Assembly Bill A4247

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4247
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the general business law and the tax law, in relation to
   the sale of junk metal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 62 of the general business law, as amended by chap-
 ter 302 of the laws of 2007, is amended to read as follows:
   § 62. Statement required from persons  selling  certain  property.  On
 purchasing  any  pig or pigs of metal, bronze or brass castings or parts
 thereof, sprues or gates or parts thereof,  copper  wire  or  brass  car
 journals,  or  metal  beer  kegs,  such  junk  dealer  shall cause to be
 subscribed by the person from whom purchased a [statement as to] WRITTEN
 MANIFEST DETAILING A DESCRIPTION OF THE GOODS, when[,]  AND  where  [and
 from  whom]  he  or  she  obtained such property, [also] THE NAME OF THE
 PERSON WHO SALVAGED THE PROPERTY AND THE NAME OF THE PERSON WHO  AUTHOR-
 IZED THE SALVAGE, his or her identity as verified by a government issued
 identification  card,  age,  residence by city, village or town, and the
 street and number thereof, if any, the driver's license number or infor-
 mation from a government issued identification card,  if  any,  of  such
 person,  and  otherwise  such  description as will reasonably locate the
 same, his or her occupation and name of his or her employer and place of
 employment or business, which statement the junk dealer shall  forthwith
 file  in  the  office  of  the chief of police of the city or village in
 which the purchase was made, if made in a city or incorporated  village,
 and  otherwise in the office of the sheriff of the county in which made.
 The junk metal dealer shall also make and retain a copy of  the  govern-
 ment issued photographic identification card used to verify the identity
 of  the  person  from whom the junk metal was purchased and shall retain
 this copy in a separate book or register for two years from the date  of
 purchase  of the junk metal and include an additional copy of this iden-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05733-01-7

 A. 4247                             2
 
 tification with the information required to be transmitted to the  chief
 of police or sheriff pursuant to this section.
   § 2.  The general business law is amended by adding a new section 63-b
 to read as follows:
   §  63-B. CASH SALES PROHIBITED. A JUNK DEALER SHALL NOT ENTER INTO ANY
 CASH TRANSACTION FOR THE PURCHASE OF ANY JUNK METAL AS DEFINED IN SUBDI-
 VISION ONE OF SECTION SIXTY OF THIS ARTICLE. PAYMENT BY  A  JUNK  DEALER
 FOR  THE  PURCHASE  OF  JUNK  METAL SHALL BE MADE BY CHECK ISSUED TO THE
 SELLER AND PAYABLE TO THE SELLER. EACH CHECK FOR PAYMENT SHALL BE MAILED
 BY THE JUNK DEALER NO SOONER THAN ONE DAY AFTER THE PURCHASE TRANSACTION
 DIRECTLY TO THE STREET ADDRESS OF  THE  SELLER.  PAYMENT  SHALL  NOT  BE
 MAILED TO A POST OFFICE BOX.
   §  3.  Section 1105 of the tax law is amended by adding a new subdivi-
 sion (g) to read as follows:
   (G) THE RECEIPTS FROM EVERY SALE OF JUNK METAL AS DEFINED BY  SUBDIVI-
 SION ONE OF SECTION SIXTY OF THE GENERAL BUSINESS LAW.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.