Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 14, 2018 |
referred to economic development delivered to assembly passed senate |
Apr 23, 2018 |
advanced to third reading |
Apr 18, 2018 |
2nd report cal. |
Apr 17, 2018 |
1st report cal.771 |
Feb 06, 2018 |
reported and committed to finance |
Jan 03, 2018 |
referred to consumer protection returned to senate died in assembly |
May 24, 2017 |
referred to economic development delivered to assembly passed senate |
May 15, 2017 |
advanced to third reading |
May 10, 2017 |
2nd report cal. |
May 09, 2017 |
1st report cal.875 |
Feb 14, 2017 |
reported and committed to finance |
Jan 04, 2017 |
referred to consumer protection |
Senate Bill S208
2017-2018 Legislative Session
Relates to the sale of governmental signage or other metal property
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 14, 2018
aye (60)- Addabbo Jr.
- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Bonacic
- Boyle
- Breslin
- Brooks
- Carlucci
- Comrie
- DeFrancisco
- Dilan
- Felder
- Flanagan
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Hoylman-Sigal
- Jacobs
- Kaminsky
- Kavanagh
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Little
- Marcellino
- Marchione
- Mayer
- Montgomery
- Murphy
- O'Mara
- Ortt
- Parker
- Peralta
- Persaud
- Phillips
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Seward
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
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Floor Vote: May 24, 2017
aye (61)- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Bonacic
- Boyle
- Breslin
- Brooks
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Hoylman-Sigal
- Jacobs
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Montgomery
- Murphy
- O'Mara
- Ortt
- Parker
- Peralta
- Persaud
- Phillips
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
excused (1)
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Apr 17, 2018 - Finance Committee Vote
S20837Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Apr 17, 2018
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May 9, 2017 - Finance Committee Vote
S20837Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: May 9, 2017
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Feb 6, 2018 - Consumer Protection Committee Vote
S20811Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(R, C, IP, RFM) Senate District
(R) Senate District
(R, C, IP) Senate District
2017-S208 (ACTIVE) - Details
2017-S208 (ACTIVE) - Sponsor Memo
BILL NUMBER: S208 TITLE OF BILL : An act to amend the general business law, in relation to the sale of governmental signage or other metal property PURPOSE : To prohibit and preclude the sale of government entity signs or historical markers without authorization of the government entity. SUMMARY OF PROVISIONS : Section 1 amends section 60 of the general business law by adding a new subdivision 4 which defines "government issued identification" and "government entity signs". Section 2 amends section 63 of the general business law which pertains to Junk Dealers by adding a new section 63-b entitled the Prohibition on Sale of Government Entity Signs or historical markers. Section 3 amends section 64 of the general business law to include the provision pertaining to the prohibition on sale of government entity signs or historical markers as a misdemeanor in this penalty section of the law pertaining to Junk Dealers.
Section 4 amends section 69-e of the general business law which pertains to Scrap Processors, by defining "government issued identification" and "government entity signs". Section 5 adds a new section 69-i to the general business law which pertains to Scrap Processors and is entitled the Prohibition on Sale of Government Entity Signs or historical markers. JUSTIFICATION : Town pocketbooks are hurting from the theft of stolen street and traffic signs. This plague involves the sale of stolen municipal signs to junk and scrap dealers for scrap. In many cases this money is then being used to purchase drugs. It costs taxpayers $200 to replace each sign. Not only is the cost of sign replacement an issue, but missing signs are an endangerment to public safety. This legislation requires junk and scrap dealers to accept municipal property from properly authorized government employees or agents and establishes penalties, not only for the people taking the signs, but also for the people knowingly accepting these signs. LEGISLATIVE HISTORY : 2016: Passed Senate FISCAL IMPLICATIONS : This is intended to save our local governments the expense of replacing stolen signs. EFFECTIVE DATE : Thirty days after it shall become law.
2017-S208 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 208 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ Introduced by Sens. MARCHIONE, CROCI, RANZENHOFER -- 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 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. § 2. The general business law is amended by adding a new section 63-b to read as follows: § 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.
LBD02963-01-7 S. 208 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. § 3. Section 64 of the general business law is amended to read as follows: § 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. 208 3 § 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. § 5. The general business law is amended by adding a new section 69-i to read as follows: § 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. 208 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. § 6. This act shall take effect on the thirtieth day after it shall have become a law.
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