senate Bill S1591A

Amended

Prohibits the sale or 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

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 05 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 17 / Jun / 2013
    • PRINT NUMBER 1591A
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1422
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 09 / Jan / 2014
    • PRINT NUMBER 1591B
  • 22 / Jan / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 23 / Jan / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 23 / Jan / 2014
    • PRINT NUMBER 1591C
  • 16 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1374
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • 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

Versions:
S1591
S1591A
S1591B
S1591C
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§69-e, 69-f, 69-g & 69-i, ren §69-h to be §69-i, add §§69-h & 69-j, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S6971A

Sponsor Memo

BILL NUMBER:S1591A

TITLE OF BILL: An act to amend the general business law, in relation
to licensing of scrap producers in the state and certain cities

PURPOSE: To prohibit the sale or purchase of certain items as scrap by
creating a scrap processor registration system.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates certain definitions
for this act.

Section 2. Talks about a registration for scrap processors in Hew
York. This section lays out specific requirements that a scrap
processor must meet in order to qualify for a scrap processor
registration while delineating out the application process.

Section 3 lays out specifics related to scrap processing facilities,
including the need for an electronic video recording system at all
scales and al all points of sale locations.

Section 5 Prohibits the sale of certain items as scrap and allows for
preemption of local laws outside of NYC.

Section 5 Allows for penalties for violations of this article.

Section 6 is the effective date.

JUSTIFICATION: Scrap theft is a very real and ever growing crime
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.

By creating a registration process with enhanced safeguards we are
taking a step in the Prevention of this crime.

PRIOR LEGISLATIVE HISTORY: S. 6971A Passed Senate in 2012

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This bill shall take effect on the 180th day.

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

                                 1591--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the  Committee  on Consumer
  Protection -- reported favorably from said committee and committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation  to  licensing  of
  scrap producers in the state and certain cities

  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 METAL, the end product of which
is  the  production  of  raw material [for remelting purposes] for steel
mills, [foundaries] FOUNDRIES, smelters, refiners,  and  similar  users,
BUT  SHALL  NOT  INCLUDE  A  REDEMPTION CENTER, DEALER OR DISTRIBUTOR AS
DEFINED IN SECTION 27-1003 OF THE ENVIRONMENTAL CONSERVATION LAW  OR  AN
ELECTRONIC  WASTE  COLLECTION,  CONSOLIDATION  OR  RECYCLING FACILITY AS
DEFINED IN SECTION 27-2601 OF THE ENVIRONMENTAL CONSERVATION LAW.
  2. "Scrap processor" shall mean any person,  association,  partnership
or  corporation  operating  and  maintaining  a  "scrap metal processing
facility".
  3. "GOVERNMENT ISSUED  PHOTOGRAPHIC  IDENTIFICATION"  SHALL  MEAN  ANY
CURRENT  AND VALID OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERN-
MENT 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  AND  PHOTOGRAPH
OF THE PERSON TO WHOM IT IS ISSUED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04812-04-3

S. 1591--A                          2

  4. "DEPARTMENT" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF STATE.
  S  2.    Section 69-f of the general business law, as added by chapter
431 of the laws of 1976, is amended to read as follows:
  S 69-f. License.  1. It shall be unlawful for any person, association,
partnership or corporation to engage in business as  a  scrap  processor
unless  such  scrap processor shall have complied with the provisions of
this article and obtained a license to do so  from  [the  mayor  of  the
city,  if the place of business of such scrap processor is in a city, or
the mayor of the village if the place of business is in an  incorporated
village,  otherwise  from the supervisor of the town in which such place
of business is located, or from] the licensing authority  AS  DESIGNATED
BY A DULY ADOPTED LOCAL LAW of [any such] THE municipality IN WHICH SUCH
SCRAP  PROCESSOR IS LOCATED; for which license shall be paid [such mayor
or supervisor or licensing authority for the use of such city,  village,
or town the sum of seventy-five dollars if such place of business is the
principal  place  of  business  of  such  scrap processor in this state,
otherwise the sum of fifty dollars, which license shall expire  on  June
thirtieth  of each year] AN ANNUAL LICENSE FEE NOT TO EXCEED TWO HUNDRED
FIFTY DOLLARS.
  2. ON OR AFTER SEPTEMBER FIRST,  TWO  THOUSAND  FOURTEEN,  NO  PERSON,
ASSOCIATION,  PARTNERSHIP  OR CORPORATION SHALL HOLD HIMSELF, HERSELF OR
ITSELF OUT TO BE A SCRAP PROCESSOR  IN  NEW  YORK  STATE  WITHOUT  FIRST
REGISTERING WITH THE DEPARTMENT AS PROVIDED IN THIS SECTION.
  3.  ANY  PERSON,  ASSOCIATION,  PARTNERSHIP  OR  CORPORATION SEEKING A
LICENSE AS A SCRAP PROCESSOR SHALL FILE WITH THE  DEPARTMENT  A  LICENSE
APPLICATION WHICH SHALL INCLUDE THE FOLLOWING INFORMATION:
  (A) THE BUSINESS NAME AND ADDRESS OF THE APPLICANT;
  (B) THE NAMES OF THE APPLICANT'S OFFICERS, DIRECTORS, AND HIGH MANAGE-
RIAL AGENTS AS SUCH TERM IS DEFINED IN SECTION 20.20 OF THE PENAL LAW;
  (C) THE BUSINESS TELEPHONE NUMBER OF THE APPLICANT;
  (D)  THE  ADDRESS OF THE SCRAP PROCESSING FACILITY FOR WHICH A LICENSE
IS SOUGHT;
  (E) A STATEMENT INDICATING WHETHER THE APPLICANT OR ANY PERSON IDENTI-
FIED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION HAS:
  (I) BEEN CONVICTED OF ANY CRIME RELATING TO CONDUCT AS A SCRAP PROCES-
SOR; AND
  (II) AT ANY TIME IN THE PAST BEEN ISSUED A LICENSE  PURSUANT  TO  THIS
SECTION, AND IF SO, WHETHER SUCH LICENSE WAS EVER REVOKED OR SUSPENDED;
  (F)  A  CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS IN COMPLI-
ANCE WITH THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF  ENVIRONMENTAL
CONSERVATION;
  (G)  A  COPY OF (I) THE APPLICANT'S EPA REFRIGERANT RECOVERY EQUIPMENT
ACQUISITION CERTIFICATION FORM CERTIFYING THAT THE PROSPECTIVE  LICENSEE
OWNS  APPROVED  REFRIGERANT REMOVAL EQUIPMENT, OR (II) A COPY OF A VALID
CONTRACT BETWEEN THE  APPLICANT  AND  A  CERTIFIED  REFRIGERANT  REMOVAL
CONTRACTOR.
  (H)  A  CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS IN COMPLI-
ANCE WITH REQUIREMENTS OF SECTION SIXTY-NINE-G OF THIS ARTICLE;
  (I) A SWORN STATEMENT BY THE APPLICANT THAT THE INFORMATION SET  FORTH
IN THE APPLICATION IS CURRENT AND ACCURATE; AND
  (J)  A COMPLETE SET OF TWO FINGERPRINT CARDS FOR EACH OFFICER AND HIGH
MANAGERIAL AGENT  OF  THE  APPLICANT  ON  A  STANDARD  FINGERPRINT  CARD
APPROVED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH CARDS SHALL
BE RETAINED BY THE  DEPARTMENT  AND  USED  SOLELY  FOR  THE  PURPOSE  OF
CONDUCTING AN INVESTIGATION PURSUANT TO SUBDIVISION TEN OF THIS SECTION.

S. 1591--A                          3

IF  ADDITIONAL  COPIES  OF FINGERPRINTS ARE REQUIRED THE APPLICANT SHALL
FURNISH THEM UPON REQUEST.
  4.  (A)  A  LICENSE  ISSUED  OR  RENEWED  UNDER THE PROVISIONS OF THIS
SECTION SHALL ENTITLE A PERSON, ASSOCIATION, PARTNERSHIP OR  CORPORATION
TO ACT AS A SCRAP PROCESSOR IN THE STATE OF NEW YORK FOR A PERIOD OF TWO
YEARS  FROM THE EFFECTIVE DATE OF THE LICENSE. ANY LICENSE GRANTED UNDER
THIS SECTION MAY BE RENEWED BY THE DEPARTMENT UPON APPLICATION FOR  SUCH
RENEWAL  BY  THE  HOLDER  THEREOF,  IN  SUCH  FORM AS THE DEPARTMENT MAY
PRESCRIBE.
  (B) UPON ORIGINAL APPLICATION FOR A LICENSE  TO  OPERATE  AS  A  SCRAP
PROCESSOR,  THE  APPLICANT  SHALL PAY AN APPLICATION FEE OF ONE THOUSAND
DOLLARS. UPON APPLICATION FOR A LICENSE RENEWAL, THE LICENSE SHALL PAY A
RENEWAL PROCESSING FEE OF ONE THOUSAND DOLLARS.
  (C) THE SECRETARY OF STATE SHALL HAVE THE AUTHORITY  TO  ASSIGN  STAG-
GERED  EXPIRATION  DATES  FOR  LICENSES  AT  THE TIME OF RENEWAL. IF THE
ASSIGNED DATE RESULTS IN A TERM THAT  EXCEEDS  TWENTY-FOUR  MONTHS,  THE
APPLICANT  SHALL PAY AN ADDITIONAL PRORATED ADJUSTMENT TOGETHER WITH THE
REGULAR RENEWAL FEE.
  (D) THE SECRETARY OF STATE SHALL ISSUE EACH SCRAP PROCESSOR  A  UNIQUE
LICENSE NUMBER.
  5.  (A)  NOTICE  IN  WRITING  IN THE MANNER AND FORM PRESCRIBED BY THE
DEPARTMENT SHALL BE GIVEN TO THE DEPARTMENT AT  ITS  OFFICES  IN  ALBANY
WITHIN  TEN  DAYS  OF  CHANGES  OF NAME OR ADDRESS BY A REGISTERED SCRAP
PROCESSOR.
  (B) IN THE CASE OF LOSS, DESTRUCTION OR DAMAGE,  THE  DEPARTMENT  MAY,
UPON  SUBMISSION  OF A REQUEST IN SUCH FORM AND MANNER AS THE DEPARTMENT
MAY PRESCRIBE, ISSUE A DUPLICATE LICENSE UPON PAYMENT OF A  FEE  OF  ONE
HUNDRED DOLLARS.
  6. THE FEES ESTABLISHED BY THIS SECTION SHALL NOT BE REFUNDABLE.
  7.  EACH  SCRAP PROCESSOR SHALL EXHIBIT THE LICENSE PRESCRIBED BY THIS
ARTICLE AT THE PLACE OF BUSINESS.
  8. NO PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION SHALL:
  (A) PRESENT, OR ATTEMPT TO PRESENT, THE LICENSE OF ANOTHER;
  (B) KNOWINGLY GIVE FALSE EVIDENCE OF A MATERIAL NATURE TO THE  DEPART-
MENT FOR THE PURPOSE OF PROCURING A LICENSE; OR
  (C) FALSELY REPRESENT THEMSELVES TO BE A REGISTERED SCRAP PROCESSOR.
  9.  LICENSES  ISSUED  TO SCRAP PROCESSORS SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
  10. (A) THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES  AND  REGU-
LATIONS AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTI-
CLE.
  (B)  THE  SECRETARY  OF  STATE  SHALL  HAVE  THE  POWER TO ENFORCE THE
PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON THE
DEPARTMENT'S INITIATIVE, TO INVESTIGATE  ANY  VIOLATION  THEREOF  OR  TO
INVESTIGATE  THE  BUSINESS PRACTICES AND BUSINESS METHODS OF ANY PERSON,
ASSOCIATION, PARTNERSHIP  OR  CORPORATION  APPLYING  FOR  OR  HOLDING  A
LICENSE AS A SCRAP PROCESSOR. EACH SUCH APPLICANT OR REGISTRANT SHALL BE
OBLIGED ON REQUEST OF THE DEPARTMENT, TO SUPPLY SUCH INFORMATION, BOOKS,
PAPERS  OR  RECORDS  AS MAY BE REQUIRED CONCERNING BUSINESS PRACTICES OR
BUSINESS METHODS. FAILURE TO COMPLY WITH SUCH LAWFUL REQUEST SHALL BE  A
GROUND  FOR  DENYING  AN  APPLICATION  FOR  A  LICENSE, OR FOR REVOKING,
SUSPENDING, OR NOT RENEWING A LICENSE ISSUED UNDER THIS ARTICLE.
  11. IN ORDER TO ASSURE THAT SCRAP PROCESSOR LICENSES ARE NOT ISSUED TO
OR HELD BY UNQUALIFIED OR UNSUITABLE PERSONS,  THE  SECRETARY  OR  STATE
MAY,  CONSISTENT  WITH  ARTICLES  TWENTY-THREE AND TWENTY-THREE-A OF THE
CORRECTION LAW, DENY, SUSPEND OR REVOKE ANY SUCH LICENSE UPON A  WRITTEN

S. 1591--A                          4

DETERMINATION  THAT SUCH ACTION IS REQUIRED TO PROTECT THE PUBLIC HEALTH
AND SAFETY AND THAT:
  (A)  THE LICENSE HOLDER OR APPLICANT HAS BEEN FINALLY DETERMINED IN AN
ADMINISTRATIVE, CIVIL OR CRIMINAL PROCEEDING TO HAVE VIOLATED A SUBSTAN-
TIVE PROVISION OF THIS ARTICLE, ANY SUBSTANTIVE  REGULATION  PROMULGATED
PURSUANT  TO  THIS  ARTICLE,  A MATERIAL CONDITION OF ANY LICENSE ISSUED
THEREUNDER, OR OF ANY SUBSTANTIALLY SIMILAR STATUTE,  REGULATION,  ORDER
OR  LICENSE  CONDITION OF THE FEDERAL OR OTHER STATE GOVERNMENT RELATING
TO OPERATION AS A SCRAP PROCESSOR; OR
  (B) SUCH LICENSEE OR APPLICANT HAS BEEN PREVIOUSLY  DENIED  A  LICENSE
FOR THE SAME OR SUBSTANTIALLY SIMILAR ACTIVITY BASED UPON ONE OR MORE OF
THE PROVISIONS OF THIS SUBDIVISION; OR
  (C)  SUCH  LICENSE  HOLDER  OR  APPLICANT  HAS  BEEN  FOUND IN A CIVIL
PROCEEDING TO HAVE COMMITTED AN INTENTIONALLY TORTIOUS ACT  IN  RELATION
TO  OPERATIONS  AS A SCRAP PROCESSOR OR HAS BEEN CONVICTED IN A CRIMINAL
PROCEEDING OF A CRIME INVOLVING OPERATION AS A SCRAP PROCESSOR; OR
  (D) SUCH LICENSEE HAS BEEN CONVICTED OF A FELONY  UNDER  THE  LAWS  OF
THIS  STATE  INVOLVING  FRAUD,  BRIBERY,  PERJURY, OR THEFT, OR HAS BEEN
CONVICTED UNDER THE LAWS OF ANY OTHER STATE OR OF THE UNITED STATES OF A
CRIMINAL OFFENSE WHICH, IF COMMITTED AND PROSECUTED IN THIS STATE, WOULD
CONSTITUTE A SIMILAR FELONY UNDER SUCH LAWS OF THIS STATE; OR
  (E) SUCH LICENSEE IN ANY MATTER WITHIN THE JURISDICTION OF THE DEPART-
MENT HAS BEEN DETERMINED TO HAVE KNOWINGLY FALSIFIED A MATERIAL FACT, OR
KNOWINGLY SUBMITTED A FALSE STATEMENT, OR KNOWINGLY MADE USE OF A  FALSE
STATEMENT  IN  CONNECTION  WITH ANY DOCUMENT OR APPLICATION SUBMITTED TO
THE DEPARTMENT OR SAID AGENCY; OR
  (F) SUCH LICENSEE OR APPLICANT IS EITHER:
  (I) AN INDIVIDUAL WHO HAD A SUBSTANTIAL INTEREST IN OR ACTED AS A HIGH
MANAGERIAL AGENT OR DIRECTOR FOR ANY CORPORATION,  PARTNERSHIP,  ASSOCI-
ATION  OR ORGANIZATION WHICH COMMITTED AN ACT OR FAILED TO ACT, AND SUCH
ACT OR FAILURE TO ACT COULD BE THE BASIS FOR THE  DENIAL  OF  A  LICENSE
PURSUANT  TO  THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER IF SUCH
CORPORATION, PARTNERSHIP, ASSOCIATION  OR  ORGANIZATION  APPLIED  FOR  A
LICENSE UNDER THIS TITLE; OR
  (II)  A CORPORATION, PARTNERSHIP, ASSOCIATION, OR ORGANIZATION, OR ANY
PRINCIPAL THEREOF, OR ANY PERSON HOLDING A SUBSTANTIAL INTEREST THEREIN,
WHICH COMMITTED AN ACT OR FAILED TO ACT, AND SUCH ACT OR FAILURE TO  ACT
COULD  BE THE BASIS FOR THE DENIAL OF A LICENSE PURSUANT TO THIS SECTION
OR REGULATIONS PROMULGATED THEREUNDER IF SUCH CORPORATION,  PARTNERSHIP,
ASSOCIATION OR ORGANIZATION APPLIED FOR A LICENSE UNDER THIS TITLE; OR
  (III)  A  CORPORATION, PARTNERSHIP, ASSOCIATION OR ORGANIZATION OR ANY
HIGH MANAGERIAL AGENT OR DIRECTOR  THEREOF,  OR  ANY  PERSON  HOLDING  A
SUBSTANTIAL  INTEREST THEREIN, ACTING AS HIGH MANAGERIAL AGENT OR DIREC-
TOR FOR OR HOLDING A SUBSTANTIAL INTEREST IN ANOTHER CORPORATION,  PART-
NERSHIP, ASSOCIATION OR ORGANIZATION WHICH COMMITTED AN ACT OR FAILED TO
ACT, AND SUCH ACT OR FAILURE TO ACT COULD BE THE BASIS FOR THE DENIAL OF
A LICENSE PURSUANT TO THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER
HAD  SUCH  OTHER  CORPORATION,  PARTNERSHIP, ASSOCIATION OR ORGANIZATION
APPLIED FOR A LICENSE UNDER THIS TITLE.
  FOR THE PURPOSES OF THIS SUBDIVISION, "HIGH MANAGERIAL AGENT" HAS  THE
SAME MEANING AS IS GIVEN THAT TERM IN SECTION 20.20 OF THE PENAL LAW.
  12.  ANY  ACT  OR FAILURE TO ACT WHICH SERVES AS A BASIS FOR DENIAL OR
REVOCATION OF A LICENSE PURSUANT TO THIS SUBDIVISION SHALL HAVE OCCURRED
WITHIN FIVE YEARS FROM THE DATE ON WHICH THE APPLICATION FOR A  LICENSE,
RENEWAL  OR MODIFICATION IS SUBMITTED TO THE DEPARTMENT OR FROM THE DATE

S. 1591--A                          5

ON WHICH THE DEPARTMENT SERVES NOTICE OF INTENT TO REVOKE  OR  MODIFY  A
LICENSE ISSUED BY THE DEPARTMENT IN RELATION TO AN EXISTING LICENSE.
  13. ANY PERSON DENIED A LICENSE OR RENEWAL ON THE GROUNDS SPECIFIED IN
THIS  SECTION  SHALL  BE ENTITLED TO A HEARING WITHIN SIXTY DAYS OF SUCH
DENIAL IN THE CASE OF A NEW LICENSE, OR WITHIN FIFTEEN DAYS IN THE  CASE
OF A RENEWAL OF ANY EXISTING LICENSE.
  14. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL REGIS-
TERED  SCRAP  PROCESSORS,  WHICH  SHALL LIST AND IDENTIFY ON A COUNTY BY
COUNTY BASIS, ALL REGISTERED SCRAP PROCESSORS  DOING  BUSINESS  IN  THIS
STATE. THE DEPARTMENT SHALL MAKE THE REGISTRY AVAILABLE ON ITS WEBSITE.
  S  3.  Section 69-g of the general business law, as amended by chapter
302 of the laws of 2007, is amended to read as follows:
  S 69-g. Records. 1. [Such] A 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, THE name of THE seller, [his] THE SELL-
ER'S  residence OR BUSINESS 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 OR HER agent. It shall be
unlawful for any seller to refuse to  furnish  such  information  or  to
furnish  incorrect or incomplete information. Such scrap processor shall
also make and retain a copy of the government issued photographic  iden-
tification  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.
  2.  Such  records  shall  be  available  for  inspection by the police
department of the state or the municipality in which  the  establishment
is  located,  BY  THE DEPARTMENT AND BY THE LOCAL LICENSING AUTHORITY SO
DESIGNATED PURSUANT TO SUBDIVISION ONE OF SECTION SIXTY-NINE-F  OF  THIS
ARTICLE.
  3.  BY  NO  LATER THAN SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, A SCRAP
PROCESSOR SHALL INSTALL AND MAINTAIN  IN  WORKING  ORDER  AN  ELECTRONIC
VIDEO  RECORDING  SYSTEM AT ALL SCALES AND AT ALL POINTS OF SALE LOCATED
ON THE PREMISES OF  THE  SCRAP  PROCESSING  FACILITY.  ELECTRONIC  VIDEO
RECORDS  SHALL BE MAINTAINED IN AN ELECTRONIC ARCHIVE FOR A PERIOD OF NO
LESS THAN ONE HUNDRED TWENTY DAYS FROM THE  DATE  WHEN  SUCH  ELECTRONIC
VIDEO RECORD WAS MADE.
  4.  BY  NO  LATER THAN SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, A SCRAP
PROCESSOR SHALL MAINTAIN A RECORD THAT SAID SCRAP PROCESSOR  EITHER  (A)
POSSESSES  REFRIGERANT RECOVERY EQUIPMENT CERTIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY OR (B) HAS  EXECUTED  A  VALID  CONTRACT
WITH A REFRIGERANT REMOVAL CONTRACT CERTIFIED BY THE UNITED STATES ENVI-
RONMENTAL PROTECTION AGENCY.
  S  4.  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  FOR SCRAP PROCESSORS TO SELL, OFFER FOR SALE, OR PURCHASE AS SCRAP,
ANY METAL ITEMS BEARING MARKINGS OF  ANY  GOVERNMENTAL  ENTITY,  UTILITY

S. 1591--A                          6

COMPANY,  CEMETERY OR RAILROAD UNLESS SUCH ITEMS ARE OFFERED FOR SALE BY
A DULY AUTHORIZED EMPLOYEE OR AGENT OF  ANY  SUCH  GOVERNMENTAL  ENTITY,
UTILITY COMPANY, CEMETERY OR RAILROAD.
  S   69-J.  PREEMPTION  OF  LOCAL  LAWS.  THE  PROVISIONS  OF  SECTIONS
SIXTY-NINE-G AND SIXTY-NINE-H OF THIS ARTICLE SHALL PREEMPT  AND  SUPER-
SEDE  ANY  LOCAL  LAW WHICH WOULD OTHERWISE REGULATE THE PURCHASE AND/OR
SALE OF SCRAP  METAL  AND/OR  IMPOSE  RECORD  KEEPING  AND/OR  REPORTING
REQUIREMENTS  IN  A  MANNER  WHICH  CONFLICTS WITH OR IMPOSED ADDITIONAL
REQUIREMENTS OTHER THAN THOSE SET  FORTH  THEREIN,  AND/OR  WHICH  WOULD
REQUIRE  A SCRAP PROCESSOR TO HOLD SCRAP MATERIAL FOR A SPECIFIED PERIOD
OF TIME PRIOR TO THE PROCESSING OR RE-SALE OF SUCH  SCRAP  MATERIAL,  OR
WHICH WOULD OTHERWISE PROHIBIT THE ACCEPTANCE OF SCRAP MATERIAL.
  S 5. Section 69-i of the general business law, as added by chapter 431
of  the  laws  of 1976 and as renumbered by section four of this act, is
amended to read as follows:
  S 69-i. Penalty. 1. [Each violation of this article by a scrap proces-
sor shall be a violation subject to a fine of not more than two  hundred
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.
  2. Each violation of this article by a seller or his agent shall be  a
misdemeanor.]  ANY  PERSON,  ASSOCIATION, PARTNERSHIP OR CORPORATION WHO
VIOLATES THIS ARTICLE SHALL BE LIABLE FOR A CRIMINAL FINE  OF  NOT  MORE
THAN TWO THOUSAND FIVE HUNDRED DOLLARS AND/OR IMPRISONMENT FOR A TERM OF
NOT MORE THAN FIFTEEN DAYS. A SECOND VIOLATION OF THIS ARTICLE COMMITTED
WITHIN A TEN-YEAR PERIOD SHALL BE PUNISHABLE AS A MISDEMEANOR SUBJECT TO
A  CRIMINAL FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS AND/OR IMPRISON-
MENT FOR A TERM OF NOT MORE THAN ONE YEAR.
  2. ANY PERSON, ASSOCIATION, PARTNERSHIP OR  CORPORATION  WHO  VIOLATES
THIS ARTICLE SHALL BE LIABLE FOR A MAXIMUM CIVIL PENALTY OF TWO THOUSAND
FIVE  HUNDRED  DOLLARS  FOR A FIRST OFFENSE, FIVE THOUSAND DOLLARS FOR A
SECOND OFFENSE WITHIN A TWELVE MONTH PERIOD  AND  FOR  A  MAXIMUM  CIVIL
PENALTY  OF  TEN  THOUSAND  DOLLARS  FOR A THIRD AND FOR EACH SUBSEQUENT
OFFENSE WITHIN A TWELVE-MONTH PERIOD.
  3. IN ANY CRIMINAL PROCEEDING BROUGHT PURSUANT  TO  THIS  ARTICLE,  IN
ADDITION  TO  A TERM OF IMPRISONMENT, WHERE A PERSON, ASSOCIATION, PART-
NERSHIP OR CORPORATION 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 COMMIS-
SION OF THE OFFENSE.
  4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
IN  ADDITION TO THOSE PERSONS OTHERWISE AUTHORIZED TO ENFORCE THIS ARTI-
CLE AND ADJUDICATE VIOLATIONS THEREOF, THE PROVISIONS  OF  THIS  ARTICLE
SHALL  ALSO BE ENFORCEABLE IN A CITY WITH A POPULATION OF ONE MILLION OR
MORE BY AN AGENCY DESIGNATED BY A LOCAL LAW DULY ADOPTED BY  SUCH  CITY,
AND  NOTICES OF VIOLATION MAY BE RETURNABLE TO THE ENVIRONMENTAL CONTROL
BOARD OF SUCH CITY, WHICH SHALL HAVE  THE  POWER  TO  IMPOSE  THE  CIVIL
PENALTIES  HEREIN  PROVIDED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
RULE OR REGULATION, SERVICE OF A NOTICE  OF  VIOLATION  FOR  AN  ALLEGED
VIOLATION  OF  THIS  SUBDIVISION COMMITTED IN SUCH CITY MAY BE MADE UPON
ANY PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION BY FIRST CLASS MAIL,
POSTAGE PREPAID, AND ANY SUCH NOTICE SERVED BY MAIL SHALL BE  RETURNABLE
ONLY  TO  SUCH  ENVIRONMENTAL CONTROL BOARD. SUCH SERVICE BY FIRST CLASS

S. 1591--A                          7

MAIL SHALL BE DEEMED COMPLETE UPON MAILING OF THE NOTICE  OF  VIOLATION,
UNLESS  THE  NOTICE OF VIOLATION IS RETURNED TO THE SENDER BY THE UNITED
STATES POSTAL SERVICE FOR ANY REASON OTHER THAN REFUSAL OF DELIVERY.  IN
ADDITION,  ANY  NOTICE  OF VIOLATION FOR A VIOLATION OF THIS SUBDIVISION
MAY BE SERVED BY A MEANS PRESCRIBED IN ARTICLE THREE OF THE CIVIL  PRAC-
TICE LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW.
  (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, RULE OR REGULATION,
SUCH CIVIL PENALTIES IMPOSED BY SUCH ENVIRONMENTAL CONTROL  BOARD  SHALL
BE PAID INTO THE GENERAL FUND OF SUCH CITY.
  (C) ANY FINAL ORDER ISSUED PURSUANT TO THIS SUBDIVISION BY AN ENVIRON-
MENTAL  CONTROL BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR MORE
SHALL CONSTITUTE A JUDGMENT THAT MAY BE ENTERED IN  ANY  PLACE  PROVIDED
FOR  THE  ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE, AND MAY BE ENFORCED
WITHOUT COURT PROCEEDINGS IN THE SAME MANNER AS THE ENFORCEMENT OF MONEY
JUDGMENTS ENTERED IN CIVIL ACTIONS;  PROVIDED,  HOWEVER,  THAT  NO  SUCH
JUDGMENT  SHALL  BE ENTERED THAT EXCEEDS THE SUM OF TWENTY-FIVE THOUSAND
DOLLARS  FOR  EACH  PERSON,  ASSOCIATION,  PARTNERSHIP  OR  CORPORATION.
NOTWITHSTANDING  THE  PRECEDING SENTENCE, BEFORE A JUDGMENT BASED UPON A
DEFAULT MAY BE SO ENTERED, SUCH ENVIRONMENTAL CONTROL  BOARD  MUST  HAVE
NOTIFIED  THE  PERSON,  ASSOCIATION, PARTNERSHIP OR CORPORATION BY FIRST
CLASS MAIL IN SUCH FORM AS SUCH ENVIRONMENTAL CONTROL BOARD MAY  DIRECT:
(1)  OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED; (2) THAT
A JUDGMENT WILL BE ENTERED IN ANY PLACE PROVIDED FOR THE ENTRY OF  CIVIL
JUDGMENTS  IN  THE  STATE;  AND  (3)  THAT ENTRY OF SUCH JUDGMENT MAY BE
AVOIDED BY REQUESTING A STAY OF DEFAULT FOR GOOD CAUSE SHOWN AND  EITHER
REQUESTING  A  HEARING  OR ENTERING A PLEA PURSUANT TO THE RULES OF SUCH
ENVIRONMENTAL CONTROL BOARD WITHIN THIRTY DAYS OF THE  MAILING  OF  SUCH
NOTICE.  NO JUDGMENT BASED UPON A DEFAULT MAY BE SO ENTERED BY THE ENVI-
RONMENTAL CONTROL BOARD WITHIN LESS THAN SIXTY DAYS FROM THE  COMPLETION
OF  SERVICE  BY MAIL OF THE NOTICE OF VIOLATION AS PROVIDED IN PARAGRAPH
(A) OF THIS SUBDIVISION. ANY REQUIREMENT OF ANY PROVISION OF  LAW  OTHER
THAN  THIS  SUBDIVISION  THAT  RELATES  TO  THE MANNER OF SERVICE OF THE
NOTICE OF VIOLATION THAT PRECEDES ANY FINAL ORDER OF SUCH  ENVIRONMENTAL
CONTROL  BOARD  SHALL NOT APPLY TO A FINAL ORDER ISSUED PURSUANT TO THIS
SUBDIVISION. A JUDGMENT ENTERED PURSUANT TO THIS PARAGRAPH SHALL  REMAIN
IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  S  6.    This  act  shall  take  effect on the first of September next
succeeding the date on which it  shall  have  become  a  law,  provided,
however,  that  the  department  of  state may take all steps necessary,
including but not limited to the promulgation of rules and  regulations,
to ensure the prompt implementation of this act on its effective date.

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