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

                                 5355--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

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

AN  ACT  to  amend  the general business law, in relation to the sale of
  governmental signage or other metal property

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

  Section 1. Section 60 of the general business law is amended by adding
two new subdivisions 4 and 5 to read as follows:
  4.  "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 OF THE PERSON TO WHOM  IT  IS
ISSUED;  PROVIDED,  HOWEVER,  THAT A SOCIAL SECURITY ACCOUNT NUMBER CARD
SHALL NOT BE CONSIDERED TO BE GOVERNMENT ISSUED IDENTIFICATION  FOR  THE
PURPOSES OF THIS ARTICLE.
  5.  "GOVERNMENT  ENTITY  SIGNS" MEANS TRAFFIC CONTROL DEVICES OR SIGNS
USED WITHIN THE STATE ON STREETS, HIGHWAYS, BIKEWAYS, AND PRIVATE  ROADS
OPEN  TO  PUBLIC  TRAVEL  AS DESCRIBED IN THE NATIONAL MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS (MUTCD) AND/OR 17 NYCRR
CHAPTER V.
  S 2. The general business law is amended by adding a new section  63-b
to read as follows:
  S  63-B.  PROHIBITION ON SALE OF GOVERNMENT ENTITY SIGNS OR HISTORICAL
MARKERS. 1.  NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, IT SHALL BE UNLAWFUL TO SELL, OFFER FOR SALE, OR  PURCHASE
AS  SCRAP,  ANY OF THE FOLLOWING ITEMS UNLESS SUCH ITEMS ARE OFFERED FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10845-04-5

              

S. 5355--A                          2

SALE, SOLD OR PURCHASED AS SCRAP BY A DULY AUTHORIZED EMPLOYEE OR  AGENT
OF A GOVERNMENTAL ENTITY ACTING IN HIS OR HER OFFICIAL CAPACITY:
  (A) STREET SIGNS;
  (B) HISTORICAL MARKERS; OR
  (C) GOVERNMENT ENTITY SIGNS.
  2.  A DULY AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY SELL-
ING, OFFERING FOR SALE OR PURCHASING AS SCRAP ANY OF THE ITEMS DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION SHALL  PROVIDE  WRITTEN  EVIDENCE  OF
AUTHORIZATION  TO DO SO PRIOR TO ENTERING INTO ANY TRANSACTION. EVIDENCE
OF AUTHORIZATION SHALL BE IN THE FORM OF A STATEMENT WHICH COMPLIES WITH
THE FOLLOWING REQUIREMENTS:
  (A) THE STATEMENT SHALL BE WITNESSED BY THE CLERK OR SECRETARY OF  THE
MUNICIPALITY  OR  GOVERNMENT ENTITY AUTHORIZING THE SALE OR PURCHASE AND
SHALL HAVE THE RAISED SEAL OF THE  GOVERNMENT  ENTITY  AFFIXED  TO  SUCH
AUTHORIZATION;
  (B)  THE  STATEMENT SHALL INCLUDE AN ITEMIZED LIST OF THE MATERIALS TO
BE SOLD, OFFERED FOR SALE OR PURCHASED; AND
  (C) THE STATEMENT SHALL SPECIFY THE NAME OF THE AUTHORIZED EMPLOYEE OR
AGENT OF THE GOVERNMENT ENTITY.
  3. ANY JUNK DEALER PURCHASING ANY ITEM SPECIFIED IN SUBDIVISION ONE OF
THIS SECTION SHALL, AT THE TIME OF THE TRANSACTION:
  (A) MAKE A COPY OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION;
  (B) MAKE A COPY OF THE SELLER'S PROOF OF AUTHORIZATION  TO  SELL  SUCH
ITEMS;
  (C)  EXECUTE  A  STATEMENT  WHICH  SHALL  INCLUDE THE DRIVER'S LICENSE
NUMBER OR INFORMATION FROM A GOVERNMENT ISSUED IDENTIFICATION  CARD,  IF
ANY,  OF SUCH PERSON AND THE LICENSE PLATE AND/OR VEHICLE IDENTIFICATION
NUMBER OF THE VEHICLE OR VEHICLES USED TO  TRANSPORT  THE  ITEMS  TO  BE
SOLD; AND
  (D)  ENSURE  THAT  THE SELLER SIGNS THE STATEMENT REFERRED TO IN PARA-
GRAPH (C) OF THIS SUBDIVISION.
  4. THE JUNK DEALER SHALL RETAIN A COPY OF THE STATEMENT  DESCRIBED  IN
SUBDIVISION  THREE  OF  THIS  SECTION  FOR  TWO  YEARS  FROM THE DATE OF
PURCHASE.
  5. IT SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO  FURNISH  INFORMA-
TION  OR  TO  FURNISH INCORRECT OR INCOMPLETE INFORMATION AS REQUIRED TO
PROPERLY COMPLETE THE STATEMENT DESCRIBED IN SUBDIVISION THREE  OF  THIS
SECTION.
  6.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A TERM  OF  IMPRISONMENT
NOT  TO  EXCEED  ONE  YEAR OR BE ORDERED TO PAY A FINE NOT EXCEEDING ONE
THOUSAND DOLLARS OR BOTH SUCH FINE  AND  IMPRISONMENT.  IN  ADDITION  TO
OTHER  PENALTIES IMPOSED, ANY JUNK DEALER WHO VIOLATES THE PROVISIONS OF
THIS SECTION SHALL FORFEIT HIS OR HER LICENSE TO DO BUSINESS.
  7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  CITIES  OF  THE
FIRST CLASS.
  S  3.  Section  64  of  the general business law is amended to read as
follows:
  S 64. Penalty. [Each] UNLESS OTHERWISE SPECIFIED IN  THIS  ARTICLE,  A
violation  of  ANY PROVISION OF this article, either by the junk dealer,
OR BY the agent or servant thereof, and each false statement made in  or
on  any  statement  or  tag  [above mentioned] DESCRIBED IN THIS ARTICLE
shall be a misdemeanor and the person convicted shall,  in  addition  to
other penalties imposed, forfeit his OR HER license to do business. [But
nothing herein contained shall] THE PROVISIONS OF THIS SECTION SHALL NOT
apply to cities of the first class.

S. 5355--A                          3

  S 4. Section 69-e of the general business law is amended by adding two
new subdivisions 3 and 4 to read as follows:
  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 OF THE PERSON TO WHOM  IT  IS
ISSUED;  PROVIDED,  HOWEVER,  THAT A SOCIAL SECURITY ACCOUNT NUMBER CARD
SHALL NOT BE CONSIDERED TO BE GOVERNMENT ISSUED IDENTIFICATION  FOR  THE
PURPOSES OF THIS ARTICLE.
  4.  "GOVERNMENT  ENTITY  SIGNS" MEANS TRAFFIC CONTROL DEVICES OR SIGNS
USED WITHIN THE STATE ON STREETS, HIGHWAYS, BIKEWAYS, AND PRIVATE  ROADS
OPEN  TO  PUBLIC  TRAVEL  AS DESCRIBED IN THE NATIONAL MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS (MUTCD) AND/OR 17 NYCRR
CHAPTER V.
  S 5. The general business law is amended by adding a new section  69-i
to read as follows:
  S  69-I.  PROHIBITION ON SALE OF GOVERNMENT ENTITY SIGNS OR HISTORICAL
MARKERS. 1. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY,  IT  SHALL  BE  UNLAWFUL FOR ANY SCRAP PROCESSOR TO SELL,
OFFER FOR SALE, OR PURCHASE AS SCRAP, ANY OF THE FOLLOWING ITEMS  UNLESS
SUCH  ITEMS  ARE  OFFERED FOR SALE, SOLD OR PURCHASED AS SCRAP BY A DULY
AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY ACTING IN  HIS  OR
HER OFFICIAL CAPACITY:
  (A) STREET SIGNS;
  (B) HISTORICAL MARKERS; OR
  (C) GOVERNMENT ENTITY SIGNS.
  2.  A DULY AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY SELL-
ING, OFFERING FOR SALE OR PURCHASING AS SCRAP ANY OF THE ITEMS DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION SHALL  PROVIDE  WRITTEN  EVIDENCE  OF
AUTHORIZATION  TO DO SO PRIOR TO ENTERING INTO ANY TRANSACTION. EVIDENCE
OF AUTHORIZATION SHALL BE IN THE FORM OF A STATEMENT WHICH COMPLIES WITH
THE FOLLOWING REQUIREMENTS:
  (A) THE STATEMENT SHALL BE WITNESSED BY THE CLERK OR SECRETARY OF  THE
MUNICIPALITY  OR  GOVERNMENT ENTITY AUTHORIZING THE SALE OR PURCHASE AND
SHALL HAVE THE RAISED SEAL OF THE  GOVERNMENT  ENTITY  AFFIXED  TO  SUCH
AUTHORIZATION;
  (B)  THE  STATEMENT SHALL INCLUDE AN ITEMIZED LIST OF THE MATERIALS TO
BE SOLD, OFFERED FOR SALE OR PURCHASED; AND
  (C) THE STATEMENT SHALL SPECIFY THE NAME OF THE AUTHORIZED EMPLOYEE OR
AGENT OF THE GOVERNMENT ENTITY.
  3. ANY SCRAP PROCESSOR PURCHASING ANY ITEM  SPECIFIED  IN  SUBDIVISION
ONE OF THIS SECTION SHALL, AT THE TIME OF THE TRANSACTION:
  (A) MAKE A COPY OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION;
  (B)  MAKE  A  COPY OF THE SELLER'S PROOF OF AUTHORIZATION TO SELL SUCH
ITEMS;
  (C) EXECUTE A STATEMENT  WHICH  SHALL  INCLUDE  THE  DRIVER'S  LICENSE
NUMBER  OR  INFORMATION FROM A GOVERNMENT ISSUED IDENTIFICATION CARD, IF
ANY, OF SUCH PERSON AND THE LICENSE PLATE AND/OR VEHICLE  IDENTIFICATION
NUMBER  OF  THE  VEHICLE  OR  VEHICLES USED TO TRANSPORT THE ITEMS TO BE
SOLD; AND
  (D) ENSURE THAT THE SELLER SIGNS THE STATEMENT REFERRED  TO  IN  PARA-
GRAPH (C) OF THIS SUBDIVISION.

S. 5355--A                          4

  4.  THE SCRAP PROCESSOR SHALL RETAIN A COPY OF THE STATEMENT DESCRIBED
IN SUBDIVISION THREE OF THIS SECTION FOR TWO  YEARS  FROM  THE  DATE  OF
PURCHASE.
  5.  IT  SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO FURNISH INFORMA-
TION OR TO FURNISH INCORRECT OR INCOMPLETE INFORMATION  AS  REQUIRED  TO
PROPERLY  COMPLETE  THE STATEMENT DESCRIBED IN SUBDIVISION THREE OF THIS
SECTION.
  6. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
GUILTY  OF  A MISDEMEANOR AND SHALL BE SUBJECT TO A TERM OF IMPRISONMENT
NOT TO EXCEED ONE YEAR OR BE ORDERED TO PAY A  FINE  NOT  EXCEEDING  ONE
THOUSAND  DOLLARS  OR  BOTH  SUCH  FINE AND IMPRISONMENT. IN ADDITION TO
OTHER PENALTIES IMPOSED, ANY SCRAP PROCESSOR WHO VIOLATES THE PROVISIONS
OF THIS SECTION SHALL FORFEIT HIS OR HER LICENSE TO DO BUSINESS.
  7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  CITIES  OF  THE
FIRST CLASS.
  S  6.  This  act shall take effect on the thirtieth day after it shall
have become a law.