senate Bill S1779B

2011-2012 Legislative Session

Provides for the lawful sale of scrap copper and other metals by junk dealers

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Jun 15, 2011 print number 1779b
amend and recommit to consumer protection
Jun 10, 2011 print number 1779a
amend (t) and recommit to consumer protection
Jan 12, 2011 referred to consumer protection

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1779 - Bill Details

See Assembly Version of this Bill:
A5883B
Current Committee:
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, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6035, A10947

S1779 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1779

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
penalties for scrap metal dealers and scrap metal sellers who engage
in illegal 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 property 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
identification card from the seller of scrap metals, and would
require sellers 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 seller'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 incidental 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
(Volker)/A.6250-D (Peoples)), which the Governor was constrained to
veto (Veto number 157 of 2008).

2009-10: S.6035 Referred to Consumer Protection; Reported to Codes

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, cemetery markers and government property.

Third, the bill would impose increased criminal penalties on scrap
dealers 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 misdemeanor 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.

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

                                  1779

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sen. 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07009-01-1

S. 1779                             2

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 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. 1779                             3

  S  69-e.  Definitions. 1. "Scrap metal processing facility" shall mean
an establishment engaged primarily in the purchase, processing and ship-
ment of ferrous and/or non-ferrous scrap, the end product  of  which  is
the  production  of raw material for remelting purposes for steel mills,
[foundaries] FOUNDRIES, smelters, refiners, and similar users.
  2.  "Scrap  processor" shall mean any person, association, partnership
or corporation operating  and  maintaining  a  "scrap  metal  processing
facility".
  3.  "GOVERNMENT  ISSUED  IDENTIFICATION"  MEANS  ANY CURRENT AND VALID
OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF  THE  UNITED
STATES  OF  AMERICA,  A STATE, TERRITORY, PROTECTORATE, OR DEPENDENCY OF
THE UNITED STATES OF AMERICA,  A  COUNTY,  MUNICIPALITY  OR  SUBDIVISION
THEREOF,  ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC EMPLOY-
ER, WHICH REQUIRES AND BEARS THE SIGNATURE AND PHOTOGRAPH OF THE  PERSON
TO WHOM IT IS ISSUED.
  S  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. 1779                             4

  S 8. Section 155.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  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.

S1779A - Bill Details

See Assembly Version of this Bill:
A5883B
Current Committee:
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, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6035, A10947

S1779A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1779A

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
penalties for scrap metal dealers and scrap metal sellers who engage
in illegal 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 property 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
identification card from the seller of scrap metals, and would
require sellers 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 seller'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 incidental 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
(Volker)/A.6250-D (Peoples)), which the Governor was constrained to
veto (Veto number 157 of 2008).

2009-10: S.6035 Referred to Consumer Protection; Reported to Codes

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, cemetery markers and government property.

Third, the bill would impose increased criminal penalties on scrap
dealers 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 misdemeanor 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.

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

                                 1779--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

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

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07009-03-1

S. 1779--A                          2

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. IT SHALL BE UNLAWFUL TO
SELL OR OFFER FOR SALE TO A JUNK DEALER OR FOR A JUNK DEALER TO PURCHASE
ANY OF THE FOLLOWING: STREET SIGNS, FUNERAL MARKERS, OR ANY  OTHER  JUNK
METAL  ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL ENTITY, UTILITY COMPA-
NY, CEMETERY OR RAILROAD. THIS SECTION SHALL  NOT  APPLY  TO  THE  SALE,
OFFER  FOR  SALE  OR  PURCHASE  AS  JUNK,  OF ITEMS BY A DULY AUTHORIZED
EMPLOYEE OR REPRESENTATIVE OF ANY GOVERNMENTAL ENTITY, UTILITY  COMPANY,
CEMETERY  OR  RAILROAD  ACTING  IN THEIR OFFICIAL CAPACITY. THIS SECTION
SHALL NOT APPLY TO THE SALE, OFFER FOR SALE TO A JUNK DEALER  OR  FOR  A
JUNK  DEALER  TO  PURCHASE  FUNERAL MARKERS BY OR FROM A DULY AUTHORIZED
EMPLOYEE OR REPRESENTATIVE OF A MANUFACTURER OF FUNERAL MARKERS.
  S 4. Section 64 of the general business law  is  amended  to  read  as
follows:
  S  64.  Penalty. 1. Each violation of this article, either by the junk
dealer, the agent or servant thereof, [and each false statement made  in
or  on  any statement or tag above mentioned] shall be a misdemeanor and
the person convicted shall, in  addition  to  other  penalties  imposed,
forfeit his OR HER license to do business. [But nothing herein contained
shall apply to cities of the first class.]
  2.  IN  ADDITION  TO  A  TERM OF IMPRISONMENT, IN THE EVEN THAT A JUNK
DEALER, AGENT OR SERVANT THEREOF HAS BEEN CONVICTED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION AND HAS GAINED  MONEY  OR  PROPERTY  THROUGH  A
VIOLATION  OF  THIS  ARTICLE, THE COURT UPON CONVICTION MAY SENTENCE THE
DEFENDANT TO PAY AN AMOUNT, TO BE FIXED  BY  THE  COURT,  NOT  EXCEEDING
DOUBLE  THE  AMOUNT  OF  THE DEFENDANT'S GAIN FROM THE COMMISSION OF THE
OFFENSE.

S. 1779--A                          3

  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
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 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,  FUNERAL  MARKERS,  OR ANY OTHER JUNK METAL ITEMS BEARING
MARKINGS OF ANY GOVERNMENTAL ENTITY, UTILITY COMPANY, CEMETERY OR  RAIL-
ROAD UNLESS SUCH ITEMS ARE OFFERED FOR SALE BY A DULY AUTHORIZED EMPLOY-
EE  OR  AGENT  OF  ANY GOVERNMENTAL ENTITY, UTILITY COMPANY, CEMETERY OR
RAILROAD. THIS SECTION SHALL NOT APPLY TO THE SALE, OFFER  FOR  SALE  TO
SCRAP  PROCESSOR OR FOR A SCRAP PROCESSOR TO PURCHASE FUNERAL MARKERS BY
OR FROM A DULY AUTHORIZED EMPLOYEE OR REPRESENTATIVE OF  A  MANUFACTURER
OF FUNERAL MARKERS.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.

S1779B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5883B
Current Committee:
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, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6035, A10947

S1779B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1779B

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

PURPOSE OF BILL:
This bill would: (1) impose stricter regulations on
salvage dealers and scrap metal processors who purchase scrap metals;
(2) amend the penalties for scrap metal dealers and scram metal
sellers who engage in illegal transactions in violation of these
provisions; and (3) increase the monetary damages levied against
defendants convicted of these offenses.

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 identification card from the seller of scrap
metals, and would require sellers 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 Penalties. 1. Each
violation of this article, either by the junk dealer, the agent or
servant thereof, shall be a misdemeanor and the person convicted
shall in addition to other penalties imposed, forfeit his or her
license to do business.

In addition to a term of imprisonment, where any junk dealer, agent or
servant thereof has been convicted pursuant to section one of this
subsection provided further that the junk dealer, agent or servant
thereof has gained money or property through a violation of this
article the court, upon conviction thereof may sentence the defendant
to pay an amount. fixed by the court not exceeding double the amount
of the defendants gain from the commission of the offense.

LEGISLATIVE HISTORY:
In 2008, the Legislature passed similar
legislation (S.4023-D (Volker/B.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 area 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.

BUDGET IMPLICATIONS:
This bill would have no fiscal impact.

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

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

                                 1779--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07009-07-1

S. 1779--B                          2

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. IT SHALL BE UNLAWFUL  TO
SELL OR OFFER FOR SALE TO A JUNK DEALER OR FOR A JUNK DEALER TO PURCHASE
ANY  OF  THE FOLLOWING: STREET SIGNS, FUNERAL MARKERS, OR ANY OTHER JUNK
METAL ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL ENTITY, UTILITY  COMPA-
NY,  CEMETERY  OR  RAILROAD.  THIS  SECTION SHALL NOT APPLY TO THE SALE,
OFFER FOR SALE OR PURCHASE AS  JUNK,  OF  ITEMS  BY  A  DULY  AUTHORIZED
EMPLOYEE  OR REPRESENTATIVE OF ANY GOVERNMENTAL ENTITY, UTILITY COMPANY,
CEMETERY OR RAILROAD ACTING IN THEIR  OFFICIAL  CAPACITY.  THIS  SECTION
SHALL  NOT  APPLY  TO THE SALE, OFFER FOR SALE TO A JUNK DEALER OR FOR A
JUNK DEALER TO PURCHASE FUNERAL MARKERS BY OR  FROM  A  DULY  AUTHORIZED
EMPLOYEE OR REPRESENTATIVE OF A MANUFACTURER OF FUNERAL MARKERS.
  S  4.  Section  64  of  the general business law is amended to read as
follows:
  S 64. Penalty. 1. Each violation of this article, either by  the  junk
dealer,  the  agent or servant thereof, and each false statement made in
or on any statement or tag above mentioned shall be  a  misdemeanor  and
the  person  convicted  shall[, in] BE SUBJECT TO A TERM OF IMPRISONMENT
NOT TO EXCEED ONE YEAR OR BE ORDERED TO PAY A  FINE  NOT  EXCEEDING  ONE
THOUSAND  DOLLARS  OR  BOTH  SUCH  FINE AND IMPRISONMENT. IN addition to
other penalties imposed, SUCH JUNK  DEALER,  AGENT  OR  SERVANT  THEREOF
SHALL  forfeit  his  OR  HER  license to do business. But nothing herein
contained shall apply to cities of the first class.
  2. IN ADDITION TO A PENALTY IMPOSED PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION, IN THE EVENT THAT A JUNK DEALER, AGENT OR SERVANT THEREOF
HAS GAINED MONEY OR PROPERTY AS A RESULT OF A VIOLATION OF THIS ARTICLE,
THE COURT UPON CONVICTION MAY SENTENCE THE DEFENDANT TO PAY  AN  AMOUNT,
TO BE FIXED BY THE COURT, NOT EXCEEDING DOUBLE THE AMOUNT OF THE DEFEND-
ANT'S GAIN FROM THE COMMISSION OF THE OFFENSE.

S. 1779--B                          3

  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
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 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,  FUNERAL  MARKERS,  OR ANY OTHER JUNK METAL ITEMS BEARING
MARKINGS OF ANY GOVERNMENTAL ENTITY, UTILITY COMPANY, CEMETERY OR  RAIL-
ROAD UNLESS SUCH ITEMS ARE OFFERED FOR SALE BY A DULY AUTHORIZED EMPLOY-
EE  OR  AGENT  OF  ANY GOVERNMENTAL ENTITY, UTILITY COMPANY, CEMETERY OR
RAILROAD. THIS SECTION SHALL NOT APPLY TO THE SALE, OFFER  FOR  SALE  TO
SCRAP  PROCESSOR OR FOR A SCRAP PROCESSOR TO PURCHASE FUNERAL MARKERS BY
OR FROM A DULY AUTHORIZED EMPLOYEE OR REPRESENTATIVE OF  A  MANUFACTURER
OF FUNERAL MARKERS.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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