NY State Assembly Bill 2009-A10947

Archive: Last Bill Status - In Assembly Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2010	reported referred to codes
May 04, 2010	referred to economic development

2009-A10947 (ACTIVE) - Details

See Senate Version of this Bill:: S6035
Current Committee:: Assembly Codes
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 & 69-j, Gen Bus L; amd §§155.00 & 155.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5883, S1779
2013-2014: A3564, S1531
2015-2016: A3349

2009-A10947 (ACTIVE) - Summary

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

2009-A10947 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10947

TITLE  OF BILL:   An act to amend the general business law and the penal
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  penal-
ties for scrap metal dealers and scrap metal sellers who engage in ille-
gal  transactions  in  violation  of these provisions; and (3) recognize
that when thieves who steal property from an owner cause damage  to  the
owner's  property, the value of the owner's loss includes both the prop-
erty taken and the incidental damage caused to the property.

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 iden-
tification card from the seller of scrap metals, and would require sell-
ers 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 to provide that if a salvage
dealer or his or her employee or agent has three or more convictions for
violating GBL §§ 62, 63 or 63-b in  a  10-year  period,  any  subsequent
conviction  shall be for a class E felony. It also provides that a sell-
er's violation of these provisions would be a  violation  subject  to  a
$100  fine,  unless the violation is intentional, in which case it would
be a misdemeanor.

Sections 5, 6 and 7 of the bill would make similar amendments to GBL
69-e, 69-g and 69-h to impose on scrap metal processors requirements for
a  government-issued  identification and record-keeping and prohibitions
on the sale of certain items. Section 7 also would add a new GBL § 69-j,
to provide that the provisions of Article 6-c would  preempt  any  local
law that directly conflicted with it, and that New York City's local law
50 of 2007, which prohibits the unauthorized pick up of recyclables left
at the curb, does not directly conflict with this article.

Sections  8  and 9 of the bill would add a new definition of "incidental
damage" to Penal Law § 155.00, to mean property damage, loss  of  income

and  loss  of profit, and would add a new definition of "value" to Penal
Law § 155.20, to provide that when property  is  stolen  and  incidental
damage caused to other property, the value of the theft is determined by
adding  both  the value of the property taken and the value of the inci-
dental damage.

Section 10 of the bill contains the effective date.

EXISTING LAW:

Under GBL Article 6, a salvage dealer must: (1) obtain and file  in  his
or  her  records  and with law enforcement officials, a statement from a
seller of scrap metals that contains certain information  regarding  the
identity  of  the  seller and the circumstances surrounding the seller's
acquisition of the metal; and (2) separately store purchased metals  for
five  days,  tagging the pile with information as to the identity of the
seller.  Any violation of the provisions in Article 6 by  a  dealer,  or
any false statement made in the seller's statement or on a dealer's tag,
is  a misdemeanor which, in addition to other penalties, could result in
the dealer losing his or her license.

GBL Article 6-c contains similar provisions  governing  transactions  by
scrap metal processors.

LEGISLATIVE HISTORY:

In  2008,  the  Legislature  passed similar legislation (S.4029-D (Volk-
er)/A.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  were  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.

This bill addresses this problem in several ways.

First, the bill would make amendments to GBL  §§  62,  63,  63-b,  69-e,
69-g,  and  69-h that more strictly regulate the procedures for the sale
of scrap metal to dealers and scrap processors, by  requiring  more  and
better information from sellers as to their identity and their authority

to sell the items to the scrap dealers. These provisions will assist law
enforcement in locating and prosecuting the seller in the event that the
metals are found to have been stolen.

Second,  the  bill  also  would  add new GBL §§ 63-b and 69-h, which are
identical to the provisions in A.4029-D/A.6250-D, to prohibit  the  sale
of  certain  types  of  metal  products, except by authorized employees.
These provisions will help dry up the illegal market for  certain  types
of  metals  that deserve special protection, such as street signs, ceme-
tery markers and government property.

Third, the bill would impose increased criminal penalties on scrap deal-
ers who repeatedly violate the provisions of GBL §§ 62,63  or  63-b.  As
under  current law, a first, second or third violation would be a misde-
meanor which, in addition to other penalties, could result in  the  loss
of  the  dealer's  license. For a fourth offense, the violation would be
punishable as a class E felony.

For sellers, a violation of GBL Article 6  would  be  a  misdemeanor  if
committed  intentionally and would otherwise be a violation. However, in
order to ensure that the thieves who steal  the  property  are  properly
punished  -  and to help deter future thefts criminal penalties would be
enhanced by amending the definition of "value" in the larceny statute to
include not only the value of the property taken, but also the value  of
the incidental damage caused by the theft. Thus, for example, if a thief
stole  pipes or wires from a construction site that were valued at $500,
but caused more than $500 damage to the site, he or she could be charged
with Grand Larceny in the Fourth Degree under  Penal  Law  §  155.30(1),
rather  than  Petit  Larceny,  because the value of the property exceeds
$1000. If the incidental damage exceeded  $2500,  he  or  she  could  be
charged with Grand Larceny in the Third Degree under Penal Law § 155.35.
As  has  been  recognized,  when such thefts occur, it is frequently the
case that the collateral damage caused to the structure far exceeds  the
actual  cost of the materials that are stolen. This bill would recognize
that consequence and appropriately punish, and deter, future thefts.

BUDGET IMPLICATIONS:

This bill would have no State fiscal impact.

EFFECTIVE DATE:

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

2009-A10947 (ACTIVE) - Bill Text download pdf

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

                                  10947

                          I N  A S S E M B L Y

                               May 4, 2010
                               ___________

Introduced by M. of A. PEOPLES-STOKES -- (at request of the Governor) --
  read  once  and referred to the Committee on Economic Development, Job
  Creation, Commerce and Industry

AN ACT to amend the general business law and the penal 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
register for two years from the date of purchase of the junk  metal  and
include  an  additional copy of this identification with the information

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

                                                           LBD12089-02-9

A. 10947                            2

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 INTENTIONAL, IN WHICH EVENT IT SHALL BE  A  MISDEMEA-
NOR.
  4.  But  nothing  [herein  contained]  IN  THIS SECTION shall apply to
cities of the first class.
  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

A. 10947                            3

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 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  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 REGU-
LATION OR LICENSING OF SCRAP PROCESSORS AS SET FORTH IN THIS ARTICLE.
  S 8. Section 155.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:

A. 10947                            4

  10. "INCIDENTAL DAMAGE" MEANS PROPERTY DAMAGE, LOSS OF INCOME OR  LOSS
OF PROFIT.
  S 9. Section 155.20 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5.  WHEN,  AS  A RESULT OF THE THEFT OF PROPERTY, INCIDENTAL DAMAGE IS
CAUSED TO OTHER PROPERTY OF AN OWNER, VALUE SHALL BE  THE  AGGREGATE  OF
THE  VALUE  OF  PROPERTY  TAKEN  AS SET FORTH IN SUBDIVISION ONE OF THIS
SECTION AND ANY INCIDENTAL DAMAGE CAUSED TO SUCH OTHER PROPERTY.
  S 10. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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Assembly Bill A10947

Sponsored By

Archive: Last Bill Status - In Assembly Committee

2009-A10947 (ACTIVE) - Details

2009-A10947 (ACTIVE) - Summary

2009-A10947 (ACTIVE) - Sponsor Memo

2009-A10947 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10947

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Sponsored By

PEOPLES-STOKES

Archive: Last Bill Status - In Assembly Committee

2009-A10947 (ACTIVE) - Details

2009-A10947 (ACTIVE) - Summary

2009-A10947 (ACTIVE) - Sponsor Memo

2009-A10947 (ACTIVE) - Bill Text download pdf

Comments