Assembly Bill A9185

2009-2010 Legislative Session

Provides for the lawful sale of scrap copper and other metals by junk dealers; creates New York state metal theft task force

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2010	reported referred to codes
Jan 19, 2010	print number 9185a
Jan 19, 2010	amend and recommit to economic development
Jan 06, 2010	referred to economic development
Oct 13, 2009	referred to economic development

Bill Amendments

Original

A (Active)

2009-A9185 - Details

Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Amd §§62, 63, 64, 69-e & 69-g, add §63-b, ren §69-h to be §69-i, add §§69-h & 69-j, Gen Bus L

2009-A9185 - Summary

Provides for the lawful sale of scrap copper and other metals by junk dealers; restricts sale of certain items; increases existing penalties; creates the NYS metal theft task force to monitor junk dealers for compliance.

2009-A9185 - Sponsor Memo

                                BILL NUMBER:A9185

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;
and creating the New York state metal theft task force

PURPOSE: This bill provides stricter regulations and compliance
measures for junkyard dealers and penalties for those junkyard dealers
who engage in illegal operations in the trade of scrap metal.

SUMMARY OF PROVISIONS: Section 1. Section (5)62 amends the general
business law by adding a new section that will:

*Require scrap yards to obtain a copy of a government-issued
identification card from the seller.

*Require that sellers provide written verification of their
authorization to sell such items before scrap yards can purchase.

Amends § 64 to:

*Devise stricter penalties for repeat offenders.

Amends § 64 to:

*Establish a Task Force that will compile and analyze data, assess the

extent of compliance with current law, assess the efforts of
municipalities, ensure professionalism in the industry, determine if
further legislation is needed to deter theft, and prepare a report of
findings for the Governor and Legislature. Lastly, the task force will
determine the effectiveness of establishing a toll-free state wide
telephone number for citizens to report suspected metal thefts.

Amends § 63-b & 69-i 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,

JUSTIFICATION: Copper thefts appear to be at the highest level in a
decade. Between March 2005 and April 2006, national copper prices
increased 160 percent. Since April 2005,_the price of copper pipe and
tubing have risen nearly 71 percent. Copper prices have nearly tripled
in the last year as demand for a variety of metals has soared
throughout the world.

Accelerating copper prices have led to a rapidly increasing number of
thefts across the USA of everything, including electrical wires,
plumbing pipes, vases, and grave markers as thieves steal and re-sell
the expensive metal to junkyard/salvage dealers. Copper is 100%
recyclable, and selling scrap copper can be quite lucrative in the
salvage yard industry. Coincidentally, salvage yards have gone from 60
visitors a day to over 250 visitors a day with copper salvage wire
alone.


New regulations are needed because it is difficult for recyclers and
scrap metal yards to tell if the copper items have been stolen, as
pieces of scrap metal and copper do not carry identifiers, The costs
to replace stolen scrap metal are vast, and the amount of financial
backing can be millions of dollars.

LEGISLATIVE HISTORY: A6250D of 2007-20008

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take place immediately.

2009-A9185 - Bill Text download pdf

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

                                  9185

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 13, 2009
                               ___________

Introduced  by M. of A. PEOPLES -- read once and referred to the Commit-
  tee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to the lawful sale
  of scrap copper and other metals by junk dealers; and creating the New
  York state metal theft task force

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04698-02-9

A. 9185                             2

shall retain this copy AND THE SIGNED STATEMENT in a  separate  book  or
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.  NOTWITHSTANDING  ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
FUL  TO SELL, OFFER FOR SALE, OR PURCHASE AS JUNK, 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.    THIS SECTION SHALL NOT APPLY TO THE
SALE, OFFER FOR SALE, OR PURCHASE AS JUNK,  OF  SUCH  ITEMS  BY  A  DULY
AUTHORIZED EMPLOYEE OR REPRESENTATIVE OF ANY GOVERNMENTAL ENTITY, UTILI-
TY COMPANY, CEMETERY OR RAILROAD ACTING IN THEIR OFFICIAL CAPACITY.
  S  4.  Section  64  of  the general business law is amended to read as
follows:
  S 64. [Penalty] PENALTIES.  1. Each violation of this article,  either
by  the junk dealer, the agent or servant thereof, and each false state-
ment made in or on any statement or  tag  above  mentioned  shall  be  a
misdemeanor  and the person convicted shall, in addition to other penal-
ties imposed, forfeit his OR HER license to do business.
  2. IF A JUNK DEALER, THE AGENT OR SERVANT THEREOF, HAS THREE  OR  MORE
PREVIOUS  CONVICTIONS  IN  A  TEN-YEAR  PERIOD FOR VIOLATIONS OF SECTION
SIXTY-TWO, SIXTY-THREE OR SIXTY-THREE-B OF THIS  ARTICLE,  SUCH  CURRENT
VIOLATION SHALL BE PUNISHABLE AS A CLASS E FELONY.
  3.  EACH  VIOLATION  OF  THIS ARTICLE BY A SELLER SHALL BE A VIOLATION
SUBJECT TO A FINE OF NOT MORE THAN  ONE  HUNDRED  DOLLARS,  UNLESS  SUCH
VIOLATION  SHALL  BE  KNOWING  AND WILLFUL, IN WHICH EVENT IT SHALL BE A
MISDEMEANOR.
  4. But nothing [herein contained]  IN  THIS  SECTION  shall  apply  to
cities of the first class.

A. 9185                             3

  S  5.    New  York state metal theft task force. 1. The New York state
metal theft task force is hereby established. The role of the task force
includes, but is not limited to:
  (a)  compiling  and  analyzing  data  regarding the incidence of metal
theft in the state;
  (b) assessing the extent to which junk dealers  and  scrap  processors
are complying with the laws, rules and regulations of this state;
  (c)  assessing  the  efforts of municipalities in ensuring lawful junk
dealing and scrap processing within their jurisdiction;
  (d) assessing the extent to which the current junk  dealer  and  scrap
processor licensing scheme provided for by the state law ensures profes-
sionalism in these industries;
  (e)  assessing  the need for legislation to further deter the theft of
metal in the state and enhance the ability of law  enforcement  entities
to  prosecute  those  engaged  in  such  activity; and if legislation is
deemed necessary, to make specific legislative  recommendations  to  the
legislature; and
  (f) preparing a report for submission to the governor and the legisla-
ture  that  provides  specific recommendations regarding: existing state
laws, regulations, programs, policies,  and  practices  related  to  the
theft  of  metal,  junk  dealing  and  scrap processing; research on law
enforcement techniques that have, or are most likely to  be,  successful
in  prosecuting  metal  thieves; current and anticipated trends in metal
theft; the effectiveness of establishing a toll-free statewide telephone
number for citizens to  report  suspected  metal  theft;  the  need  for
increased  state  oversight for junk dealers and scrap metal processors;
and the results of the assessment of the need for legislation to address
such activity, as required in paragraph (e) of this subdivision.
  2. The task force shall issue its findings, in the form of  a  report,
no later than November 30, 2012.
  3.  The task force shall consist of seven members of whom two shall be
appointed by the governor, two by the temporary president of the senate,
two by the speaker of the assembly and one shall be  the  superintendent
of  state  police,  or  such superintendent's designee. A chair shall be
elected by the members of the task force. Four  members  shall,  at  all
times,  constitute  a  quorum. Members shall receive no compensation for
their services but shall be reimbursed for their expenses  actually  and
necessarily  incurred  in  the  performance  of  any  of  their  duties.
Notwithstanding any inconsistent provision of any general,  special,  or
local  law,  no  officer  or  employee  of the state or of any political
subdivision thereof shall forfeit his or her  office  or  employment  by
reason of acceptance of appointment to the task force.
  4.  The  task  force  may  request from any department, board, bureau,
commission or other agency of the state, and the same are authorized  to
provide,  such  cooperation  and  assistance,  services and data as will
enable the task force properly to carry out its functions.
  S 6. 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".

A. 9185                             4

  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  7.  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 8. 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,  REGU-
LATION, OR ORDINANCE REGULATING OR LICENSING SCRAP PROCESSORS AS DEFINED
IN THIS ARTICLE.
  S  9.  This  act shall take effect on the ninetieth day after it shall
have become a law.

2009-A9185A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Amd §§62, 63, 64, 69-e & 69-g, add §63-b, ren §69-h to be §69-i, add §§69-h & 69-j, Gen Bus L

2009-A9185A (ACTIVE) - Summary

2009-A9185A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9185A

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;
and creating the New York state metal theft task force

PURPOSE:  This  bill  provides  stricter  regulations  and  compliance
measures for junkyard dealers and penalties for those junkyard dealers
who engage in illegal operations in the trade of scrap metal.

SUMMARY OF PROVISIONS: Section 1. Section  (5)62  amends  the  general
business law by adding a new section that will:

*Require   scrap  yards  to  obtain  a  copy  of  a  government-issued
identification card from the seller.

*Require  that  sellers  provide   written   verification   of   their
authorization to sell such items before scrap yards can purchase.

Amends § 64 to:

*Devise stricter penalties for repeat offenders.

Amends § 64 to:

*Establish a Task Force that will compile and analyze data, assess the

extent   of  compliance  with  current  law,  assess  the  efforts  of
municipalities, ensure professionalism in the industry,  determine  if
further  legislation is needed to deter theft, and prepare a report of
findings for the Governor and Legislature. Lastly, the task force will
determine the effectiveness of establishing  a  toll-free  state  wide
telephone number for citizens to report suspected metal thefts.

Amends § 63-b & 69-i 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,

JUSTIFICATION:  Copper  thefts  appear to be at the highest level in a
decade. Between March 2005 and  April  2006,  national  copper  prices
increased  160 percent. Since April 2005, the price of copper pipe and
tubing have risen nearly 71 percent. Copper prices have nearly tripled
in the last year  as  demand  for  a  variety  of  metals  has  soared
throughout the world.

Accelerating  copper prices have led to a rapidly increasing number of
thefts across the  USA  of  everything,  including  electrical  wires,
plumbing  pipes, vases, and grave markers as thieves steal and re-sell
the expensive  metal  to  junkyard/salvage  dealers.  Copper  is  100%
recyclable,  and-selling  scrap  copper  can be quite lucrative in the
salvage yard industry. Coincidentally, salvage yards have gone from 60
visitors a day to over 250 visitors a day  with  copper  salvage  wire
alone.


New  regulations  are needed because it is difficult for recyclers and
scrap metal yards to tell if the copper items  have  been  stolen,  as
pieces  of  scrap metal and copper do not carry identifiers, The costs
to replace stolen scrap metal are vast, and the  amount  of  financial
backing can be millions of dollars.

LEGISLATIVE HISTORY: A6250D of 2007-20008

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take place immediately.

2009-A9185A (ACTIVE) - Bill Text download pdf

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

                                 9185--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 13, 2009
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry
  -- recommitted to the Committee on Economic Development, Job Creation,
  Commerce and Industry in accordance with Assembly Rule 3,  sec.  2  --
  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; and creating the New
  York state metal theft task force

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04698-03-0

A. 9185--A                          2

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
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.  NOTWITHSTANDING  ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
FUL  TO SELL, OFFER FOR SALE, OR PURCHASE AS JUNK, 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.    THIS SECTION SHALL NOT APPLY TO THE
SALE, OFFER FOR SALE, OR PURCHASE AS JUNK,  OF  SUCH  ITEMS  BY  A  DULY
AUTHORIZED EMPLOYEE OR REPRESENTATIVE OF ANY GOVERNMENTAL ENTITY, UTILI-
TY COMPANY, CEMETERY OR RAILROAD ACTING IN THEIR OFFICIAL CAPACITY.
  S  4.  Section  64  of  the general business law is amended to read as
follows:
  S 64. [Penalty] PENALTIES.  1. Each violation of this article,  either
by  the junk dealer, the agent or servant thereof, and each false state-
ment made in or on any statement or  tag  above  mentioned  shall  be  a
misdemeanor  and the person convicted shall, in addition to other penal-
ties imposed, forfeit his OR HER license to do business.
  2. IF  A  JUNK  DEALER,  THE  AGENT  OR  SERVANT  THEREOF,  HAS  THREE
CONVICTIONS  WITHIN A SEVEN-YEAR PERIOD FOR VIOLATIONS OF SECTION SIXTY-
TWO, SIXTY-THREE OR SIXTY-THREE-B OF THIS ARTICLE, SUCH THIRD  VIOLATION
SHALL BE PUNISHABLE AS A CLASS D FELONY.
  3.  EACH  VIOLATION OF THIS ARTICLE BY A SELLER SHALL BE A MISDEMEANOR
AND SUCH SELLER SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED
DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.

A. 9185--A                          3

  4. But nothing [herein contained]  IN  THIS  SECTION  shall  apply  to
cities of the first class.
  S  5.    New  York state metal theft task force. 1. The New York state
metal theft task force is hereby established. The role of the task force
includes, but is not limited to:
  (a) compiling and analyzing data  regarding  the  incidence  of  metal
theft in the state;
  (b)  assessing  the  extent to which junk dealers and scrap processors
are complying with the laws, rules and regulations of this state;
  (c) assessing the efforts of municipalities in  ensuring  lawful  junk
dealing and scrap processing within their jurisdiction;
  (d)  assessing  the  extent to which the current junk dealer and scrap
processor licensing scheme provided for by the state law ensures profes-
sionalism in these industries;
  (e) assessing the need for legislation to further deter the  theft  of
metal  in  the state and enhance the ability of law enforcement entities
to prosecute those engaged in  such  activity;  and  if  legislation  is
deemed  necessary,  to  make specific legislative recommendations to the
legislature; and
  (f) preparing a report for submission to the governor and the legisla-
ture that provides specific recommendations  regarding:  existing  state
laws,  regulations,  programs,  policies,  and  practices related to the
theft of metal, junk dealing  and  scrap  processing;  research  on  law
enforcement  techniques  that have, or are most likely to be, successful
in prosecuting metal thieves; current and anticipated  trends  in  metal
theft; the effectiveness of establishing a toll-free statewide telephone
number  for  citizens  to  report  suspected  metal  theft; the need for
increased state oversight for junk dealers and scrap  metal  processors;
and the results of the assessment of the need for legislation to address
such activity, as required in paragraph (e) of this subdivision.
  2.  The  task force shall issue its findings, in the form of a report,
no later than November 30, 2012.
  3. The task force shall consist of seven members of whom two shall  be
appointed by the governor, two by the temporary president of the senate,
two  by  the speaker of the assembly and one shall be the superintendent
of state police, or such superintendent's designee.  A  chair  shall  be
elected  by  the  members  of the task force. Four members shall, at all
times, constitute a quorum. Members shall receive  no  compensation  for
their  services  but shall be reimbursed for their expenses actually and
necessarily  incurred  in  the  performance  of  any  of  their  duties.
Notwithstanding  any  inconsistent provision of any general, special, or
local law, no officer or employee of  the  state  or  of  any  political
subdivision  thereof  shall  forfeit  his or her office or employment by
reason of acceptance of appointment to the task force.
  4. The task force may request  from  any  department,  board,  bureau,
commission  or other agency of the state, and the same are authorized to
provide, such cooperation and assistance,  services  and  data  as  will
enable the task force properly to carry out its functions.
  S 6. 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.

A. 9185--A                          4

  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  7.  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 8. 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, EXCEPT CITIES WITH  A  POPULATION  OF
ONE  MILLION  OR  MORE,  AND  SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGU-
LATION, OR ORDINANCE REGULATING OR LICENSING SCRAP PROCESSORS AS DEFINED
IN THIS ARTICLE.
  S 9. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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