ADDITION TO A TERM OF IMPRISONMENT, WHERE A PERSON  HAS
GAINED  MONEY OR PROPERTY THROUGH A VIOLATION OF THIS ARTICLE THE COURT,
UPON CONVICTION THEREOF, IN LIEU OF IMPOSING THE FINE AUTHORIZED FOR THE
OFFENSE UNDER SUBDIVISION ONE OF THIS SECTION MAY SENTENCE THE DEFENDANT
TO PAY AN AMOUNT, FIXED BY THE COURT, NOT EXCEEDING DOUBLE THE AMOUNT OF
THE DEFENDANT'S GAIN FROM THE COMMISSION OF THE OFFENSE.
  S 5.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

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