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

                                  5685

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2013
                               ___________

Introduced by M. of A. REILICH, HAWLEY, BUTLER, McKEVITT, GRAF, NOJAY --
  read once and referred to the Committee on Economic Development

AN ACT to amend the general business law and the tax law, in relation to
  the sale of junk metal

  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.  On
purchasing  any  pig or pigs of metal, bronze or brass castings or parts
thereof, sprues or gates or parts thereof,  copper  wire  or  brass  car
journals,  or  metal  beer  kegs,  such  junk  dealer  shall cause to be
subscribed by the person from whom purchased a [statement as to] WRITTEN
MANIFEST DETAILING A DESCRIPTION OF THE GOODS, when[,]  AND  where  [and
from  whom]  he  or  she  obtained such property, [also] THE NAME OF THE
PERSON WHO SALVAGED THE PROPERTY AND THE NAME OF THE PERSON WHO  AUTHOR-
IZED THE SALVAGE, 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 infor-
mation from a government issued identification card,  if  any,  of  such
person,  and  otherwise  such  description as will reasonably locate the
same, his or her 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 incorporated  village,
and  otherwise in the office of the sheriff of the county in which made.
The junk metal dealer shall also make and retain a copy of  the  govern-
ment issued photographic identification 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 iden-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08820-01-3
              

A. 5685                             2

tification with the information required to be transmitted to the  chief
of police or sheriff pursuant to this section.
  S 2.  The general business law is amended by adding a new section 63-b
to read as follows:
  S  63-B. CASH SALES PROHIBITED. A JUNK DEALER SHALL NOT ENTER INTO ANY
CASH TRANSACTION FOR THE PURCHASE OF ANY JUNK METAL AS DEFINED IN SUBDI-
VISION ONE OF SECTION SIXTY OF THIS ARTICLE. PAYMENT BY  A  JUNK  DEALER
FOR  THE  PURCHASE  OF  JUNK  METAL SHALL BE MADE BY CHECK ISSUED TO THE
SELLER AND PAYABLE TO THE SELLER. EACH CHECK FOR PAYMENT SHALL BE MAILED
BY THE JUNK DEALER NO SOONER THAN ONE DAY AFTER THE PURCHASE TRANSACTION
DIRECTLY TO THE STREET ADDRESS OF  THE  SELLER.  PAYMENT  SHALL  NOT  BE
MAILED TO A POST OFFICE BOX.
  S  3.  Section 1105 of the tax law is amended by adding a new subdivi-
sion (g) to read as follows:
  (G) THE RECEIPTS FROM EVERY SALE OF JUNK METAL AS DEFINED BY  SUBDIVI-
SION ONE OF SECTION SIXTY OF THE GENERAL BUSINESS LAW.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.