senate Bill S1667

2013-2014 Legislative Session

Prohibits the purchase of certain items as scrap

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

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S1667 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§69-e, 69-g & 69-i, add §§69-h & 69-j, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S3497A

S1667 - Bill Texts

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

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BILL NUMBER:S1667 REVISED 6/18/13

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

PURPOSE:
The legislation will combat the ongoing problem of scrap theft
by (1) establishing a state-wide permit for scrap metal processors to
be administered by the Secretary of State; (2) strengthening
record-keeping requirements of scrap processors and (3) increasing
penalties for violations.

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

Section 2. Establishes a state-wide licensing system for scrap
processing facilities to be administered by the Secretary of State
and provides grounds and procedures for license denial and revocation
to ensure that scrap processing facilities are operated in compliance
with applicable environmental and transactional requirements.

Specifies the record keeping requirements applicable to
scrap processing facilities, including installation of an electronic
video recording system at all
scales and at all points of sale locations.

Section 3. Prohibits the sale or purchase of certain items as scrap,
such as items bearing the markings of a municipality or a utility
company, unless offered by a duly authorized agent.

Section 4. Establishes penalties for violations of this article.
Criminal penalties are treated as a violation for a first offense and
as a misdemeanor for subsequent offenses. Civil penalties range from
$2,500 for a first offense, $5,000 for a second offense and $10,000
for a third and subsequent offense. Provides that civil violations
may be adjudicated administratively by the NYC Environmental Control
Board. A narrow and limited preemption of local laws is provided with
the intent to establish uniform transactional standards and
requirements consistently applied throughout the State.

Section 5. Provides an effective date on the one hundred eightieth
day.

JUSTIFICATION:
Scrap theft is a very real and ever growing crime.
Certain items clearly marked as property of a municipality or a
utility company should not be sold or purchased as scrap as such
items are only attainable through illegal means unless in the
possession of an authorized agent. This legislation increases
penalties on scrap processing facilities which improperly purchase

such materials and/or which neglect to obtain and maintain records
designed to both deter scrap thieves and to assist law enforcement in
the prosecution of scrap thieves. Establishment of a state-wide
licensing system will create a tool to ensure that unfit individuals
with the likelihood of abetting scrap theft will not be permitted to
own and operate scrap
processing facilities. The very limited preemption will establish
uniform transactional standards throughout the State in order to
maintain a level playing field in recognition of the significant
economic and environmental contribution of the scrap processing
industry.

LEGISLATIVE HISTORY: S. 6971A Passed Senate in 2012

FISCAL IMPLICATIONS. To be determined.

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

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

                                  1667

                       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. "GOVERNMENT ISSUED IDENTIFICATION"  MEANS  ANY  CURRENT  AND  VALID
OFFICIAL  FORM  OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, A STATE, TERRITORY, PROTECTORATE,  OR  DEPENDENCY  OF
THE  UNITED  STATES  OF  AMERICA,  A COUNTY, MUNICIPALITY OR SUBDIVISION
THEREOF, ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC  EMPLOY-
ER,  WHICH REQUIRES AND BEARS THE SIGNATURE AND PHOTOGRAPH OF THE PERSON
TO WHOM IT IS ISSUED.
  S 2. Subdivision 1 of section 69-g of the  general  business  law,  as
amended  by  chapter  302  of  the  laws  of 2007, is amended to read as
follows:
  1. Such scrap processor shall record [(i) each purchase of any pig  or
pigs  of  metal,  bronze  or  brass castings or parts thereof, sprues or
gates or parts thereof, utility wire or brass car journals, or of  metal
beer  kegs,  and  (ii)]  each  purchase  of [iron, steel] FERROUS and/or
nonferrous scrap [for a price of fifty dollars or  more,]  and  preserve
such  record  for  a  period of three years; which record shall show the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04206-02-3

S. 1667                             2

date of purchase, name of seller, [his] THE SELLER'S residence OR  BUSI-
NESS  address  [by  street,  number, city, village or town, the driver's
license number or information  from  a  government  issued  photographic
identification  card,  if any, of such person, or by such description as
will reasonably locate the seller,] AND the type and  quantity  of  such
purchase[;  and  the]. THE scrap processor shall cause such record to be
signed by the seller or his agent. It shall be unlawful for  any  seller
to  refuse to furnish such information or to furnish incorrect or incom-
plete information. Such scrap processor shall also  make  and  retain  a
copy  of  the government issued photographic identification card used to
verify the identity of [the] ANY NATURAL  person  from  whom  the  scrap
metal  was  purchased  and  shall  retain  this copy in a separate book,
register or electronic archive for [two] THREE years from  the  date  of
purchase.
  S  3.  Section  69-h of the general business law is renumbered section
69-i and two new sections 69-h and 69-j are added to read as follows:
  S 69-H. PROHIBITION ON PURCHASE OF CERTAIN ITEMS. NOTWITHSTANDING  ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
FUL  FOR  SCRAP  PROCESSING FACILITIES TO PURCHASE STREET SIGNS, FUNERAL
MARKERS, OR ANY METAL ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL ENTITY,
UTILITY COMPANY, CEMETERY OR RAILROAD UNLESS SUCH ITEMS ARE OFFERED  FOR
SALE  BY A DULY AUTHORIZED EMPLOYEE OR AGENT OF ANY GOVERNMENTAL ENTITY,
UTILITY COMPANY, CEMETERY OR RAILROAD.
  S 69-J. PREEMPTION OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE SHALL
APPLY TO ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION  OF  ONE
MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION, OR
ORDINANCE  REGARDING THE LICENSING OR REGULATION OF SCRAP PROCESSORS AND
SCRAP METAL PROCESSING FACILITIES; PROVIDED,  HOWEVER,  THAT  LOCAL  LAW
NUMBER  FIFTY  OF  THE  CITY OF NEW YORK FOR THE YEAR TWO THOUSAND SEVEN
SHALL NOT BE DEEMED TO BE PREEMPTED BY THE PROVISIONS OF THIS ARTICLE.
  S 4. Section 69-i of the general business law, as added by chapter 431
of the laws of 1976 and as renumbered by section three of this  act,  is
amended to read as follows:
  S  69-i.  Penalty.  1.  [Each] A FIRST violation of this article [by a
scrap processor] shall be PUNISHABLE AS a violation subject to a fine of
not more than two [hundred] THOUSAND  dollars[,  unless  such  violation
shall be wilful, in which event it shall be a misdemeanor except, howev-
er,  the  scrap  processor shall not be liable for any violation of this
article by a seller, his agent, or a purported seller or agent.]  AND/OR
IMPRISONMENT  FOR  A  TERM  OF  NOT MORE THAN FIFTEEN DAYS.  A SECOND OR
SUBSEQUENT VIOLATION OF THIS ARTICLE SHALL BE PUNISHABLE AS A  MISDEMEA-
NOR  SUBJECT  TO  A  FINE  OF NOT MORE THAN FIVE THOUSAND DOLLARS AND/OR
IMPRISONMENT FOR A TERM OF NOT MORE THAN ONE YEAR. A  CONVICTION  FOR  A
THIRD VIOLATION OF THIS ARTICLE COMMITTED WITHIN A TEN YEAR PERIOD SHALL
BE PUNISHABLE AS A CLASS E FELONY.
  2. [Each violation of this article by a seller or his agent shall be a
misdemeanor.]  IN ADDITION TO A TERM OF IMPRISONMENT, WHERE A PERSON HAS
GAINED MONEY OR PROPERTY THROUGH A VIOLATION OF THIS ARTICLE THE  COURT,
UPON CONVICTION THEREOF, IN LIEU OF IMPOSING THE FINE AUTHORIZED FOR THE
OFFENSE UNDER SUBDIVISION ONE OF THIS SECTION MAY SENTENCE THE DEFENDANT
TO PAY AN AMOUNT, FIXED BY THE COURT, NOT EXCEEDING DOUBLE THE AMOUNT OF
THE DEFENDANT'S GAIN FROM THE COMMISSION OF THE OFFENSE.
  S  5.    This  act  shall take effect on the one hundred eightieth day
after it shall have become a law.

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