S T A T E   O F   N E W   Y O R K
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                                 3497--A
    Cal. No. 586

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the  Committee  on Consumer
  Protection -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the general business law, in relation to prohibiting the
  purchase of certain items as scrap

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 69-e of the general business law, as added by chap-
ter 431 of the laws of 1976, is amended to read as follows:
  S 69-e. Definitions. 1. "Scrap metal processing facility"  shall  mean
an establishment engaged primarily in the purchase, processing and ship-
ment  of  ferrous  and/or non-ferrous scrap, 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  2.  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
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09055-03-1

S. 3497--A                          2

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 3. 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 PURCHASE OF CERTAIN ITEMS. NOTWITHSTANDING ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
FUL FOR SCRAP PROCESSING FACILITIES TO PURCHASE  STREET  SIGNS,  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, REGULATION, OR
ORDINANCE REGARDING THE LICENSING OR REGULATION OF SCRAP PROCESSORS  AND
SCRAP  METAL  PROCESSING  FACILITIES;  PROVIDED, HOWEVER, THAT LOCAL LAW
NUMBER FIFTY OF THE CITY OF NEW YORK FOR THE  YEAR  TWO  THOUSAND  SEVEN
SHALL NOT BE DEEMED TO BE PREEMPTED BY THE PROVISIONS OF THIS ARTICLE.
  S 4. Section 69-i of the general business law, as added by chapter 431
of  the  laws of 1976 and as renumbered by section three of this act, is
amended to read as follows:
  S 69-i. Penalty. 1. [Each] A FIRST violation of  this  article  [by  a
scrap processor] shall be PUNISHABLE AS a violation subject to a fine of
not  more  than  two  [hundred] THOUSAND dollars[, unless such violation
shall be wilful, in which event it shall be a misdemeanor except, howev-
er, the scrap processor shall not be liable for any  violation  of  this
article  by a seller, his agent, or a purported seller or agent.] AND/OR
IMPRISONMENT FOR A TERM OF NOT MORE THAN FIFTEEN  DAYS.    A  SECOND  OR
SUBSEQUENT  VIOLATION OF THIS ARTICLE SHALL BE PUNISHABLE AS A MISDEMEA-
NOR SUBJECT TO A FINE OF NOT MORE  THAN  FIVE  THOUSAND  DOLLARS  AND/OR
IMPRISONMENT  FOR  A  TERM OF NOT MORE THAN ONE YEAR. A CONVICTION FOR A
THIRD VIOLATION OF THIS ARTICLE COMMITTED WITHIN A TEN YEAR PERIOD SHALL
BE PUNISHABLE AS A CLASS E FELONY.
  2. [Each violation of this article by a seller or his agent shall be a
misdemeanor.] IN ADDITION TO A TERM OF IMPRISONMENT, WHERE A PERSON  HAS
GAINED  MONEY OR PROPERTY THROUGH A VIOLATION OF THIS ARTICLE THE COURT,
UPON CONVICTION THEREOF, IN LIEU OF IMPOSING THE FINE AUTHORIZED FOR THE
OFFENSE UNDER SUBDIVISION ONE OF THIS SECTION MAY SENTENCE THE DEFENDANT
TO PAY AN AMOUNT, FIXED BY THE COURT, NOT EXCEEDING DOUBLE THE AMOUNT OF
THE DEFENDANT'S GAIN FROM THE COMMISSION OF THE OFFENSE.
  S 5.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.