senate Bill S1591B

2013-2014 Legislative Session

Prohibits the sale or purchase of certain items as scrap

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 16, 2014 referred to economic development
delivered to assembly
passed senate
ordered to third reading cal.1374
committee discharged and committed to rules
Jan 23, 2014 print number 1591c
amend and recommit to finance
Jan 22, 2014 reported and committed to finance
Jan 09, 2014 print number 1591b
amend and recommit to consumer protection
Jan 08, 2014 referred to consumer protection
returned to senate
died in assembly
Jun 20, 2013 referred to economic development
delivered to assembly
passed senate
Jun 18, 2013 ordered to third reading cal.1422
committee discharged and committed to rules
Jun 17, 2013 print number 1591a
amend (t) and recommit to finance
Jun 05, 2013 reported and committed to finance
Jan 09, 2013 referred to consumer protection

Votes

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Jun 16, 2014 - Rules committee Vote

S1591C
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

Jan 22, 2014 - Consumer Protection committee Vote

S1591B
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jan 22, 2014

aye wr (1)

Jun 18, 2013 - Rules committee Vote

S1591A
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 5, 2013 - Consumer Protection committee Vote

S1591
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 5, 2013

aye wr (2)

Bill Amendments

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

Co-Sponsors

S1591 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§69-e, 69-f, 69-g & 69-i, ren §69-h to be §69-i, add §§69-h & 69-j, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6971A

S1591 - Bill Texts

view summary

Prohibits the sale or purchase of certain items as scrap: street signs, funeral markers, government entity, utility, cemetery or railroad items; preempts local laws.

view sponsor memo
BILL NUMBER:S1591

TITLE OF BILL:
An act
to amend the general business law, in relation to prohibiting the
purchase of certain items as scrap

PURPOSE: To prohibit the sale or purchase of certain
items as scrap by
creating a scrap processor registration system.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates
certain definitions
for this act.

Section 2. Talks about a registration for scrap processors in New
York. This section lays out specific requirements that a scrap
processor must meet in order to qualify for a scrap processor
registration while delineating out the application Process.

Section 3 lays out specifics related to scrap processing facilities,
including the need for an electronic video recording system at all
scales and al all points of sale locations.

Section 4 Prohibits the sale of certain items as scrap and allows for
preemption of local laws outside of NYC.

Section 5 Allows for penalties for violations of this article.

Section 6 is the effective date.

JUSTIFICATION:
Scrap theft is a very real and ever growing crime
certain items should not be sold as scrap as they are only attainable
through illegal means. This legislation clarifies what some of these
items are and increases penalties to a level more reflective of the
crime. It is crucially important to deter individuals from partaking
in this illegal activity, and one of the most effective ways is by
creating a significant punitive disincentive to partake in these
activities.

By creating a registration process with enhanced safeguards we are
taking a step in the prevention of this crime.

PRIOR LEGISLATIVE HISTORY: S. 6571A Passed Senate in
2012

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This bill shall take effect on the
190th day.

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

                                  1591

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- 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 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.    "PLASTIC BULK MERCHANDISE CONTAINER" SHALL MEAN A PLASTIC CRATE,
PALLET, OR SHELL USED BY A PRODUCT, PRODUCER, DISTRIBUTOR,  OR  RETAILER
FOR  THE  BULK  TRANSPORT  OR  STORAGE OF RETAILER CONTAINERS OF BOTTLED
BEVERAGES.
  4. "GOVERNMENT ISSUED IDENTIFICATION" SHALL MEAN 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.
  5.  "DEPARTMENT" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04812-01-3

S. 1591                             2

  S  2.    Section 69-f of the general business law, as added by chapter
431 of the laws of 1976, is amended to read as follows:
  S  69-f.  License  AND REGISTRATION.   1. It shall be unlawful for any
person, association, partnership or corporation to engage in business as
a scrap processor unless such scrap processor shall have  complied  with
the  provisions of this article and obtained a license to do so from the
mayor of the city, if the place of business of such scrap  processor  is
in a city, or the mayor of the village if the place of business is in an
incorporated village, otherwise from the supervisor of the town in which
such  place  of  business is located, or from the licensing authority of
any such municipality; for which license shall be  paid  such  mayor  or
supervisor  or licensing authority for the use of such city, village, or
town the sum of seventy-five dollars if such place of  business  is  the
principal  place  of  business  of  such  scrap processor in this state,
otherwise the sum of fifty dollars, which license shall expire  on  June
thirtieth of each year.
  2.  ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, NO PERSON, FIRM OR
CORPORATION SHALL HOLD HIMSELF, HERSELF OR ITSELF  OUT  TO  BE  A  SCRAP
PROCESSOR  IN  NEW YORK STATE WITHOUT FIRST REGISTERING WITH THE DEPART-
MENT AS PROVIDED IN THIS SECTION.
  3. ANY PERSON, FIRM OR CORPORATION SEEKING A CERTIFICATE OF  REGISTRA-
TION  AS A SCRAP PROCESSOR SHALL FILE WITH THE DEPARTMENT AN APPLICATION
FOR REGISTRATION IN  SUCH  FORM  AND  DETAIL  AS  THE  DEPARTMENT  SHALL
PRESCRIBE, INCLUDING THE FOLLOWING:
  (A) THE NAME AND RESIDENCE ADDRESS OF THE APPLICANT;
  (B) THE BUSINESS NAME, IF OTHER THAN THE APPLICANT;
  (C)  THE  PLACE,  INCLUDING THE CITY, TOWN OR VILLAGE, WITH THE STREET
AND NUMBER, WHERE THE BUSINESS IS TO BE LOCATED;
  (D) THE BUSINESS TELEPHONE NUMBER OF THE APPLICANT;
  (E) A STATEMENT INDICATING WHETHER THE APPLICANT HAS:
  (I) BEEN CONVICTED OF ANY CRIME RELATING TO WORK AS A SCRAP PROCESSOR;
AND
  (II) AT ANY TIME IN THE PAST BEEN ISSUED A  REGISTRATION  PURSUANT  TO
THIS  SECTION,  AND IF SO, WHETHER SUCH REGISTRATION WAS EVER REVOKED OR
SUSPENDED;
  (F) A CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS  IN  COMPLI-
ANCE  WITH THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION;
  (G) A CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS  IN  COMPLI-
ANCE WITH THE RECORD KEEPING REQUIREMENTS SET FORTH IN THIS ARTICLE;
  (H)  A SWORN STATEMENT BY THE APPLICANT THAT THE INFORMATION SET FORTH
IN THE APPLICATION IS CURRENT AND ACCURATE; AND
  (I) A COMPLETE SET OF TWO FINGERPRINT CARDS  FOR  EACH  PRINCIPAL  AND
OFFICER  OF THE APPLICANT ON A STANDARD FINGERPRINT CARD APPROVED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH CARDS SHALL BE  RETAINED  BY
THE DEPARTMENT AND USED SOLELY FOR THE PURPOSE OF CONDUCTING AN INVESTI-
GATION  PURSUANT  TO  SUBDIVISION  TWELVE OF THIS SECTION. IF ADDITIONAL
COPIES OF FINGERPRINTS ARE REQUIRED THE  APPLICANT  SHALL  FURNISH  THEM
UPON REQUEST.
  4. IN DETERMINING WHETHER TO ISSUE OR RENEW A REGISTRATION, THE SECRE-
TARY  OF  STATE  MAY CONSIDER THE CHARACTER, COMPETENCY AND INTEGRITY OF
THE APPLICANT.
  5. THE SECRETARY OF STATE MAY REFUSE TO ISSUE A  REGISTRATION  TO  ANY
PERSON,  FIRM  OR CORPORATION WHOM HE OR SHE FINDS HAS BEEN CONVICTED OF
ANY CRIME OR FAILED TO PAY ANY FINAL CIVIL JUDGMENT RELATING TO WORK  AS

S. 1591                             3

A  SCRAP  PROCESSOR, IF SUCH REFUSAL WILL, IN THE JUDGMENT OF THE SECRE-
TARY OF STATE, BEST PROMOTE THE INTERESTS OF THE PEOPLE OF THIS STATE.
  6.  (A)  A REGISTRATION ISSUED OR RENEWED UNDER THE PROVISIONS OF THIS
SECTION SHALL ENTITLE A PERSON TO ACT AS A REGISTERED SCRAP PROCESSOR IN
THE STATE OF NEW YORK FOR A PERIOD OF TWO YEARS FROM THE EFFECTIVE  DATE
OF  THE REGISTRATION. ANY REGISTRATION GRANTED UNDER THIS SECTION MAY BE
RENEWED BY THE DEPARTMENT UPON APPLICATION FOR SUCH RENEWAL BY THE HOLD-
ER THEREOF, IN SUCH FORM AS THE DEPARTMENT MAY PRESCRIBE.
  (B) UPON ORIGINAL APPLICATION FOR A LICENSE  TO  OPERATE  AS  A  SCRAP
PROCESSOR, THE APPLICANT SHALL PAY AN APPLICATION FEE, IN SUCH AMOUNT AS
MAY  BE DETERMINED BY THE SECRETARY, NOT TO EXCEED ONE THOUSAND DOLLARS.
UPON APPLICATION FOR A LICENSE RENEWAL, THE LICENSEE SHALL PAY A RENEWAL
PROCESSING FEE IN SUCH AMOUNT AS SHALL BE DETERMINED BY  THE  SECRETARY,
NOT TO EXCEED ONE THOUSAND DOLLARS.
  (C)  THE  SECRETARY  OF STATE SHALL HAVE THE AUTHORITY TO ASSIGN STAG-
GERED EXPIRATION DATES FOR REGISTRATIONS AT THE TIME OF RENEWAL. IF  THE
ASSIGNED  DATE  RESULTS  IN  A TERM THAT EXCEEDS TWENTY-FOUR MONTHS, THE
APPLICANT SHALL PAY AN ADDITIONAL PRORATED ADJUSTMENT TOGETHER WITH  THE
REGULAR RENEWAL FEE.
  (D)  THE  SECRETARY OF STATE SHALL ISSUE EACH SCRAP PROCESSOR A UNIQUE
REGISTRATION NUMBER.
  7. (A) NOTICE IN WRITING IN THE MANNER  AND  FORM  PRESCRIBED  BY  THE
DEPARTMENT  SHALL  BE  GIVEN  TO THE DEPARTMENT AT ITS OFFICES IN ALBANY
WITHIN TEN DAYS OF CHANGES OF NAME OR  ADDRESS  BY  A  REGISTERED  SCRAP
PROCESSOR.
  (B)  IN  THE  CASE OF LOSS, DESTRUCTION OR DAMAGE, THE DEPARTMENT MAY,
UPON SUBMISSION OF A REQUEST IN SUCH FORM AND MANNER AS  THE  DEPARTMENT
MAY  PRESCRIBE,  ISSUE A DUPLICATE REGISTRATION UPON PAYMENT OF A FEE OF
ONE HUNDRED DOLLARS.
  8. THE FEES ESTABLISHED BY THIS SECTION SHALL NOT BE REFUNDABLE.
  9. EACH SCRAP PROCESSOR SHALL EXHIBIT HIS OR HER REGISTRATION  CERTIF-
ICATE PRESCRIBED BY THIS ARTICLE AT HIS OR HER PLACE OF BUSINESS.
  10. NO PERSON, FIRM OR CORPORATION SHALL:
  (A) PRESENT, OR ATTEMPT TO PRESENT, AS HIS, HER OR ITS OWN, THE REGIS-
TRATION OF ANOTHER;
  (B)  KNOWINGLY GIVE FALSE EVIDENCE OF A MATERIAL NATURE TO THE DEPART-
MENT FOR THE PURPOSE OF PROCURING A REGISTRATION; OR
  (C) FALSELY REPRESENT THEMSELVES TO BE A REGISTERED SCRAP PROCESSOR.
  11. REGISTRATIONS ISSUED TO SCRAP PROCESSORS SHALL NOT BE TRANSFERABLE
OR ASSIGNABLE.
  12. (A) THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES  AND  REGU-
LATIONS AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTI-
CLE,  AND  SHALL  PROVIDE WRITTEN NOTIFICATION OF THE PROVISIONS OF THIS
ARTICLE TO ALL SCRAP PROCESSORS REGISTERED PURSUANT TO THIS ARTICLE.
  (B) THE SECRETARY OF  STATE  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON THE
SECRETARY'S  INITIATIVE,  TO  INVESTIGATE  ANY  VIOLATION  THEREOF OR TO
INVESTIGATE THE BUSINESS, BUSINESS PRACTICES AND BUSINESS METHODS OF ANY
PERSON, FIRM, LIMITED  LIABILITY  COMPANY,  PARTNERSHIP  OR  CORPORATION
APPLYING  FOR  OR HOLDING A REGISTRATION AS A SCRAP PROCESSOR, IF IN THE
OPINION OF THE SECRETARY OF STATE SUCH INVESTIGATION IS WARRANTED.  EACH
SUCH  APPLICANT OR REGISTRANT SHALL BE OBLIGED, ON REQUEST OF THE SECRE-
TARY OF STATE, TO SUPPLY SUCH INFORMATION, BOOKS, PAPERS OR  RECORDS  AS
MAY  BE  REQUIRED CONCERNING HIS, HER OR ITS BUSINESS PRACTICES OR BUSI-
NESS METHODS. FAILURE TO COMPLY WITH A LAWFUL REQUEST OF  THE  SECRETARY
SHALL  BE A GROUND FOR DENYING AN APPLICATION FOR A REGISTRATION, OR FOR

S. 1591                             4

REVOKING, SUSPENDING, OR NOT RENEWING A REGISTRATION ISSUED  UNDER  THIS
ARTICLE.
  (C)  THE  DEPARTMENT  SHALL  HAVE  THE  POWER TO REVOKE OR SUSPEND ANY
REGISTRATION, OR DENY AN APPLICATION FOR A REGISTRATION OR RENEWAL THER-
EOF UPON PROOF:
  (I)  THAT  THE  APPLICANT  OR  REGISTRANT  HAS  VIOLATED  ANY  OF  THE
PROVISIONS  OF  THIS  ARTICLE  OR  THE RULES AND REGULATIONS PROMULGATED
PURSUANT TO THIS ARTICLE; OR
  (II) THAT THE APPLICANT OR REGISTRANT HAS MADE A MATERIAL MISSTATEMENT
IN THE APPLICATION FOR OR RENEWAL OF HIS, HER OR ITS REGISTRATION.
  13. THE DEPARTMENT SHALL, BEFORE DENYING AN APPLICATION FOR  A  REGIS-
TRATION  NOTIFY  IN  WRITING  THE  APPLICANT  FOR, OR THE HOLDER OF SUCH
REGISTRATION OF ANY CHARGE MADE  AND  SHALL  AFFORD  SUCH  APPLICANT  OR
REGISTRANT  AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN REFER-
ENCE THERETO. SUCH WRITTEN NOTICE MAY BE  SERVED  BY  DELIVERY  OF  SAME
PERSONALLY  TO THE APPLICANT OR REGISTRANT, OR BY MAILING SAME BY REGIS-
TERED MAIL TO THE LAST KNOWN  BUSINESS  ADDRESS  OF  SUCH  APPLICANT  OR
REGISTRANT.
  14. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
DEPARTMENT  SHALL  PRESCRIBE  AND  SHALL BE CONDUCTED BY SUCH OFFICER OR
PERSON IN THE DEPARTMENT AS THE SECRETARY OF STATE  MAY  DESIGNATE,  WHO
SHALL  HAVE THE POWER TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON
SO DESIGNATED ANY PERSON IN THIS STATE, AND ADMINISTER AN  OATH  TO  AND
TAKE TESTIMONY OF ANY PERSON OR CAUSE HIS OR HER DEPOSITION TO BE TAKEN.
A  SUBPOENA  ISSUED  UNDER  THIS  SECTION SHALL BE GOVERNED BY THE CIVIL
PRACTICE LAW AND RULES.
  15. IN THE EVENT THAT THE DEPARTMENT SHALL DENY THE  APPLICATION  FOR,
OR  REVOKE  OR SUSPEND ANY SUCH REGISTRATION, ITS DETERMINATION SHALL BE
IN WRITING AND OFFICIALLY SIGNED. THE ORIGINAL OF  SUCH  DETERMINATIONS,
WHEN  SO  SIGNED,  SHALL  BE  FILED  IN THE OFFICE OF THE DEPARTMENT AND
COPIES THEREOF SHALL BE MAILED TO THE APPLICANT OR REGISTRANT AND TO THE
COMPLAINANT WITHIN TWO DAYS AFTER SUCH FILING.
  16. THE ACTION OF THE DEPARTMENT IN GRANTING OR REFUSING TO  GRANT  OR
TO  RENEW A REGISTRATION UNDER THIS ARTICLE OR IN REVOKING OR SUSPENDING
OR REFUSING TO REVOKE OR SUSPEND SUCH A REGISTRATION SHALL BE SUBJECT TO
REVIEW BY A PROCEEDING INSTITUTED UNDER  ARTICLE  SEVENTY-EIGHT  OF  THE
CIVIL PRACTICE LAW AND RULES.
  17. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL REGIS-
TERED  SCRAP  PROCESSORS,  WHICH  SHALL LIST AND IDENTIFY ON A COUNTY BY
COUNTY BASIS, ALL REGISTERED SCRAP PROCESSORS  DOING  BUSINESS  IN  THIS
STATE.  THE DEPARTMENT SHALL MAKE THE REGISTRY AVAILABLE ON ITS WEBSITE.
COPIES OF THE ROSTER SHALL BE MADE AVAILABLE UPON REQUEST AND PAYMENT OF
A FEE TO BE DETERMINED BY THE SECRETARY OF STATE  AND  APPROVED  BY  THE
DIRECTOR OF THE DIVISION OF THE BUDGET.
  S  3.    Subdivision 1 of section 69-g of the general business law, as
amended by chapter 302 of the laws of 2007, is amended and a new  subdi-
vision 3 is added 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  BUSINESS
address  [by street, number, city, village or town, the driver's license
number or information from a government issued photographic  identifica-

S. 1591                             5

tion  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 OR HER agent. It shall be unlawful for any
seller to refuse to furnish such information or to furnish incorrect  or
incomplete  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.
  3.  BY  NO  LATER THAN APRIL FIFTEENTH, TWO THOUSAND FOURTEEN, A SCRAP
PROCESSOR SHALL INSTALL AND MAINTAIN  IN  WORKING  ORDER  AN  ELECTRONIC
VIDEO  RECORDING  SYSTEM AT ALL SCALES AND AT ALL POINTS OF SALE LOCATED
ON THE PREMISES OF  THE  SCRAP  PROCESSING  FACILITY.  ELECTRONIC  VIDEO
RECORDS  SHALL BE MAINTAINED IN AN ELECTRONIC ARCHIVE FOR A PERIOD OF NO
LESS THAN SIXTY DAYS FROM THE DATE WHEN SUCH ELECTRONIC VIDEO RECORD WAS
MADE.
  S 4. 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 METAL ITEMS BEAR-
ING 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  SUCH  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 WHICH SEEKS TO REGULATE THE PURCHASE OF SCRAP  MATERIAL  BY  A
SCRAP  PROCESSOR;  EXCEPT 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 5. Section 69-i of the general business law, as added by chapter 431
of the laws of 1976 and as renumbered by section four 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 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, however, 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 A MISDEMEANOR SUBJECT TO A FINE OF
NOT MORE THAN FIVE THOUSAND DOLLARS AND/OR IMPRISONMENT FOR  A  TERM  OF
NOT MORE THAN ONE YEAR.
  2. [Each violation of this article by a seller or his agent shall be a
misdemeanor.]  ALTERNATIVE FINE.  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 MAY SENTENCE THE DEFENDANT TO PAY AN AMOUNT
NOT EXCEEDING DOUBLE THE AMOUNT OF THE DEFENDANT'S GAIN FROM THE COMMIS-
SION OF THE OFFENSE.
  S 6.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

Co-Sponsors

S1591A - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§69-e, 69-f, 69-g & 69-i, ren §69-h to be §69-i, add §§69-h & 69-j, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6971A

S1591A - Bill Texts

view summary

Prohibits the sale or purchase of certain items as scrap: street signs, funeral markers, government entity, utility, cemetery or railroad items; preempts local laws.

view sponsor memo
BILL NUMBER:S1591A

TITLE OF BILL: An act to amend the general business law, in relation
to licensing of scrap producers in the state and certain cities

PURPOSE: To prohibit the sale or purchase of certain items as scrap by
creating a scrap processor registration system.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates certain definitions
for this act.

Section 2. Talks about a registration for scrap processors in Hew
York. This section lays out specific requirements that a scrap
processor must meet in order to qualify for a scrap processor
registration while delineating out the application process.

Section 3 lays out specifics related to scrap processing facilities,
including the need for an electronic video recording system at all
scales and al all points of sale locations.

Section 5 Prohibits the sale of certain items as scrap and allows for
preemption of local laws outside of NYC.

Section 5 Allows for penalties for violations of this article.

Section 6 is the effective date.

JUSTIFICATION: Scrap theft is a very real and ever growing crime
certain items should not be sold as scrap as they are only attainable
through illegal means. This legislation clarifies what some of these
items are and increases penalties to a level more reflective of the
crime. It is crucially important to deter individuals from partaking
in this illegal activity, and one of the most effective ways is by
creating a significant punitive disincentive to partake in these
activities.

By creating a registration process with enhanced safeguards we are
taking a step in the Prevention of this crime.

PRIOR LEGISLATIVE HISTORY: S. 6971A Passed Senate in 2012

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This bill shall take effect on the 180th day.

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

                                 1591--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 and committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation  to  licensing  of
  scrap producers in the state and certain cities

  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 METAL, the end product of which
is  the  production  of  raw material [for remelting purposes] for steel
mills, [foundaries] FOUNDRIES, smelters, refiners,  and  similar  users,
BUT  SHALL  NOT  INCLUDE  A  REDEMPTION CENTER, DEALER OR DISTRIBUTOR AS
DEFINED IN SECTION 27-1003 OF THE ENVIRONMENTAL CONSERVATION LAW  OR  AN
ELECTRONIC  WASTE  COLLECTION,  CONSOLIDATION  OR  RECYCLING FACILITY AS
DEFINED IN SECTION 27-2601 OF THE ENVIRONMENTAL CONSERVATION LAW.
  2. "Scrap processor" shall mean any person,  association,  partnership
or  corporation  operating  and  maintaining  a  "scrap metal processing
facility".
  3. "GOVERNMENT ISSUED  PHOTOGRAPHIC  IDENTIFICATION"  SHALL  MEAN  ANY
CURRENT  AND VALID OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERN-
MENT 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  AND  PHOTOGRAPH
OF THE PERSON TO WHOM IT IS ISSUED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04812-04-3

S. 1591--A                          2

  4. "DEPARTMENT" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF STATE.
  S  2.    Section 69-f of the general business law, as added by chapter
431 of the laws of 1976, is amended to read as follows:
  S 69-f. License.  1. It shall be unlawful for any person, association,
partnership or corporation to engage in business as  a  scrap  processor
unless  such  scrap processor shall have complied with the provisions of
this article and obtained a license to do so  from  [the  mayor  of  the
city,  if the place of business of such scrap processor is in a city, or
the mayor of the village if the place of business is in an  incorporated
village,  otherwise  from the supervisor of the town in which such place
of business is located, or from] the licensing authority  AS  DESIGNATED
BY A DULY ADOPTED LOCAL LAW of [any such] THE municipality IN WHICH SUCH
SCRAP  PROCESSOR IS LOCATED; for which license shall be paid [such mayor
or supervisor or licensing authority for the use of such city,  village,
or town the sum of seventy-five dollars if such place of business is the
principal  place  of  business  of  such  scrap processor in this state,
otherwise the sum of fifty dollars, which license shall expire  on  June
thirtieth  of each year] AN ANNUAL LICENSE FEE NOT TO EXCEED TWO HUNDRED
FIFTY DOLLARS.
  2. ON OR AFTER SEPTEMBER FIRST,  TWO  THOUSAND  FOURTEEN,  NO  PERSON,
ASSOCIATION,  PARTNERSHIP  OR CORPORATION SHALL HOLD HIMSELF, HERSELF OR
ITSELF OUT TO BE A SCRAP PROCESSOR  IN  NEW  YORK  STATE  WITHOUT  FIRST
REGISTERING WITH THE DEPARTMENT AS PROVIDED IN THIS SECTION.
  3.  ANY  PERSON,  ASSOCIATION,  PARTNERSHIP  OR  CORPORATION SEEKING A
LICENSE AS A SCRAP PROCESSOR SHALL FILE WITH THE  DEPARTMENT  A  LICENSE
APPLICATION WHICH SHALL INCLUDE THE FOLLOWING INFORMATION:
  (A) THE BUSINESS NAME AND ADDRESS OF THE APPLICANT;
  (B) THE NAMES OF THE APPLICANT'S OFFICERS, DIRECTORS, AND HIGH MANAGE-
RIAL AGENTS AS SUCH TERM IS DEFINED IN SECTION 20.20 OF THE PENAL LAW;
  (C) THE BUSINESS TELEPHONE NUMBER OF THE APPLICANT;
  (D)  THE  ADDRESS OF THE SCRAP PROCESSING FACILITY FOR WHICH A LICENSE
IS SOUGHT;
  (E) A STATEMENT INDICATING WHETHER THE APPLICANT OR ANY PERSON IDENTI-
FIED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION HAS:
  (I) BEEN CONVICTED OF ANY CRIME RELATING TO CONDUCT AS A SCRAP PROCES-
SOR; AND
  (II) AT ANY TIME IN THE PAST BEEN ISSUED A LICENSE  PURSUANT  TO  THIS
SECTION, AND IF SO, WHETHER SUCH LICENSE WAS EVER REVOKED OR SUSPENDED;
  (F)  A  CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS IN COMPLI-
ANCE WITH THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF  ENVIRONMENTAL
CONSERVATION;
  (G)  A  COPY OF (I) THE APPLICANT'S EPA REFRIGERANT RECOVERY EQUIPMENT
ACQUISITION CERTIFICATION FORM CERTIFYING THAT THE PROSPECTIVE  LICENSEE
OWNS  APPROVED  REFRIGERANT REMOVAL EQUIPMENT, OR (II) A COPY OF A VALID
CONTRACT BETWEEN THE  APPLICANT  AND  A  CERTIFIED  REFRIGERANT  REMOVAL
CONTRACTOR.
  (H)  A  CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS IN COMPLI-
ANCE WITH REQUIREMENTS OF SECTION SIXTY-NINE-G OF THIS ARTICLE;
  (I) A SWORN STATEMENT BY THE APPLICANT THAT THE INFORMATION SET  FORTH
IN THE APPLICATION IS CURRENT AND ACCURATE; AND
  (J)  A COMPLETE SET OF TWO FINGERPRINT CARDS FOR EACH OFFICER AND HIGH
MANAGERIAL AGENT  OF  THE  APPLICANT  ON  A  STANDARD  FINGERPRINT  CARD
APPROVED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH CARDS SHALL
BE RETAINED BY THE  DEPARTMENT  AND  USED  SOLELY  FOR  THE  PURPOSE  OF
CONDUCTING AN INVESTIGATION PURSUANT TO SUBDIVISION TEN OF THIS SECTION.

S. 1591--A                          3

IF  ADDITIONAL  COPIES  OF FINGERPRINTS ARE REQUIRED THE APPLICANT SHALL
FURNISH THEM UPON REQUEST.
  4.  (A)  A  LICENSE  ISSUED  OR  RENEWED  UNDER THE PROVISIONS OF THIS
SECTION SHALL ENTITLE A PERSON, ASSOCIATION, PARTNERSHIP OR  CORPORATION
TO ACT AS A SCRAP PROCESSOR IN THE STATE OF NEW YORK FOR A PERIOD OF TWO
YEARS  FROM THE EFFECTIVE DATE OF THE LICENSE. ANY LICENSE GRANTED UNDER
THIS SECTION MAY BE RENEWED BY THE DEPARTMENT UPON APPLICATION FOR  SUCH
RENEWAL  BY  THE  HOLDER  THEREOF,  IN  SUCH  FORM AS THE DEPARTMENT MAY
PRESCRIBE.
  (B) UPON ORIGINAL APPLICATION FOR A LICENSE  TO  OPERATE  AS  A  SCRAP
PROCESSOR,  THE  APPLICANT  SHALL PAY AN APPLICATION FEE OF ONE THOUSAND
DOLLARS. UPON APPLICATION FOR A LICENSE RENEWAL, THE LICENSE SHALL PAY A
RENEWAL PROCESSING FEE OF ONE THOUSAND DOLLARS.
  (C) THE SECRETARY OF STATE SHALL HAVE THE AUTHORITY  TO  ASSIGN  STAG-
GERED  EXPIRATION  DATES  FOR  LICENSES  AT  THE TIME OF RENEWAL. IF THE
ASSIGNED DATE RESULTS IN A TERM THAT  EXCEEDS  TWENTY-FOUR  MONTHS,  THE
APPLICANT  SHALL PAY AN ADDITIONAL PRORATED ADJUSTMENT TOGETHER WITH THE
REGULAR RENEWAL FEE.
  (D) THE SECRETARY OF STATE SHALL ISSUE EACH SCRAP PROCESSOR  A  UNIQUE
LICENSE NUMBER.
  5.  (A)  NOTICE  IN  WRITING  IN THE MANNER AND FORM PRESCRIBED BY THE
DEPARTMENT SHALL BE GIVEN TO THE DEPARTMENT AT  ITS  OFFICES  IN  ALBANY
WITHIN  TEN  DAYS  OF  CHANGES  OF NAME OR ADDRESS BY A REGISTERED SCRAP
PROCESSOR.
  (B) IN THE CASE OF LOSS, DESTRUCTION OR DAMAGE,  THE  DEPARTMENT  MAY,
UPON  SUBMISSION  OF A REQUEST IN SUCH FORM AND MANNER AS THE DEPARTMENT
MAY PRESCRIBE, ISSUE A DUPLICATE LICENSE UPON PAYMENT OF A  FEE  OF  ONE
HUNDRED DOLLARS.
  6. THE FEES ESTABLISHED BY THIS SECTION SHALL NOT BE REFUNDABLE.
  7.  EACH  SCRAP PROCESSOR SHALL EXHIBIT THE LICENSE PRESCRIBED BY THIS
ARTICLE AT THE PLACE OF BUSINESS.
  8. NO PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION SHALL:
  (A) PRESENT, OR ATTEMPT TO PRESENT, THE LICENSE OF ANOTHER;
  (B) KNOWINGLY GIVE FALSE EVIDENCE OF A MATERIAL NATURE TO THE  DEPART-
MENT FOR THE PURPOSE OF PROCURING A LICENSE; OR
  (C) FALSELY REPRESENT THEMSELVES TO BE A REGISTERED SCRAP PROCESSOR.
  9.  LICENSES  ISSUED  TO SCRAP PROCESSORS SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
  10. (A) THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES  AND  REGU-
LATIONS AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTI-
CLE.
  (B)  THE  SECRETARY  OF  STATE  SHALL  HAVE  THE  POWER TO ENFORCE THE
PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON THE
DEPARTMENT'S INITIATIVE, TO INVESTIGATE  ANY  VIOLATION  THEREOF  OR  TO
INVESTIGATE  THE  BUSINESS PRACTICES AND BUSINESS METHODS OF ANY PERSON,
ASSOCIATION, PARTNERSHIP  OR  CORPORATION  APPLYING  FOR  OR  HOLDING  A
LICENSE AS A SCRAP PROCESSOR. EACH SUCH APPLICANT OR REGISTRANT SHALL BE
OBLIGED ON REQUEST OF THE DEPARTMENT, TO SUPPLY SUCH INFORMATION, BOOKS,
PAPERS  OR  RECORDS  AS MAY BE REQUIRED CONCERNING BUSINESS PRACTICES OR
BUSINESS METHODS. FAILURE TO COMPLY WITH SUCH LAWFUL REQUEST SHALL BE  A
GROUND  FOR  DENYING  AN  APPLICATION  FOR  A  LICENSE, OR FOR REVOKING,
SUSPENDING, OR NOT RENEWING A LICENSE ISSUED UNDER THIS ARTICLE.
  11. IN ORDER TO ASSURE THAT SCRAP PROCESSOR LICENSES ARE NOT ISSUED TO
OR HELD BY UNQUALIFIED OR UNSUITABLE PERSONS,  THE  SECRETARY  OR  STATE
MAY,  CONSISTENT  WITH  ARTICLES  TWENTY-THREE AND TWENTY-THREE-A OF THE
CORRECTION LAW, DENY, SUSPEND OR REVOKE ANY SUCH LICENSE UPON A  WRITTEN

S. 1591--A                          4

DETERMINATION  THAT SUCH ACTION IS REQUIRED TO PROTECT THE PUBLIC HEALTH
AND SAFETY AND THAT:
  (A)  THE LICENSE HOLDER OR APPLICANT HAS BEEN FINALLY DETERMINED IN AN
ADMINISTRATIVE, CIVIL OR CRIMINAL PROCEEDING TO HAVE VIOLATED A SUBSTAN-
TIVE PROVISION OF THIS ARTICLE, ANY SUBSTANTIVE  REGULATION  PROMULGATED
PURSUANT  TO  THIS  ARTICLE,  A MATERIAL CONDITION OF ANY LICENSE ISSUED
THEREUNDER, OR OF ANY SUBSTANTIALLY SIMILAR STATUTE,  REGULATION,  ORDER
OR  LICENSE  CONDITION OF THE FEDERAL OR OTHER STATE GOVERNMENT RELATING
TO OPERATION AS A SCRAP PROCESSOR; OR
  (B) SUCH LICENSEE OR APPLICANT HAS BEEN PREVIOUSLY  DENIED  A  LICENSE
FOR THE SAME OR SUBSTANTIALLY SIMILAR ACTIVITY BASED UPON ONE OR MORE OF
THE PROVISIONS OF THIS SUBDIVISION; OR
  (C)  SUCH  LICENSE  HOLDER  OR  APPLICANT  HAS  BEEN  FOUND IN A CIVIL
PROCEEDING TO HAVE COMMITTED AN INTENTIONALLY TORTIOUS ACT  IN  RELATION
TO  OPERATIONS  AS A SCRAP PROCESSOR OR HAS BEEN CONVICTED IN A CRIMINAL
PROCEEDING OF A CRIME INVOLVING OPERATION AS A SCRAP PROCESSOR; OR
  (D) SUCH LICENSEE HAS BEEN CONVICTED OF A FELONY  UNDER  THE  LAWS  OF
THIS  STATE  INVOLVING  FRAUD,  BRIBERY,  PERJURY, OR THEFT, OR HAS BEEN
CONVICTED UNDER THE LAWS OF ANY OTHER STATE OR OF THE UNITED STATES OF A
CRIMINAL OFFENSE WHICH, IF COMMITTED AND PROSECUTED IN THIS STATE, WOULD
CONSTITUTE A SIMILAR FELONY UNDER SUCH LAWS OF THIS STATE; OR
  (E) SUCH LICENSEE IN ANY MATTER WITHIN THE JURISDICTION OF THE DEPART-
MENT HAS BEEN DETERMINED TO HAVE KNOWINGLY FALSIFIED A MATERIAL FACT, OR
KNOWINGLY SUBMITTED A FALSE STATEMENT, OR KNOWINGLY MADE USE OF A  FALSE
STATEMENT  IN  CONNECTION  WITH ANY DOCUMENT OR APPLICATION SUBMITTED TO
THE DEPARTMENT OR SAID AGENCY; OR
  (F) SUCH LICENSEE OR APPLICANT IS EITHER:
  (I) AN INDIVIDUAL WHO HAD A SUBSTANTIAL INTEREST IN OR ACTED AS A HIGH
MANAGERIAL AGENT OR DIRECTOR FOR ANY CORPORATION,  PARTNERSHIP,  ASSOCI-
ATION  OR ORGANIZATION WHICH COMMITTED AN ACT OR FAILED TO ACT, AND SUCH
ACT OR FAILURE TO ACT COULD BE THE BASIS FOR THE  DENIAL  OF  A  LICENSE
PURSUANT  TO  THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER IF SUCH
CORPORATION, PARTNERSHIP, ASSOCIATION  OR  ORGANIZATION  APPLIED  FOR  A
LICENSE UNDER THIS TITLE; OR
  (II)  A CORPORATION, PARTNERSHIP, ASSOCIATION, OR ORGANIZATION, OR ANY
PRINCIPAL THEREOF, OR ANY PERSON HOLDING A SUBSTANTIAL INTEREST THEREIN,
WHICH COMMITTED AN ACT OR FAILED TO ACT, AND SUCH ACT OR FAILURE TO  ACT
COULD  BE THE BASIS FOR THE DENIAL OF A LICENSE PURSUANT TO THIS SECTION
OR REGULATIONS PROMULGATED THEREUNDER IF SUCH CORPORATION,  PARTNERSHIP,
ASSOCIATION OR ORGANIZATION APPLIED FOR A LICENSE UNDER THIS TITLE; OR
  (III)  A  CORPORATION, PARTNERSHIP, ASSOCIATION OR ORGANIZATION OR ANY
HIGH MANAGERIAL AGENT OR DIRECTOR  THEREOF,  OR  ANY  PERSON  HOLDING  A
SUBSTANTIAL  INTEREST THEREIN, ACTING AS HIGH MANAGERIAL AGENT OR DIREC-
TOR FOR OR HOLDING A SUBSTANTIAL INTEREST IN ANOTHER CORPORATION,  PART-
NERSHIP, ASSOCIATION OR ORGANIZATION WHICH COMMITTED AN ACT OR FAILED TO
ACT, AND SUCH ACT OR FAILURE TO ACT COULD BE THE BASIS FOR THE DENIAL OF
A LICENSE PURSUANT TO THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER
HAD  SUCH  OTHER  CORPORATION,  PARTNERSHIP, ASSOCIATION OR ORGANIZATION
APPLIED FOR A LICENSE UNDER THIS TITLE.
  FOR THE PURPOSES OF THIS SUBDIVISION, "HIGH MANAGERIAL AGENT" HAS  THE
SAME MEANING AS IS GIVEN THAT TERM IN SECTION 20.20 OF THE PENAL LAW.
  12.  ANY  ACT  OR FAILURE TO ACT WHICH SERVES AS A BASIS FOR DENIAL OR
REVOCATION OF A LICENSE PURSUANT TO THIS SUBDIVISION SHALL HAVE OCCURRED
WITHIN FIVE YEARS FROM THE DATE ON WHICH THE APPLICATION FOR A  LICENSE,
RENEWAL  OR MODIFICATION IS SUBMITTED TO THE DEPARTMENT OR FROM THE DATE

S. 1591--A                          5

ON WHICH THE DEPARTMENT SERVES NOTICE OF INTENT TO REVOKE  OR  MODIFY  A
LICENSE ISSUED BY THE DEPARTMENT IN RELATION TO AN EXISTING LICENSE.
  13. ANY PERSON DENIED A LICENSE OR RENEWAL ON THE GROUNDS SPECIFIED IN
THIS  SECTION  SHALL  BE ENTITLED TO A HEARING WITHIN SIXTY DAYS OF SUCH
DENIAL IN THE CASE OF A NEW LICENSE, OR WITHIN FIFTEEN DAYS IN THE  CASE
OF A RENEWAL OF ANY EXISTING LICENSE.
  14. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL REGIS-
TERED  SCRAP  PROCESSORS,  WHICH  SHALL LIST AND IDENTIFY ON A COUNTY BY
COUNTY BASIS, ALL REGISTERED SCRAP PROCESSORS  DOING  BUSINESS  IN  THIS
STATE. THE DEPARTMENT SHALL MAKE THE REGISTRY AVAILABLE ON ITS WEBSITE.
  S  3.  Section 69-g of the general business law, as amended by chapter
302 of the laws of 2007, is amended to read as follows:
  S 69-g. Records. 1. [Such] A 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, THE name of THE seller, [his] THE SELL-
ER'S  residence OR BUSINESS 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 OR HER agent. It shall be
unlawful for any seller to refuse to  furnish  such  information  or  to
furnish  incorrect or incomplete information. Such scrap processor shall
also make and retain a copy of the government issued photographic  iden-
tification  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.
  2.  Such  records  shall  be  available  for  inspection by the police
department of the state or the municipality in which  the  establishment
is  located,  BY  THE DEPARTMENT AND BY THE LOCAL LICENSING AUTHORITY SO
DESIGNATED PURSUANT TO SUBDIVISION ONE OF SECTION SIXTY-NINE-F  OF  THIS
ARTICLE.
  3.  BY  NO  LATER THAN SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, A SCRAP
PROCESSOR SHALL INSTALL AND MAINTAIN  IN  WORKING  ORDER  AN  ELECTRONIC
VIDEO  RECORDING  SYSTEM AT ALL SCALES AND AT ALL POINTS OF SALE LOCATED
ON THE PREMISES OF  THE  SCRAP  PROCESSING  FACILITY.  ELECTRONIC  VIDEO
RECORDS  SHALL BE MAINTAINED IN AN ELECTRONIC ARCHIVE FOR A PERIOD OF NO
LESS THAN ONE HUNDRED TWENTY DAYS FROM THE  DATE  WHEN  SUCH  ELECTRONIC
VIDEO RECORD WAS MADE.
  4.  BY  NO  LATER THAN SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, A SCRAP
PROCESSOR SHALL MAINTAIN A RECORD THAT SAID SCRAP PROCESSOR  EITHER  (A)
POSSESSES  REFRIGERANT RECOVERY EQUIPMENT CERTIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY OR (B) HAS  EXECUTED  A  VALID  CONTRACT
WITH A REFRIGERANT REMOVAL CONTRACT CERTIFIED BY THE UNITED STATES ENVI-
RONMENTAL PROTECTION AGENCY.
  S  4.  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  FOR SCRAP PROCESSORS TO SELL, OFFER FOR SALE, OR PURCHASE AS SCRAP,
ANY METAL ITEMS BEARING MARKINGS OF  ANY  GOVERNMENTAL  ENTITY,  UTILITY

S. 1591--A                          6

COMPANY,  CEMETERY OR RAILROAD UNLESS SUCH ITEMS ARE OFFERED FOR SALE BY
A DULY AUTHORIZED EMPLOYEE OR AGENT OF  ANY  SUCH  GOVERNMENTAL  ENTITY,
UTILITY COMPANY, CEMETERY OR RAILROAD.
  S   69-J.  PREEMPTION  OF  LOCAL  LAWS.  THE  PROVISIONS  OF  SECTIONS
SIXTY-NINE-G AND SIXTY-NINE-H OF THIS ARTICLE SHALL PREEMPT  AND  SUPER-
SEDE  ANY  LOCAL  LAW WHICH WOULD OTHERWISE REGULATE THE PURCHASE AND/OR
SALE OF SCRAP  METAL  AND/OR  IMPOSE  RECORD  KEEPING  AND/OR  REPORTING
REQUIREMENTS  IN  A  MANNER  WHICH  CONFLICTS WITH OR IMPOSED ADDITIONAL
REQUIREMENTS OTHER THAN THOSE SET  FORTH  THEREIN,  AND/OR  WHICH  WOULD
REQUIRE  A SCRAP PROCESSOR TO HOLD SCRAP MATERIAL FOR A SPECIFIED PERIOD
OF TIME PRIOR TO THE PROCESSING OR RE-SALE OF SUCH  SCRAP  MATERIAL,  OR
WHICH WOULD OTHERWISE PROHIBIT THE ACCEPTANCE OF SCRAP MATERIAL.
  S 5. Section 69-i of the general business law, as added by chapter 431
of  the  laws  of 1976 and as renumbered by section four of this act, is
amended to read as follows:
  S 69-i. Penalty. 1. [Each violation of this article by a scrap proces-
sor shall be a violation subject to a fine of not more than two  hundred
dollars,  unless such violation shall be wilful, in which event it shall
be a misdemeanor except, however,  the  scrap  processor  shall  not  be
liable  for  any  violation of this article by a seller, his agent, or a
purported seller or agent.
  2. Each violation of this article by a seller or his agent shall be  a
misdemeanor.]  ANY  PERSON,  ASSOCIATION, PARTNERSHIP OR CORPORATION WHO
VIOLATES THIS ARTICLE SHALL BE LIABLE FOR A CRIMINAL FINE  OF  NOT  MORE
THAN TWO THOUSAND FIVE HUNDRED DOLLARS AND/OR IMPRISONMENT FOR A TERM OF
NOT MORE THAN FIFTEEN DAYS. A SECOND VIOLATION OF THIS ARTICLE COMMITTED
WITHIN A TEN-YEAR PERIOD SHALL BE PUNISHABLE AS A MISDEMEANOR SUBJECT TO
A  CRIMINAL FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS AND/OR IMPRISON-
MENT FOR A TERM OF NOT MORE THAN ONE YEAR.
  2. ANY PERSON, ASSOCIATION, PARTNERSHIP OR  CORPORATION  WHO  VIOLATES
THIS ARTICLE SHALL BE LIABLE FOR A MAXIMUM CIVIL PENALTY OF TWO THOUSAND
FIVE  HUNDRED  DOLLARS  FOR A FIRST OFFENSE, FIVE THOUSAND DOLLARS FOR A
SECOND OFFENSE WITHIN A TWELVE MONTH PERIOD  AND  FOR  A  MAXIMUM  CIVIL
PENALTY  OF  TEN  THOUSAND  DOLLARS  FOR A THIRD AND FOR EACH SUBSEQUENT
OFFENSE WITHIN A TWELVE-MONTH PERIOD.
  3. IN ANY CRIMINAL PROCEEDING BROUGHT PURSUANT  TO  THIS  ARTICLE,  IN
ADDITION  TO  A TERM OF IMPRISONMENT, WHERE A PERSON, ASSOCIATION, PART-
NERSHIP OR CORPORATION 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 COMMIS-
SION OF THE OFFENSE.
  4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
IN  ADDITION TO THOSE PERSONS OTHERWISE AUTHORIZED TO ENFORCE THIS ARTI-
CLE AND ADJUDICATE VIOLATIONS THEREOF, THE PROVISIONS  OF  THIS  ARTICLE
SHALL  ALSO BE ENFORCEABLE IN A CITY WITH A POPULATION OF ONE MILLION OR
MORE BY AN AGENCY DESIGNATED BY A LOCAL LAW DULY ADOPTED BY  SUCH  CITY,
AND  NOTICES OF VIOLATION MAY BE RETURNABLE TO THE ENVIRONMENTAL CONTROL
BOARD OF SUCH CITY, WHICH SHALL HAVE  THE  POWER  TO  IMPOSE  THE  CIVIL
PENALTIES  HEREIN  PROVIDED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
RULE OR REGULATION, SERVICE OF A NOTICE  OF  VIOLATION  FOR  AN  ALLEGED
VIOLATION  OF  THIS  SUBDIVISION COMMITTED IN SUCH CITY MAY BE MADE UPON
ANY PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION BY FIRST CLASS MAIL,
POSTAGE PREPAID, AND ANY SUCH NOTICE SERVED BY MAIL SHALL BE  RETURNABLE
ONLY  TO  SUCH  ENVIRONMENTAL CONTROL BOARD. SUCH SERVICE BY FIRST CLASS

S. 1591--A                          7

MAIL SHALL BE DEEMED COMPLETE UPON MAILING OF THE NOTICE  OF  VIOLATION,
UNLESS  THE  NOTICE OF VIOLATION IS RETURNED TO THE SENDER BY THE UNITED
STATES POSTAL SERVICE FOR ANY REASON OTHER THAN REFUSAL OF DELIVERY.  IN
ADDITION,  ANY  NOTICE  OF VIOLATION FOR A VIOLATION OF THIS SUBDIVISION
MAY BE SERVED BY A MEANS PRESCRIBED IN ARTICLE THREE OF THE CIVIL  PRAC-
TICE LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW.
  (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, RULE OR REGULATION,
SUCH CIVIL PENALTIES IMPOSED BY SUCH ENVIRONMENTAL CONTROL  BOARD  SHALL
BE PAID INTO THE GENERAL FUND OF SUCH CITY.
  (C) ANY FINAL ORDER ISSUED PURSUANT TO THIS SUBDIVISION BY AN ENVIRON-
MENTAL  CONTROL BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR MORE
SHALL CONSTITUTE A JUDGMENT THAT MAY BE ENTERED IN  ANY  PLACE  PROVIDED
FOR  THE  ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE, AND MAY BE ENFORCED
WITHOUT COURT PROCEEDINGS IN THE SAME MANNER AS THE ENFORCEMENT OF MONEY
JUDGMENTS ENTERED IN CIVIL ACTIONS;  PROVIDED,  HOWEVER,  THAT  NO  SUCH
JUDGMENT  SHALL  BE ENTERED THAT EXCEEDS THE SUM OF TWENTY-FIVE THOUSAND
DOLLARS  FOR  EACH  PERSON,  ASSOCIATION,  PARTNERSHIP  OR  CORPORATION.
NOTWITHSTANDING  THE  PRECEDING SENTENCE, BEFORE A JUDGMENT BASED UPON A
DEFAULT MAY BE SO ENTERED, SUCH ENVIRONMENTAL CONTROL  BOARD  MUST  HAVE
NOTIFIED  THE  PERSON,  ASSOCIATION, PARTNERSHIP OR CORPORATION BY FIRST
CLASS MAIL IN SUCH FORM AS SUCH ENVIRONMENTAL CONTROL BOARD MAY  DIRECT:
(1)  OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED; (2) THAT
A JUDGMENT WILL BE ENTERED IN ANY PLACE PROVIDED FOR THE ENTRY OF  CIVIL
JUDGMENTS  IN  THE  STATE;  AND  (3)  THAT ENTRY OF SUCH JUDGMENT MAY BE
AVOIDED BY REQUESTING A STAY OF DEFAULT FOR GOOD CAUSE SHOWN AND  EITHER
REQUESTING  A  HEARING  OR ENTERING A PLEA PURSUANT TO THE RULES OF SUCH
ENVIRONMENTAL CONTROL BOARD WITHIN THIRTY DAYS OF THE  MAILING  OF  SUCH
NOTICE.  NO JUDGMENT BASED UPON A DEFAULT MAY BE SO ENTERED BY THE ENVI-
RONMENTAL CONTROL BOARD WITHIN LESS THAN SIXTY DAYS FROM THE  COMPLETION
OF  SERVICE  BY MAIL OF THE NOTICE OF VIOLATION AS PROVIDED IN PARAGRAPH
(A) OF THIS SUBDIVISION. ANY REQUIREMENT OF ANY PROVISION OF  LAW  OTHER
THAN  THIS  SUBDIVISION  THAT  RELATES  TO  THE MANNER OF SERVICE OF THE
NOTICE OF VIOLATION THAT PRECEDES ANY FINAL ORDER OF SUCH  ENVIRONMENTAL
CONTROL  BOARD  SHALL NOT APPLY TO A FINAL ORDER ISSUED PURSUANT TO THIS
SUBDIVISION. A JUDGMENT ENTERED PURSUANT TO THIS PARAGRAPH SHALL  REMAIN
IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  S  6.    This  act  shall  take  effect on the first of September next
succeeding the date on which it  shall  have  become  a  law,  provided,
however,  that  the  department  of  state may take all steps necessary,
including but not limited to the promulgation of rules and  regulations,
to ensure the prompt implementation of this act on its effective date.

Co-Sponsors

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S1591B - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§69-e, 69-f, 69-g & 69-i, ren §69-h to be §69-i, add §§69-h & 69-j, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6971A

S1591B - Bill Texts

view summary

Prohibits the sale or purchase of certain items as scrap: street signs, funeral markers, government entity, utility, cemetery or railroad items; preempts local laws.

view sponsor memo
BILL NUMBER:S1591B

TITLE OF BILL: An act to amend the general business law, in relation
to licensing of scrap producers in the state and certain cities

PURPOSE: To prohibit the sale or purchase of certain items as scrap by
creating a scrap processor registration system.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates certain definitions
for this act.

Section 2. Talks about a registration for scrap processors in New
York. This section lays out specific requirements that a scrap
processor must meet in order to qualify for a scrap processor
registration while delineating out the application process.

Section 3 lays out specifics related to scrap processing facilities,
including the need for an electronic video recording system at all
scales and al all points of sale locations.

Section 5 Prohibits the sale of certain items as scrap and allows for
preemption of local laws outside of NYC.

Section 5 Allows for penalties for violations of this article. Section
6 is the effective date.

JUSTIFICATION: Scrap theft is a very real and ever growing crime
certain items should not be sold as scrap as they are only attainable
through illegal means. This legislation clarifies what some of these
items are and increases penalties to a level more reflective of the
crime. It is crucially important to deter individuals from partaking
in this illegal activity, and one of the most effective ways is by
creating a significant punitive disincentive to partake in these
activities.

By creating a registration process with enhanced safeguards we are
taking a step in the Prevention of this crime.

PRIOR LEGISLATIVE HISTORY: S. 6971A Passed Senate in 2012

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This bill shall take effect on the first of September
next succeeding the date on which it shall have become law.

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

                                 1591--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GRISANTI, HASSELL-THOMPSON, KENNEDY, KRUEGER, MONT-
  GOMERY, PARKER, PERKINS -- read twice and ordered  printed,  and  when
  printed  to  be  committed  to the Committee on Consumer Protection --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Consumer Protection in accordance  with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the general business law, in relation  to  licensing  of
  scrap producers in the state and certain cities

  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 METAL, the end product of which
is  the  production  of  raw material [for remelting purposes] for steel
mills, [foundaries] FOUNDRIES, smelters, refiners,  and  similar  users,
BUT  SHALL  NOT  INCLUDE  A  REDEMPTION CENTER, DEALER OR DISTRIBUTOR AS
DEFINED IN SECTION 27-1003 OF THE ENVIRONMENTAL CONSERVATION LAW  OR  AN
ELECTRONIC  WASTE  COLLECTION,  CONSOLIDATION  OR  RECYCLING FACILITY AS
DEFINED IN SECTION 27-2601 OF THE ENVIRONMENTAL CONSERVATION LAW.
  2. "Scrap processor" shall mean any person,  association,  partnership
or  corporation  operating  and  maintaining  a  "scrap metal processing
facility".
  3. "GOVERNMENT ISSUED  PHOTOGRAPHIC  IDENTIFICATION"  SHALL  MEAN  ANY
CURRENT  AND VALID OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERN-
MENT OF THE UNITED STATES OF AMERICA, A STATE, TERRITORY,  PROTECTORATE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04812-06-3

S. 1591--B                          2

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  AND  PHOTOGRAPH
OF THE PERSON TO WHOM IT IS ISSUED.
  4. "DEPARTMENT" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF STATE.
  S  2.    Section 69-f of the general business law, as added by chapter
431 of the laws of 1976, is amended to read as follows:
  S 69-f. License.  1. It shall be unlawful for any person, association,
partnership or corporation to engage in business as  a  scrap  processor
unless  such  scrap processor shall have complied with the provisions of
this article and obtained a license to do so  from  [the  mayor  of  the
city,  if the place of business of such scrap processor is in a city, or
the mayor of the village if the place of business is in an  incorporated
village,  otherwise  from the supervisor of the town in which such place
of business is located, or from] the licensing authority  AS  DESIGNATED
BY A DULY ADOPTED LOCAL LAW of [any such] THE municipality IN WHICH SUCH
SCRAP  PROCESSOR IS LOCATED; for which license shall be paid [such mayor
or supervisor or licensing authority for the use of such city,  village,
or town the sum of seventy-five dollars if such place of business is the
principal  place  of  business  of  such  scrap processor in this state,
otherwise the sum of fifty dollars, which license shall expire  on  June
thirtieth  of each year] AN ANNUAL LICENSE FEE NOT TO EXCEED TWO HUNDRED
FIFTY DOLLARS.
  2. ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, NO PERSON, ASSO-
CIATION, PARTNERSHIP OR  CORPORATION  SHALL  HOLD  HIMSELF,  HERSELF  OR
ITSELF  OUT  TO  BE  A  SCRAP  PROCESSOR IN NEW YORK STATE WITHOUT FIRST
REGISTERING WITH THE DEPARTMENT AS PROVIDED IN THIS SECTION.
  3. ANY PERSON,  ASSOCIATION,  PARTNERSHIP  OR  CORPORATION  SEEKING  A
LICENSE  AS  A  SCRAP PROCESSOR SHALL FILE WITH THE DEPARTMENT A LICENSE
APPLICATION WHICH SHALL INCLUDE THE FOLLOWING INFORMATION:
  (A) THE BUSINESS NAME AND ADDRESS OF THE APPLICANT;
  (B) THE NAMES OF THE APPLICANT'S OFFICERS, DIRECTORS, AND HIGH MANAGE-
RIAL AGENTS AS SUCH TERM IS DEFINED IN SECTION 20.20 OF THE PENAL LAW;
  (C) THE BUSINESS TELEPHONE NUMBER OF THE APPLICANT;
  (D) THE ADDRESS OF THE SCRAP PROCESSING FACILITY FOR WHICH  A  LICENSE
IS SOUGHT;
  (E) A STATEMENT INDICATING WHETHER THE APPLICANT OR ANY PERSON IDENTI-
FIED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION HAS:
  (I) BEEN CONVICTED OF ANY CRIME RELATING TO CONDUCT AS A SCRAP PROCES-
SOR; AND
  (II)  AT  ANY  TIME IN THE PAST BEEN ISSUED A LICENSE PURSUANT TO THIS
SECTION, AND IF SO, WHETHER SUCH LICENSE WAS EVER REVOKED OR SUSPENDED;
  (F) A CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS  IN  COMPLI-
ANCE  WITH THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION;
  (G) A COPY OF (I) THE APPLICANT'S EPA REFRIGERANT  RECOVERY  EQUIPMENT
ACQUISITION  CERTIFICATION FORM CERTIFYING THAT THE PROSPECTIVE LICENSEE
OWNS APPROVED REFRIGERANT REMOVAL EQUIPMENT, OR (II) A COPY OF  A  VALID
CONTRACT  BETWEEN  THE  APPLICANT  AND  A  CERTIFIED REFRIGERANT REMOVAL
CONTRACTOR.
  (H) A CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS  IN  COMPLI-
ANCE WITH REQUIREMENTS OF SECTION SIXTY-NINE-G OF THIS ARTICLE;
  (I)  A SWORN STATEMENT BY THE APPLICANT THAT THE INFORMATION SET FORTH
IN THE APPLICATION IS CURRENT AND ACCURATE; AND
  (J) A COMPLETE SET OF TWO FINGERPRINT CARDS FOR EACH OFFICER AND  HIGH
MANAGERIAL  AGENT  OF  THE  APPLICANT  ON  A  STANDARD  FINGERPRINT CARD

S. 1591--B                          3

APPROVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH CARDS  SHALL
BE  RETAINED  BY  THE  DEPARTMENT  AND  USED  SOLELY  FOR THE PURPOSE OF
CONDUCTING AN INVESTIGATION PURSUANT TO SUBDIVISION TEN OF THIS SECTION.
IF  ADDITIONAL  COPIES  OF FINGERPRINTS ARE REQUIRED THE APPLICANT SHALL
FURNISH THEM UPON REQUEST.
  4. (A) A LICENSE ISSUED  OR  RENEWED  UNDER  THE  PROVISIONS  OF  THIS
SECTION  SHALL ENTITLE A PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION
TO ACT AS A SCRAP PROCESSOR IN THE STATE OF NEW YORK FOR A PERIOD OF TWO
YEARS FROM THE EFFECTIVE DATE OF THE LICENSE. ANY LICENSE GRANTED  UNDER
THIS  SECTION MAY BE RENEWED BY THE DEPARTMENT UPON APPLICATION FOR SUCH
RENEWAL BY THE HOLDER THEREOF,  IN  SUCH  FORM  AS  THE  DEPARTMENT  MAY
PRESCRIBE.
  (B)  UPON  ORIGINAL  APPLICATION  FOR  A LICENSE TO OPERATE AS A SCRAP
PROCESSOR, THE APPLICANT SHALL PAY AN APPLICATION FEE  OF  ONE  THOUSAND
DOLLARS. UPON APPLICATION FOR A LICENSE RENEWAL, THE LICENSE SHALL PAY A
RENEWAL PROCESSING FEE OF ONE THOUSAND DOLLARS.
  (C)  THE  SECRETARY  OF STATE SHALL HAVE THE AUTHORITY TO ASSIGN STAG-
GERED EXPIRATION DATES FOR LICENSES AT  THE  TIME  OF  RENEWAL.  IF  THE
ASSIGNED  DATE  RESULTS  IN  A TERM THAT EXCEEDS TWENTY-FOUR MONTHS, THE
APPLICANT SHALL PAY AN ADDITIONAL PRORATED ADJUSTMENT TOGETHER WITH  THE
REGULAR RENEWAL FEE.
  (D)  THE  SECRETARY OF STATE SHALL ISSUE EACH SCRAP PROCESSOR A UNIQUE
LICENSE NUMBER.
  5. (A) NOTICE IN WRITING IN THE MANNER  AND  FORM  PRESCRIBED  BY  THE
DEPARTMENT  SHALL  BE  GIVEN  TO THE DEPARTMENT AT ITS OFFICES IN ALBANY
WITHIN TEN DAYS OF CHANGES OF NAME OR  ADDRESS  BY  A  REGISTERED  SCRAP
PROCESSOR.
  (B)  IN  THE  CASE OF LOSS, DESTRUCTION OR DAMAGE, THE DEPARTMENT MAY,
UPON SUBMISSION OF A REQUEST IN SUCH FORM AND MANNER AS  THE  DEPARTMENT
MAY  PRESCRIBE,  ISSUE  A DUPLICATE LICENSE UPON PAYMENT OF A FEE OF ONE
HUNDRED DOLLARS.
  6. THE FEES ESTABLISHED BY THIS SECTION SHALL NOT BE REFUNDABLE.
  7. EACH SCRAP PROCESSOR SHALL EXHIBIT THE LICENSE PRESCRIBED  BY  THIS
ARTICLE AT THE PLACE OF BUSINESS.
  8. NO PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION SHALL:
  (A) PRESENT, OR ATTEMPT TO PRESENT, THE LICENSE OF ANOTHER;
  (B)  KNOWINGLY GIVE FALSE EVIDENCE OF A MATERIAL NATURE TO THE DEPART-
MENT FOR THE PURPOSE OF PROCURING A LICENSE; OR
  (C) FALSELY REPRESENT THEMSELVES TO BE A REGISTERED SCRAP PROCESSOR.
  9. LICENSES ISSUED TO SCRAP PROCESSORS SHALL NOT  BE  TRANSFERABLE  OR
ASSIGNABLE.
  10.  (A)  THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES AND REGU-
LATIONS AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTI-
CLE.
  (B) THE SECRETARY OF  STATE  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON THE
DEPARTMENT'S  INITIATIVE,  TO  INVESTIGATE  ANY  VIOLATION THEREOF OR TO
INVESTIGATE THE BUSINESS PRACTICES AND BUSINESS METHODS OF  ANY  PERSON,
ASSOCIATION,  PARTNERSHIP  OR  CORPORATION  APPLYING  FOR  OR  HOLDING A
LICENSE AS A SCRAP PROCESSOR. EACH SUCH APPLICANT OR REGISTRANT SHALL BE
OBLIGED ON REQUEST OF THE DEPARTMENT, TO SUPPLY SUCH INFORMATION, BOOKS,
PAPERS OR RECORDS AS MAY BE REQUIRED CONCERNING  BUSINESS  PRACTICES  OR
BUSINESS  METHODS. FAILURE TO COMPLY WITH SUCH LAWFUL REQUEST SHALL BE A
GROUND FOR DENYING AN  APPLICATION  FOR  A  LICENSE,  OR  FOR  REVOKING,
SUSPENDING, OR NOT RENEWING A LICENSE ISSUED UNDER THIS ARTICLE.

S. 1591--B                          4

  11. IN ORDER TO ASSURE THAT SCRAP PROCESSOR LICENSES ARE NOT ISSUED TO
OR  HELD  BY  UNQUALIFIED  OR UNSUITABLE PERSONS, THE SECRETARY OR STATE
MAY, CONSISTENT WITH ARTICLES TWENTY-THREE  AND  TWENTY-THREE-A  OF  THE
CORRECTION  LAW, DENY, SUSPEND OR REVOKE ANY SUCH LICENSE UPON A WRITTEN
DETERMINATION  THAT SUCH ACTION IS REQUIRED TO PROTECT THE PUBLIC HEALTH
AND SAFETY AND THAT:
  (A) THE LICENSE HOLDER OR APPLICANT HAS BEEN FINALLY DETERMINED IN  AN
ADMINISTRATIVE, CIVIL OR CRIMINAL PROCEEDING TO HAVE VIOLATED A SUBSTAN-
TIVE  PROVISION  OF THIS ARTICLE, ANY SUBSTANTIVE REGULATION PROMULGATED
PURSUANT TO THIS ARTICLE, A MATERIAL CONDITION  OF  ANY  LICENSE  ISSUED
THEREUNDER,  OR  OF ANY SUBSTANTIALLY SIMILAR STATUTE, REGULATION, ORDER
OR LICENSE CONDITION OF THE FEDERAL OR OTHER STATE  GOVERNMENT  RELATING
TO OPERATION AS A SCRAP PROCESSOR; OR
  (B)  SUCH  LICENSEE  OR APPLICANT HAS BEEN PREVIOUSLY DENIED A LICENSE
FOR THE SAME OR SUBSTANTIALLY SIMILAR ACTIVITY BASED UPON ONE OR MORE OF
THE PROVISIONS OF THIS SUBDIVISION; OR
  (C) SUCH LICENSE HOLDER  OR  APPLICANT  HAS  BEEN  FOUND  IN  A  CIVIL
PROCEEDING  TO  HAVE COMMITTED AN INTENTIONALLY TORTIOUS ACT IN RELATION
TO OPERATIONS AS A SCRAP PROCESSOR OR HAS BEEN CONVICTED IN  A  CRIMINAL
PROCEEDING OF A CRIME INVOLVING OPERATION AS A SCRAP PROCESSOR; OR
  (D)  SUCH  LICENSEE  HAS  BEEN CONVICTED OF A FELONY UNDER THE LAWS OF
THIS STATE INVOLVING FRAUD, BRIBERY, PERJURY,  OR  THEFT,  OR  HAS  BEEN
CONVICTED UNDER THE LAWS OF ANY OTHER STATE OR OF THE UNITED STATES OF A
CRIMINAL OFFENSE WHICH, IF COMMITTED AND PROSECUTED IN THIS STATE, WOULD
CONSTITUTE A SIMILAR FELONY UNDER SUCH LAWS OF THIS STATE; OR
  (E) SUCH LICENSEE IN ANY MATTER WITHIN THE JURISDICTION OF THE DEPART-
MENT HAS BEEN DETERMINED TO HAVE KNOWINGLY FALSIFIED A MATERIAL FACT, OR
KNOWINGLY  SUBMITTED A FALSE STATEMENT, OR KNOWINGLY MADE USE OF A FALSE
STATEMENT IN CONNECTION WITH ANY DOCUMENT OR  APPLICATION  SUBMITTED  TO
THE DEPARTMENT OR SAID AGENCY; OR
  (F) SUCH LICENSEE OR APPLICANT IS EITHER:
  (I) AN INDIVIDUAL WHO HAD A SUBSTANTIAL INTEREST IN OR ACTED AS A HIGH
MANAGERIAL  AGENT  OR DIRECTOR FOR ANY CORPORATION, PARTNERSHIP, ASSOCI-
ATION OR ORGANIZATION WHICH COMMITTED AN ACT OR FAILED TO ACT, AND  SUCH
ACT  OR  FAILURE  TO  ACT COULD BE THE BASIS FOR THE DENIAL OF A LICENSE
PURSUANT TO THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER  IF  SUCH
CORPORATION,  PARTNERSHIP,  ASSOCIATION  OR  ORGANIZATION  APPLIED FOR A
LICENSE UNDER THIS TITLE; OR
  (II) A CORPORATION, PARTNERSHIP, ASSOCIATION, OR ORGANIZATION, OR  ANY
PRINCIPAL THEREOF, OR ANY PERSON HOLDING A SUBSTANTIAL INTEREST THEREIN,
WHICH  COMMITTED AN ACT OR FAILED TO ACT, AND SUCH ACT OR FAILURE TO ACT
COULD BE THE BASIS FOR THE DENIAL OF A LICENSE PURSUANT TO THIS  SECTION
OR  REGULATIONS PROMULGATED THEREUNDER IF SUCH CORPORATION, PARTNERSHIP,
ASSOCIATION OR ORGANIZATION APPLIED FOR A LICENSE UNDER THIS TITLE; OR
  (III) A CORPORATION, PARTNERSHIP, ASSOCIATION OR ORGANIZATION  OR  ANY
HIGH  MANAGERIAL  AGENT  OR  DIRECTOR  THEREOF,  OR ANY PERSON HOLDING A
SUBSTANTIAL INTEREST THEREIN, ACTING AS HIGH MANAGERIAL AGENT OR  DIREC-
TOR  FOR OR HOLDING A SUBSTANTIAL INTEREST IN ANOTHER CORPORATION, PART-
NERSHIP, ASSOCIATION OR ORGANIZATION WHICH COMMITTED AN ACT OR FAILED TO
ACT, AND SUCH ACT OR FAILURE TO ACT COULD BE THE BASIS FOR THE DENIAL OF
A LICENSE PURSUANT TO THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER
HAD SUCH OTHER CORPORATION,  PARTNERSHIP,  ASSOCIATION  OR  ORGANIZATION
APPLIED FOR A LICENSE UNDER THIS TITLE.
  FOR  THE PURPOSES OF THIS SUBDIVISION, "HIGH MANAGERIAL AGENT" HAS THE
SAME MEANING AS IS GIVEN THAT TERM IN SECTION 20.20 OF THE PENAL LAW.

S. 1591--B                          5

  12. ANY ACT OR FAILURE TO ACT WHICH SERVES AS A BASIS  FOR  DENIAL  OR
REVOCATION OF A LICENSE PURSUANT TO THIS SUBDIVISION SHALL HAVE OCCURRED
WITHIN  FIVE YEARS FROM THE DATE ON WHICH THE APPLICATION FOR A LICENSE,
RENEWAL OR MODIFICATION IS SUBMITTED TO THE DEPARTMENT OR FROM THE  DATE
ON  WHICH  THE  DEPARTMENT SERVES NOTICE OF INTENT TO REVOKE OR MODIFY A
LICENSE ISSUED BY THE DEPARTMENT IN RELATION TO AN EXISTING LICENSE.
  13. ANY PERSON DENIED A LICENSE OR RENEWAL ON THE GROUNDS SPECIFIED IN
THIS SECTION SHALL BE ENTITLED TO A HEARING WITHIN SIXTY  DAYS  OF  SUCH
DENIAL  IN THE CASE OF A NEW LICENSE, OR WITHIN FIFTEEN DAYS IN THE CASE
OF A RENEWAL OF ANY EXISTING LICENSE.
  14. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL REGIS-
TERED SCRAP PROCESSORS, WHICH SHALL LIST AND IDENTIFY  ON  A  COUNTY  BY
COUNTY  BASIS,  ALL  REGISTERED  SCRAP PROCESSORS DOING BUSINESS IN THIS
STATE. THE DEPARTMENT SHALL MAKE THE REGISTRY AVAILABLE ON ITS WEBSITE.
  S 3.  Section 69-g of the general business law, as amended by  chapter
302 of the laws of 2007, is amended to read as follows:
  S  69-g.  Records.  1. [Such] A 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, THE name of THE seller, [his] THE SELL-
ER'S residence OR BUSINESS 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 OR HER agent. It shall  be
unlawful  for  any  seller  to  refuse to furnish such information or to
furnish incorrect or incomplete information. Such scrap processor  shall
also  make and retain a copy of the government issued photographic iden-
tification 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.
  2. Such records shall  be  available  for  inspection  by  the  police
department  of  the state or the municipality in which the establishment
is located, BY THE DEPARTMENT AND BY THE LOCAL  LICENSING  AUTHORITY  SO
DESIGNATED  PURSUANT  TO SUBDIVISION ONE OF SECTION SIXTY-NINE-F OF THIS
ARTICLE.
  3. BY NO LATER THAN SEPTEMBER FIRST, TWO  THOUSAND  FIFTEEN,  A  SCRAP
PROCESSOR  SHALL  INSTALL  AND  MAINTAIN  IN WORKING ORDER AN ELECTRONIC
VIDEO RECORDING SYSTEM AT ALL SCALES AND AT ALL POINTS OF  SALE  LOCATED
ON  THE  PREMISES  OF  THE  SCRAP  PROCESSING FACILITY. ELECTRONIC VIDEO
RECORDS SHALL BE MAINTAINED IN AN ELECTRONIC ARCHIVE FOR A PERIOD OF  NO
LESS  THAN  ONE  HUNDRED  TWENTY DAYS FROM THE DATE WHEN SUCH ELECTRONIC
VIDEO RECORD WAS MADE.
  4. BY NO LATER THAN SEPTEMBER FIRST, TWO  THOUSAND  FIFTEEN,  A  SCRAP
PROCESSOR  SHALL  MAINTAIN A RECORD THAT SAID SCRAP PROCESSOR EITHER (A)
POSSESSES REFRIGERANT RECOVERY EQUIPMENT CERTIFIED BY THE UNITED  STATES
ENVIRONMENTAL  PROTECTION  AGENCY  OR  (B) HAS EXECUTED A VALID CONTRACT
WITH A REFRIGERANT REMOVAL CONTRACT CERTIFIED BY THE UNITED STATES ENVI-
RONMENTAL PROTECTION AGENCY.
  S 4. 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. 1591--B                          6

  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 FOR SCRAP PROCESSORS TO SELL, OFFER FOR SALE, OR PURCHASE AS  SCRAP,
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  SUCH  GOVERNMENTAL  ENTITY,
UTILITY COMPANY, CEMETERY OR RAILROAD.
  S   69-J.  PREEMPTION  OF  LOCAL  LAWS.  THE  PROVISIONS  OF  SECTIONS
SIXTY-NINE-G AND SIXTY-NINE-H OF THIS ARTICLE SHALL PREEMPT  AND  SUPER-
SEDE  ANY  LOCAL  LAW WHICH WOULD OTHERWISE REGULATE THE PURCHASE AND/OR
SALE OF SCRAP  METAL  AND/OR  IMPOSE  RECORD  KEEPING  AND/OR  REPORTING
REQUIREMENTS  IN  A  MANNER  WHICH  CONFLICTS WITH OR IMPOSED ADDITIONAL
REQUIREMENTS OTHER THAN THOSE SET  FORTH  THEREIN,  AND/OR  WHICH  WOULD
REQUIRE  A SCRAP PROCESSOR TO HOLD SCRAP MATERIAL FOR A SPECIFIED PERIOD
OF TIME PRIOR TO THE PROCESSING OR RE-SALE OF SUCH  SCRAP  MATERIAL,  OR
WHICH WOULD OTHERWISE PROHIBIT THE ACCEPTANCE OF SCRAP MATERIAL.
  S 5. Section 69-i of the general business law, as added by chapter 431
of  the  laws  of 1976 and as renumbered by section four of this act, is
amended to read as follows:
  S 69-i. Penalty. 1. [Each violation of this article by a scrap proces-
sor shall be a violation subject to a fine of not more than two  hundred
dollars,  unless such violation shall be wilful, in which event it shall
be a misdemeanor except, however,  the  scrap  processor  shall  not  be
liable  for  any  violation of this article by a seller, his agent, or a
purported seller or agent.
  2. Each violation of this article by a seller or his agent shall be  a
misdemeanor.]  ANY  PERSON,  ASSOCIATION, PARTNERSHIP OR CORPORATION WHO
VIOLATES THIS ARTICLE SHALL BE LIABLE FOR A CRIMINAL FINE  OF  NOT  MORE
THAN TWO THOUSAND FIVE HUNDRED DOLLARS AND/OR IMPRISONMENT FOR A TERM OF
NOT MORE THAN FIFTEEN DAYS. A SECOND VIOLATION OF THIS ARTICLE COMMITTED
WITHIN A TEN-YEAR PERIOD SHALL BE PUNISHABLE AS A MISDEMEANOR SUBJECT TO
A  CRIMINAL FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS AND/OR IMPRISON-
MENT FOR A TERM OF NOT MORE THAN ONE YEAR.
  2. ANY PERSON, ASSOCIATION, PARTNERSHIP OR  CORPORATION  WHO  VIOLATES
THIS ARTICLE SHALL BE LIABLE FOR A MAXIMUM CIVIL PENALTY OF TWO THOUSAND
FIVE  HUNDRED  DOLLARS  FOR A FIRST OFFENSE, FIVE THOUSAND DOLLARS FOR A
SECOND OFFENSE WITHIN A TWELVE MONTH PERIOD  AND  FOR  A  MAXIMUM  CIVIL
PENALTY  OF  TEN  THOUSAND  DOLLARS  FOR A THIRD AND FOR EACH SUBSEQUENT
OFFENSE WITHIN A TWELVE-MONTH PERIOD.
  3. IN ANY CRIMINAL PROCEEDING BROUGHT PURSUANT  TO  THIS  ARTICLE,  IN
ADDITION  TO  A TERM OF IMPRISONMENT, WHERE A PERSON, ASSOCIATION, PART-
NERSHIP OR CORPORATION 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 COMMIS-
SION OF THE OFFENSE.
  4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
IN  ADDITION TO THOSE PERSONS OTHERWISE AUTHORIZED TO ENFORCE THIS ARTI-
CLE AND ADJUDICATE VIOLATIONS THEREOF, THE PROVISIONS  OF  THIS  ARTICLE
SHALL  ALSO BE ENFORCEABLE IN A CITY WITH A POPULATION OF ONE MILLION OR
MORE BY AN AGENCY DESIGNATED BY A LOCAL LAW DULY ADOPTED BY  SUCH  CITY,
AND  NOTICES OF VIOLATION MAY BE RETURNABLE TO THE ENVIRONMENTAL CONTROL
BOARD OF SUCH CITY, WHICH SHALL HAVE  THE  POWER  TO  IMPOSE  THE  CIVIL
PENALTIES  HEREIN  PROVIDED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
RULE OR REGULATION, SERVICE OF A NOTICE  OF  VIOLATION  FOR  AN  ALLEGED

S. 1591--B                          7

VIOLATION  OF  THIS  SUBDIVISION COMMITTED IN SUCH CITY MAY BE MADE UPON
ANY PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION BY FIRST CLASS MAIL,
POSTAGE PREPAID, AND ANY SUCH NOTICE SERVED BY MAIL SHALL BE  RETURNABLE
ONLY  TO  SUCH  ENVIRONMENTAL CONTROL BOARD. SUCH SERVICE BY FIRST CLASS
MAIL SHALL BE DEEMED COMPLETE UPON MAILING OF THE NOTICE  OF  VIOLATION,
UNLESS  THE  NOTICE OF VIOLATION IS RETURNED TO THE SENDER BY THE UNITED
STATES POSTAL SERVICE FOR ANY REASON OTHER THAN REFUSAL OF DELIVERY.  IN
ADDITION,  ANY  NOTICE  OF VIOLATION FOR A VIOLATION OF THIS SUBDIVISION
MAY BE SERVED BY A MEANS PRESCRIBED IN ARTICLE THREE OF THE CIVIL  PRAC-
TICE LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW.
  (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, RULE OR REGULATION,
SUCH CIVIL PENALTIES IMPOSED BY SUCH ENVIRONMENTAL CONTROL  BOARD  SHALL
BE PAID INTO THE GENERAL FUND OF SUCH CITY.
  (C) ANY FINAL ORDER ISSUED PURSUANT TO THIS SUBDIVISION BY AN ENVIRON-
MENTAL  CONTROL BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR MORE
SHALL CONSTITUTE A JUDGMENT THAT MAY BE ENTERED IN  ANY  PLACE  PROVIDED
FOR  THE  ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE, AND MAY BE ENFORCED
WITHOUT COURT PROCEEDINGS IN THE SAME MANNER AS THE ENFORCEMENT OF MONEY
JUDGMENTS ENTERED IN CIVIL ACTIONS;  PROVIDED,  HOWEVER,  THAT  NO  SUCH
JUDGMENT  SHALL  BE ENTERED THAT EXCEEDS THE SUM OF TWENTY-FIVE THOUSAND
DOLLARS  FOR  EACH  PERSON,  ASSOCIATION,  PARTNERSHIP  OR  CORPORATION.
NOTWITHSTANDING  THE  PRECEDING SENTENCE, BEFORE A JUDGMENT BASED UPON A
DEFAULT MAY BE SO ENTERED, SUCH ENVIRONMENTAL CONTROL  BOARD  MUST  HAVE
NOTIFIED  THE  PERSON,  ASSOCIATION, PARTNERSHIP OR CORPORATION BY FIRST
CLASS MAIL IN SUCH FORM AS SUCH ENVIRONMENTAL CONTROL BOARD MAY  DIRECT:
(1)  OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED; (2) THAT
A JUDGMENT WILL BE ENTERED IN ANY PLACE PROVIDED FOR THE ENTRY OF  CIVIL
JUDGMENTS  IN  THE  STATE;  AND  (3)  THAT ENTRY OF SUCH JUDGMENT MAY BE
AVOIDED BY REQUESTING A STAY OF DEFAULT FOR GOOD CAUSE SHOWN AND  EITHER
REQUESTING  A  HEARING  OR ENTERING A PLEA PURSUANT TO THE RULES OF SUCH
ENVIRONMENTAL CONTROL BOARD WITHIN THIRTY DAYS OF THE  MAILING  OF  SUCH
NOTICE.  NO JUDGMENT BASED UPON A DEFAULT MAY BE SO ENTERED BY THE ENVI-
RONMENTAL CONTROL BOARD WITHIN LESS THAN SIXTY DAYS FROM THE  COMPLETION
OF  SERVICE  BY MAIL OF THE NOTICE OF VIOLATION AS PROVIDED IN PARAGRAPH
(A) OF THIS SUBDIVISION. ANY REQUIREMENT OF ANY PROVISION OF  LAW  OTHER
THAN  THIS  SUBDIVISION  THAT  RELATES  TO  THE MANNER OF SERVICE OF THE
NOTICE OF VIOLATION THAT PRECEDES ANY FINAL ORDER OF SUCH  ENVIRONMENTAL
CONTROL  BOARD  SHALL NOT APPLY TO A FINAL ORDER ISSUED PURSUANT TO THIS
SUBDIVISION. A JUDGMENT ENTERED PURSUANT TO THIS PARAGRAPH SHALL  REMAIN
IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  S  6.    This  act  shall  take  effect on the first of September next
succeeding the date on which it  shall  have  become  a  law,  provided,
however,  that  the  department  of  state may take all steps necessary,
including but not limited to the promulgation of rules and  regulations,
to ensure the prompt implementation of this act on its effective date.

Co-Sponsors

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S1591C (ACTIVE) - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§69-e, 69-f, 69-g & 69-i, ren §69-h to be §69-i, add §§69-h & 69-j, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S6971A

S1591C (ACTIVE) - Bill Texts

view summary

Prohibits the sale or purchase of certain items as scrap: street signs, funeral markers, government entity, utility, cemetery or railroad items; preempts local laws.

view sponsor memo
BILL NUMBER:S1591C

TITLE OF BILL: An act to amend the general business law, in relation
to licensing of scrap producers in the state and certain cities

PURPOSE:

To prohibit the sale or purchase of certain items as scrap by creating
a scrap processor registration system.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 creates certain definitions for this act. Section 2. Talks
about a registration for scrap processors in New York. This section
lays out specific requirements that a scrap processor must meet in
order to qualify for a scrap processor registration while delineating
out the application process. Section 3 lays out specifics related to
scrap processing facilities, including the need for an electronic
video recording system at all scales and at all points of sale
locations. Section 4 Prohibits the sale of certain items as scrap and
allows for preemption of local laws outside of NYC. Section 5 Allows
for penalties for violations of this article. Section 6 is the
effective date.

JUSTIFICATION:

Scrap theft is a very real and ever growing crime certain items should
not be sold as scrap as they are only attainable through illegal
means. This legislation clarifies what some of these items are and
increases penalties to a level more reflective of the crime. It is
crucially important to deter individuals from partaking in this
illegal activity, and one of the most effective ways is by creating a
significant punitive disincentive to partake in these activities. By
creating a registration process with enhanced safeguards we are taking
a step in the Prevention of this crime.

PRIOR LEGISLATIVE HISTORY:

S. 6971A Passed Senate in 2012

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This bill shall take effect on the first of September next succeeding
the date on which it shall have become law.

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

                                 1591--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GRISANTI, HASSELL-THOMPSON, KENNEDY, KRUEGER, MONT-
  GOMERY, PARKER, PERKINS -- read twice and ordered  printed,  and  when
  printed  to  be  committed  to the Committee on Consumer Protection --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Consumer Protection in accordance  with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said  committee and committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in relation  to  licensing  of
  scrap producers in the state and certain cities

  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 METAL, the end product of which
is  the  production  of  raw material [for remelting purposes] for steel
mills, [foundaries] FOUNDRIES, smelters, refiners,  and  similar  users,
BUT  SHALL  NOT  INCLUDE  A  REDEMPTION CENTER, DEALER OR DISTRIBUTOR AS
DEFINED IN SECTION 27-1003 OF THE ENVIRONMENTAL CONSERVATION LAW  OR  AN
ELECTRONIC  WASTE  COLLECTION,  CONSOLIDATION  OR  RECYCLING FACILITY AS
DEFINED IN SECTION 27-2601 OF THE ENVIRONMENTAL CONSERVATION LAW.
  2. "Scrap processor" shall mean any person,  association,  partnership
or  corporation  operating  and  maintaining  a  "scrap metal processing
facility".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04812-07-4

S. 1591--C                          2

  3. "GOVERNMENT ISSUED  PHOTOGRAPHIC  IDENTIFICATION"  SHALL  MEAN  ANY
CURRENT  AND VALID OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERN-
MENT 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  AND  PHOTOGRAPH
OF THE PERSON TO WHOM IT IS ISSUED.
  4. "DEPARTMENT" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF STATE.
  S  2.    Section 69-f of the general business law, as added by chapter
431 of the laws of 1976, is amended to read as follows:
  S 69-f. License.  1. It shall be unlawful for any person, association,
partnership or corporation to engage in business as  a  scrap  processor
unless  such  scrap processor shall have complied with the provisions of
this article and obtained a license to do so  from  [the  mayor  of  the
city,  if the place of business of such scrap processor is in a city, or
the mayor of the village if the place of business is in an  incorporated
village,  otherwise  from the supervisor of the town in which such place
of business is located, or from] the licensing authority  AS  DESIGNATED
BY A DULY ADOPTED LOCAL LAW of [any such] THE municipality IN WHICH SUCH
SCRAP  PROCESSOR IS LOCATED; for which license shall be paid [such mayor
or supervisor or licensing authority for the use of such city,  village,
or town the sum of seventy-five dollars if such place of business is the
principal  place  of  business  of  such  scrap processor in this state,
otherwise the sum of fifty dollars, which license shall expire  on  June
thirtieth  of each year] AN ANNUAL LICENSE FEE NOT TO EXCEED TWO HUNDRED
FIFTY DOLLARS.
  2. ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, NO PERSON, ASSO-
CIATION, PARTNERSHIP OR  CORPORATION  SHALL  HOLD  HIMSELF,  HERSELF  OR
ITSELF  OUT  TO  BE  A  SCRAP  PROCESSOR IN NEW YORK STATE WITHOUT FIRST
OBTAINING A LICENSE FROM THE DEPARTMENT AS PROVIDED IN THIS SECTION.
  3. ANY PERSON,  ASSOCIATION,  PARTNERSHIP  OR  CORPORATION  SEEKING  A
LICENSE  AS  A  SCRAP PROCESSOR SHALL FILE WITH THE DEPARTMENT A LICENSE
APPLICATION WHICH SHALL INCLUDE THE FOLLOWING INFORMATION:
  (A) THE BUSINESS NAME AND ADDRESS OF THE APPLICANT;
  (B) THE NAMES OF THE APPLICANT'S OFFICERS, DIRECTORS, AND HIGH MANAGE-
RIAL AGENTS AS SUCH TERM IS DEFINED IN SECTION 20.20 OF THE PENAL LAW;
  (C) THE BUSINESS TELEPHONE NUMBER OF THE APPLICANT;
  (D) THE ADDRESS OF THE SCRAP PROCESSING FACILITY FOR WHICH  A  LICENSE
IS SOUGHT;
  (E) A STATEMENT INDICATING WHETHER THE APPLICANT OR ANY PERSON IDENTI-
FIED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION HAS:
  (I) BEEN CONVICTED OF ANY CRIME RELATING TO CONDUCT AS A SCRAP PROCES-
SOR; AND
  (II)  AT  ANY  TIME IN THE PAST BEEN ISSUED A LICENSE PURSUANT TO THIS
SECTION, AND IF SO, WHETHER SUCH LICENSE WAS EVER REVOKED OR SUSPENDED;
  (F) A CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS  IN  COMPLI-
ANCE  WITH THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION;
  (G) A COPY OF (I) THE APPLICANT'S EPA REFRIGERANT  RECOVERY  EQUIPMENT
ACQUISITION  CERTIFICATION FORM CERTIFYING THAT THE PROSPECTIVE LICENSEE
OWNS APPROVED REFRIGERANT REMOVAL EQUIPMENT, OR (II) A COPY OF  A  VALID
CONTRACT  BETWEEN  THE  APPLICANT  AND  A  CERTIFIED REFRIGERANT REMOVAL
CONTRACTOR.
  (H) A CERTIFICATION ATTESTING THAT THE SCRAP PROCESSOR IS  IN  COMPLI-
ANCE WITH REQUIREMENTS OF SECTION SIXTY-NINE-G OF THIS ARTICLE;

S. 1591--C                          3

  (I)  A SWORN STATEMENT BY THE APPLICANT THAT THE INFORMATION SET FORTH
IN THE APPLICATION IS CURRENT AND ACCURATE; AND
  (J)  A COMPLETE SET OF TWO FINGERPRINT CARDS FOR EACH OFFICER AND HIGH
MANAGERIAL AGENT  OF  THE  APPLICANT  ON  A  STANDARD  FINGERPRINT  CARD
APPROVED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH CARDS SHALL
BE RETAINED BY THE  DEPARTMENT  AND  USED  SOLELY  FOR  THE  PURPOSE  OF
CONDUCTING AN INVESTIGATION PURSUANT TO SUBDIVISION TEN OF THIS SECTION.
IF  ADDITIONAL  COPIES  OF FINGERPRINTS ARE REQUIRED THE APPLICANT SHALL
FURNISH THEM UPON REQUEST.
  4. (A) A LICENSE ISSUED  OR  RENEWED  UNDER  THE  PROVISIONS  OF  THIS
SECTION  SHALL ENTITLE A PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION
TO ACT AS A SCRAP PROCESSOR IN THE STATE OF NEW YORK FOR A PERIOD OF TWO
YEARS FROM THE EFFECTIVE DATE OF THE LICENSE. ANY LICENSE GRANTED  UNDER
THIS  SECTION MAY BE RENEWED BY THE DEPARTMENT UPON APPLICATION FOR SUCH
RENEWAL BY THE HOLDER THEREOF,  IN  SUCH  FORM  AS  THE  DEPARTMENT  MAY
PRESCRIBE.
  (B)  UPON  ORIGINAL  APPLICATION  FOR  A LICENSE TO OPERATE AS A SCRAP
PROCESSOR, THE APPLICANT SHALL PAY AN APPLICATION FEE  OF  ONE  THOUSAND
DOLLARS. UPON APPLICATION FOR A LICENSE RENEWAL, THE LICENSE SHALL PAY A
RENEWAL PROCESSING FEE OF ONE THOUSAND DOLLARS.
  (C)  THE  SECRETARY  OF STATE SHALL HAVE THE AUTHORITY TO ASSIGN STAG-
GERED EXPIRATION DATES FOR LICENSES AT  THE  TIME  OF  RENEWAL.  IF  THE
ASSIGNED  DATE  RESULTS  IN  A TERM THAT EXCEEDS TWENTY-FOUR MONTHS, THE
APPLICANT SHALL PAY AN ADDITIONAL PRORATED ADJUSTMENT TOGETHER WITH  THE
REGULAR RENEWAL FEE.
  (D)  THE  SECRETARY OF STATE SHALL ISSUE EACH SCRAP PROCESSOR A UNIQUE
LICENSE NUMBER.
  5. (A) NOTICE IN WRITING IN THE MANNER  AND  FORM  PRESCRIBED  BY  THE
DEPARTMENT  SHALL  BE  GIVEN  TO THE DEPARTMENT AT ITS OFFICES IN ALBANY
WITHIN TEN DAYS OF CHANGES OF NAME OR  ADDRESS  BY  A  REGISTERED  SCRAP
PROCESSOR.
  (B)  IN  THE  CASE OF LOSS, DESTRUCTION OR DAMAGE, THE DEPARTMENT MAY,
UPON SUBMISSION OF A REQUEST IN SUCH FORM AND MANNER AS  THE  DEPARTMENT
MAY  PRESCRIBE,  ISSUE  A DUPLICATE LICENSE UPON PAYMENT OF A FEE OF ONE
HUNDRED DOLLARS.
  6. THE FEES ESTABLISHED BY THIS SECTION SHALL NOT BE REFUNDABLE.
  7. EACH SCRAP PROCESSOR SHALL EXHIBIT THE LICENSE PRESCRIBED  BY  THIS
ARTICLE AT THE PLACE OF BUSINESS.
  8. NO PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION SHALL:
  (A) PRESENT, OR ATTEMPT TO PRESENT, THE LICENSE OF ANOTHER;
  (B)  KNOWINGLY GIVE FALSE EVIDENCE OF A MATERIAL NATURE TO THE DEPART-
MENT FOR THE PURPOSE OF PROCURING A LICENSE; OR
  (C) FALSELY REPRESENT THEMSELVES TO BE A REGISTERED SCRAP PROCESSOR.
  9. LICENSES ISSUED TO SCRAP PROCESSORS SHALL NOT  BE  TRANSFERABLE  OR
ASSIGNABLE.
  10.  (A)  THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES AND REGU-
LATIONS AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTI-
CLE.
  (B) THE SECRETARY OF  STATE  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
PROVISIONS OF THIS ARTICLE AND UPON COMPLAINT OF ANY PERSON, OR UPON THE
DEPARTMENT'S  INITIATIVE,  TO  INVESTIGATE  ANY  VIOLATION THEREOF OR TO
INVESTIGATE THE BUSINESS PRACTICES AND BUSINESS METHODS OF  ANY  PERSON,
ASSOCIATION,  PARTNERSHIP  OR  CORPORATION  APPLYING  FOR  OR  HOLDING A
LICENSE AS A SCRAP PROCESSOR. EACH SUCH APPLICANT OR REGISTRANT SHALL BE
OBLIGED ON REQUEST OF THE DEPARTMENT, TO SUPPLY SUCH INFORMATION, BOOKS,
PAPERS OR RECORDS AS MAY BE REQUIRED CONCERNING  BUSINESS  PRACTICES  OR

S. 1591--C                          4

BUSINESS  METHODS. FAILURE TO COMPLY WITH SUCH LAWFUL REQUEST SHALL BE A
GROUND FOR DENYING AN  APPLICATION  FOR  A  LICENSE,  OR  FOR  REVOKING,
SUSPENDING, OR NOT RENEWING A LICENSE ISSUED UNDER THIS ARTICLE.
  11. IN ORDER TO ASSURE THAT SCRAP PROCESSOR LICENSES ARE NOT ISSUED TO
OR  HELD  BY  UNQUALIFIED  OR UNSUITABLE PERSONS, THE SECRETARY OR STATE
MAY, CONSISTENT WITH ARTICLES TWENTY-THREE  AND  TWENTY-THREE-A  OF  THE
CORRECTION  LAW, DENY, SUSPEND OR REVOKE ANY SUCH LICENSE UPON A WRITTEN
DETERMINATION THAT SUCH ACTION IS REQUIRED TO PROTECT THE PUBLIC  HEALTH
AND SAFETY AND THAT:
  (A)  THE LICENSE HOLDER OR APPLICANT HAS BEEN FINALLY DETERMINED IN AN
ADMINISTRATIVE, CIVIL OR CRIMINAL PROCEEDING TO HAVE VIOLATED A SUBSTAN-
TIVE PROVISION OF THIS ARTICLE, ANY SUBSTANTIVE  REGULATION  PROMULGATED
PURSUANT  TO  THIS  ARTICLE,  A MATERIAL CONDITION OF ANY LICENSE ISSUED
THEREUNDER, OR OF ANY SUBSTANTIALLY SIMILAR STATUTE,  REGULATION,  ORDER
OR  LICENSE  CONDITION OF THE FEDERAL OR OTHER STATE GOVERNMENT RELATING
TO OPERATION AS A SCRAP PROCESSOR; OR
  (B) SUCH LICENSEE OR APPLICANT HAS BEEN PREVIOUSLY  DENIED  A  LICENSE
FOR THE SAME OR SUBSTANTIALLY SIMILAR ACTIVITY BASED UPON ONE OR MORE OF
THE PROVISIONS OF THIS SUBDIVISION; OR
  (C)  SUCH  LICENSE  HOLDER  OR  APPLICANT  HAS  BEEN  FOUND IN A CIVIL
PROCEEDING TO HAVE COMMITTED AN INTENTIONALLY TORTIOUS ACT  IN  RELATION
TO  OPERATIONS  AS A SCRAP PROCESSOR OR HAS BEEN CONVICTED IN A CRIMINAL
PROCEEDING OF A CRIME INVOLVING OPERATION AS A SCRAP PROCESSOR; OR
  (D) SUCH LICENSEE HAS BEEN CONVICTED OF A FELONY  UNDER  THE  LAWS  OF
THIS  STATE  INVOLVING  FRAUD,  BRIBERY,  PERJURY, OR THEFT, OR HAS BEEN
CONVICTED UNDER THE LAWS OF ANY OTHER STATE OR OF THE UNITED STATES OF A
CRIMINAL OFFENSE WHICH, IF COMMITTED AND PROSECUTED IN THIS STATE, WOULD
CONSTITUTE A SIMILAR FELONY UNDER SUCH LAWS OF THIS STATE; OR
  (E) SUCH LICENSEE IN ANY MATTER WITHIN THE JURISDICTION OF THE DEPART-
MENT HAS BEEN DETERMINED TO HAVE KNOWINGLY FALSIFIED A MATERIAL FACT, OR
KNOWINGLY SUBMITTED A FALSE STATEMENT, OR KNOWINGLY MADE USE OF A  FALSE
STATEMENT  IN  CONNECTION  WITH ANY DOCUMENT OR APPLICATION SUBMITTED TO
THE DEPARTMENT OR SAID AGENCY; OR
  (F) SUCH LICENSEE OR APPLICANT IS EITHER:
  (I) AN INDIVIDUAL WHO HAD A SUBSTANTIAL INTEREST IN OR ACTED AS A HIGH
MANAGERIAL AGENT OR DIRECTOR FOR ANY CORPORATION,  PARTNERSHIP,  ASSOCI-
ATION  OR ORGANIZATION WHICH COMMITTED AN ACT OR FAILED TO ACT, AND SUCH
ACT OR FAILURE TO ACT COULD BE THE BASIS FOR THE  DENIAL  OF  A  LICENSE
PURSUANT  TO  THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER IF SUCH
CORPORATION, PARTNERSHIP, ASSOCIATION  OR  ORGANIZATION  APPLIED  FOR  A
LICENSE UNDER THIS TITLE; OR
  (II)  A CORPORATION, PARTNERSHIP, ASSOCIATION, OR ORGANIZATION, OR ANY
PRINCIPAL THEREOF, OR ANY PERSON HOLDING A SUBSTANTIAL INTEREST THEREIN,
WHICH COMMITTED AN ACT OR FAILED TO ACT, AND SUCH ACT OR FAILURE TO  ACT
COULD  BE THE BASIS FOR THE DENIAL OF A LICENSE PURSUANT TO THIS SECTION
OR REGULATIONS PROMULGATED THEREUNDER IF SUCH CORPORATION,  PARTNERSHIP,
ASSOCIATION OR ORGANIZATION APPLIED FOR A LICENSE UNDER THIS TITLE; OR
  (III)  A  CORPORATION, PARTNERSHIP, ASSOCIATION OR ORGANIZATION OR ANY
HIGH MANAGERIAL AGENT OR DIRECTOR  THEREOF,  OR  ANY  PERSON  HOLDING  A
SUBSTANTIAL  INTEREST THEREIN, ACTING AS HIGH MANAGERIAL AGENT OR DIREC-
TOR FOR OR HOLDING A SUBSTANTIAL INTEREST IN ANOTHER CORPORATION,  PART-
NERSHIP, ASSOCIATION OR ORGANIZATION WHICH COMMITTED AN ACT OR FAILED TO
ACT, AND SUCH ACT OR FAILURE TO ACT COULD BE THE BASIS FOR THE DENIAL OF
A LICENSE PURSUANT TO THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER
HAD  SUCH  OTHER  CORPORATION,  PARTNERSHIP, ASSOCIATION OR ORGANIZATION
APPLIED FOR A LICENSE UNDER THIS TITLE.

S. 1591--C                          5

  FOR THE PURPOSES OF THIS SUBDIVISION, "HIGH MANAGERIAL AGENT" HAS  THE
SAME MEANING AS IS GIVEN THAT TERM IN SECTION 20.20 OF THE PENAL LAW.
  12.  ANY  ACT  OR FAILURE TO ACT WHICH SERVES AS A BASIS FOR DENIAL OR
REVOCATION OF A LICENSE PURSUANT TO THIS SUBDIVISION SHALL HAVE OCCURRED
WITHIN FIVE YEARS FROM THE DATE ON WHICH THE APPLICATION FOR A  LICENSE,
RENEWAL  OR MODIFICATION IS SUBMITTED TO THE DEPARTMENT OR FROM THE DATE
ON WHICH THE DEPARTMENT SERVES NOTICE OF INTENT TO REVOKE  OR  MODIFY  A
LICENSE ISSUED BY THE DEPARTMENT IN RELATION TO AN EXISTING LICENSE.
  13. ANY PERSON DENIED A LICENSE OR RENEWAL ON THE GROUNDS SPECIFIED IN
THIS  SECTION  SHALL  BE ENTITLED TO A HEARING WITHIN SIXTY DAYS OF SUCH
DENIAL IN THE CASE OF A NEW LICENSE, OR WITHIN FIFTEEN DAYS IN THE  CASE
OF A RENEWAL OF ANY EXISTING LICENSE.
  14. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL REGIS-
TERED  SCRAP  PROCESSORS,  WHICH  SHALL LIST AND IDENTIFY ON A COUNTY BY
COUNTY BASIS, ALL REGISTERED SCRAP PROCESSORS  DOING  BUSINESS  IN  THIS
STATE. THE DEPARTMENT SHALL MAKE THE REGISTRY AVAILABLE ON ITS WEBSITE.
  S  3.  Section 69-g of the general business law, as amended by chapter
302 of the laws of 2007, is amended to read as follows:
  S 69-g. Records. 1. [Such] A 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, THE name of THE seller, [his] THE SELL-
ER'S  residence OR BUSINESS 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 OR HER agent. It shall be
unlawful for any seller to refuse to  furnish  such  information  or  to
furnish  incorrect or incomplete information. Such scrap processor shall
also make and retain a copy of the government issued photographic  iden-
tification  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.
  2.  Such  records  shall  be  available  for  inspection by the police
department of the state or the municipality in which  the  establishment
is  located,  BY  THE DEPARTMENT AND BY THE LOCAL LICENSING AUTHORITY SO
DESIGNATED PURSUANT TO SUBDIVISION ONE OF SECTION SIXTY-NINE-F  OF  THIS
ARTICLE.
  3.  BY  NO  LATER  THAN SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, A SCRAP
PROCESSOR SHALL INSTALL AND MAINTAIN  IN  WORKING  ORDER  AN  ELECTRONIC
VIDEO  RECORDING  SYSTEM AT ALL SCALES AND AT ALL POINTS OF SALE LOCATED
ON THE PREMISES OF  THE  SCRAP  PROCESSING  FACILITY.  ELECTRONIC  VIDEO
RECORDS  SHALL BE MAINTAINED IN AN ELECTRONIC ARCHIVE FOR A PERIOD OF NO
LESS THAN ONE HUNDRED TWENTY DAYS FROM THE  DATE  WHEN  SUCH  ELECTRONIC
VIDEO RECORD WAS MADE.
  4.  BY  NO  LATER  THAN SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, A SCRAP
PROCESSOR SHALL MAINTAIN A RECORD THAT SAID SCRAP PROCESSOR  EITHER  (A)
POSSESSES  REFRIGERANT RECOVERY EQUIPMENT CERTIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY OR (B) HAS  EXECUTED  A  VALID  CONTRACT
WITH A REFRIGERANT REMOVAL CONTRACT CERTIFIED BY THE UNITED STATES ENVI-
RONMENTAL PROTECTION AGENCY.

S. 1591--C                          6

  S  4.  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 FOR SCRAP PROCESSORS TO SELL, OFFER FOR SALE, OR PURCHASE AS  SCRAP,
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 SUCH GOVERNMENTAL ENTITY,
UTILITY COMPANY, CEMETERY OR RAILROAD.
  S  69-J.  PREEMPTION  OF  LOCAL  LAWS.  THE  PROVISIONS  OF   SECTIONS
SIXTY-NINE-G  AND  SIXTY-NINE-H OF THIS ARTICLE SHALL PREEMPT AND SUPER-
SEDE ANY LOCAL LAW WHICH WOULD OTHERWISE REGULATE  THE  PURCHASE  AND/OR
SALE  OF  SCRAP  METAL  AND/OR  IMPOSE  RECORD  KEEPING AND/OR REPORTING
REQUIREMENTS IN A MANNER WHICH  CONFLICTS  WITH  OR  IMPOSED  ADDITIONAL
REQUIREMENTS  OTHER  THAN  THOSE  SET  FORTH THEREIN, AND/OR WHICH WOULD
REQUIRE A SCRAP PROCESSOR TO HOLD SCRAP MATERIAL FOR A SPECIFIED  PERIOD
OF  TIME  PRIOR  TO THE PROCESSING OR RE-SALE OF SUCH SCRAP MATERIAL, OR
WHICH WOULD OTHERWISE PROHIBIT THE ACCEPTANCE OF SCRAP MATERIAL.
  S 5. Section 69-i of the general business law, as added by chapter 431
of the laws of 1976 and as renumbered by section four of  this  act,  is
amended to read as follows:
  S 69-i. Penalty. 1. [Each violation of this article by a scrap proces-
sor  shall be a violation subject to a fine of not more than two hundred
dollars, unless such violation shall be wilful, in which event it  shall
be  a  misdemeanor  except,  however,  the  scrap processor shall not be
liable for any violation of this article by a seller, his  agent,  or  a
purported seller or agent.
  2.  Each violation of this article by a seller or his agent shall be a
misdemeanor.] ANY PERSON, ASSOCIATION, PARTNERSHIP  OR  CORPORATION  WHO
VIOLATES  THIS  ARTICLE  SHALL BE LIABLE FOR A CRIMINAL FINE OF NOT MORE
THAN TWO THOUSAND FIVE HUNDRED DOLLARS AND/OR IMPRISONMENT FOR A TERM OF
NOT MORE THAN FIFTEEN DAYS. A SECOND VIOLATION OF THIS ARTICLE COMMITTED
WITHIN A TEN-YEAR PERIOD SHALL BE PUNISHABLE AS A MISDEMEANOR SUBJECT TO
A CRIMINAL FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS AND/OR  IMPRISON-
MENT FOR A TERM OF NOT MORE THAN ONE YEAR.
  2.  ANY  PERSON,  ASSOCIATION, PARTNERSHIP OR CORPORATION WHO VIOLATES
THIS ARTICLE SHALL BE LIABLE FOR A MAXIMUM CIVIL PENALTY OF TWO THOUSAND
FIVE HUNDRED DOLLARS FOR A FIRST OFFENSE, FIVE THOUSAND  DOLLARS  FOR  A
SECOND  OFFENSE  WITHIN  A  TWELVE  MONTH PERIOD AND FOR A MAXIMUM CIVIL
PENALTY OF TEN THOUSAND DOLLARS FOR A  THIRD  AND  FOR  EACH  SUBSEQUENT
OFFENSE WITHIN A TWELVE-MONTH PERIOD.
  3.  IN  ANY  CRIMINAL  PROCEEDING BROUGHT PURSUANT TO THIS ARTICLE, IN
ADDITION TO A TERM OF IMPRISONMENT, WHERE A PERSON,  ASSOCIATION,  PART-
NERSHIP  OR CORPORATION 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 COMMIS-
SION OF THE OFFENSE.
  4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
IN ADDITION TO THOSE PERSONS OTHERWISE AUTHORIZED TO ENFORCE THIS  ARTI-
CLE  AND  ADJUDICATE  VIOLATIONS THEREOF, THE PROVISIONS OF THIS ARTICLE
SHALL ALSO BE ENFORCEABLE IN A CITY WITH A POPULATION OF ONE MILLION  OR
MORE  BY  AN AGENCY DESIGNATED BY A LOCAL LAW DULY ADOPTED BY SUCH CITY,
AND NOTICES OF VIOLATION MAY BE RETURNABLE TO THE ENVIRONMENTAL  CONTROL
BOARD  OF  SUCH  CITY,  WHICH  SHALL  HAVE THE POWER TO IMPOSE THE CIVIL

S. 1591--C                          7

PENALTIES HEREIN PROVIDED. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
RULE  OR  REGULATION,  SERVICE  OF  A NOTICE OF VIOLATION FOR AN ALLEGED
VIOLATION OF THIS SUBDIVISION COMMITTED IN SUCH CITY MAY  BE  MADE  UPON
ANY PERSON, ASSOCIATION, PARTNERSHIP OR CORPORATION BY FIRST CLASS MAIL,
POSTAGE  PREPAID, AND ANY SUCH NOTICE SERVED BY MAIL SHALL BE RETURNABLE
ONLY TO SUCH ENVIRONMENTAL CONTROL BOARD. SUCH SERVICE  BY  FIRST  CLASS
MAIL  SHALL  BE DEEMED COMPLETE UPON MAILING OF THE NOTICE OF VIOLATION,
UNLESS THE NOTICE OF VIOLATION IS RETURNED TO THE SENDER BY  THE  UNITED
STATES  POSTAL SERVICE FOR ANY REASON OTHER THAN REFUSAL OF DELIVERY. IN
ADDITION, ANY NOTICE OF VIOLATION FOR A VIOLATION  OF  THIS  SUBDIVISION
MAY  BE SERVED BY A MEANS PRESCRIBED IN ARTICLE THREE OF THE CIVIL PRAC-
TICE LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  RULE  OR  REGULATION,
SUCH  CIVIL  PENALTIES IMPOSED BY SUCH ENVIRONMENTAL CONTROL BOARD SHALL
BE PAID INTO THE GENERAL FUND OF SUCH CITY.
  (C) ANY FINAL ORDER ISSUED PURSUANT TO THIS SUBDIVISION BY AN ENVIRON-
MENTAL CONTROL BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR  MORE
SHALL  CONSTITUTE  A  JUDGMENT THAT MAY BE ENTERED IN ANY PLACE PROVIDED
FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE, AND MAY  BE  ENFORCED
WITHOUT COURT PROCEEDINGS IN THE SAME MANNER AS THE ENFORCEMENT OF MONEY
JUDGMENTS  ENTERED  IN  CIVIL  ACTIONS;  PROVIDED, HOWEVER, THAT NO SUCH
JUDGMENT SHALL BE ENTERED THAT EXCEEDS THE SUM OF  TWENTY-FIVE  THOUSAND
DOLLARS  FOR  EACH  PERSON,  ASSOCIATION,  PARTNERSHIP  OR  CORPORATION.
NOTWITHSTANDING THE PRECEDING SENTENCE, BEFORE A JUDGMENT BASED  UPON  A
DEFAULT  MAY  BE  SO ENTERED, SUCH ENVIRONMENTAL CONTROL BOARD MUST HAVE
NOTIFIED THE PERSON, ASSOCIATION, PARTNERSHIP OR  CORPORATION  BY  FIRST
CLASS  MAIL IN SUCH FORM AS SUCH ENVIRONMENTAL CONTROL BOARD MAY DIRECT:
(1) OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED; (2)  THAT
A  JUDGMENT WILL BE ENTERED IN ANY PLACE PROVIDED FOR THE ENTRY OF CIVIL
JUDGMENTS IN THE STATE; AND (3) THAT  ENTRY  OF  SUCH  JUDGMENT  MAY  BE
AVOIDED  BY REQUESTING A STAY OF DEFAULT FOR GOOD CAUSE SHOWN AND EITHER
REQUESTING A HEARING OR ENTERING A PLEA PURSUANT TO THE  RULES  OF  SUCH
ENVIRONMENTAL  CONTROL  BOARD  WITHIN THIRTY DAYS OF THE MAILING OF SUCH
NOTICE. NO JUDGMENT BASED UPON A DEFAULT MAY BE SO ENTERED BY THE  ENVI-
RONMENTAL  CONTROL BOARD WITHIN LESS THAN SIXTY DAYS FROM THE COMPLETION
OF SERVICE BY MAIL OF THE NOTICE OF VIOLATION AS PROVIDED  IN  PARAGRAPH
(A)  OF  THIS SUBDIVISION. ANY REQUIREMENT OF ANY PROVISION OF LAW OTHER
THAN THIS SUBDIVISION THAT RELATES TO  THE  MANNER  OF  SERVICE  OF  THE
NOTICE  OF VIOLATION THAT PRECEDES ANY FINAL ORDER OF SUCH ENVIRONMENTAL
CONTROL BOARD SHALL NOT APPLY TO A FINAL ORDER ISSUED PURSUANT  TO  THIS
SUBDIVISION.  A JUDGMENT ENTERED PURSUANT TO THIS PARAGRAPH SHALL REMAIN
IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  S 6.   This act shall take effect  on  the  first  of  September  next
succeeding  the  date  on  which  it  shall have become a law, provided,
however, that the department of state  may  take  all  steps  necessary,
including  but not limited to the promulgation of rules and regulations,
to ensure the prompt implementation of this act on its effective date.

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