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

                                  1237

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced by Sens. THOMPSON, ONORATO, PERKINS -- 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 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, OR
OTHER PROOF OF AUTHORIZATION TO SELL SUCH ITEMS; (II) also  his  or  her
identity  as  verified  by a government issued identification card, 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, (III) his or her occupa-
tion  and  name  of his or her employer and place of employment or busi-
ness, 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 incorporated 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.  IT SHALL BE
UNLAWFUL FOR ANY SELLER TO REFUSE TO  FURNISH  SUCH  INFORMATION  OR  TO
FURNISH INCORRECT OR INCOMPLETE INFORMATION. The junk metal dealer shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04698-01-9
              

S. 1237                             2

also  make and retain a copy of the government issued photographic iden-
tification card used to verify the identity of the person from whom  the
junk  metal  was purchased and shall retain this copy 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  informa-
tion required to be transmitted to the chief of police or sheriff pursu-
ant to this section.
  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.

S. 1237                             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, 2010.
  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".

S. 1237                             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 OF THE PERSON TO WHOM  IT  IS
ISSUED, NOT INCLUDING A SOCIAL SECURITY ACCOUNT NUMBER CARD.
  S  7.  Section  69-h of the general business law is renumbered section
69-i and a new section 69-h is added to read as follows:
  S 69-H. PROHIBITION ON SALE  OF  CERTAIN  ITEMS.  NOTWITHSTANDING  ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
FUL TO SELL, OFFER FOR SALE, OR PURCHASE AS SCRAP, ANY OF THE FOLLOWING:
STREET SIGNS, 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 SCRAP, OF SUCH ITEMS BY A DULY AUTHORIZED
EMPLOYEE OR REPRESENTATIVE OF ANY GOVERNMENTAL ENTITY, UTILITY  COMPANY,
CEMETERY OR RAILROAD ACTING IN THEIR OFFICIAL CAPACITY.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.