LBD13225-03-5
A. 8675--A 2
DAMAGES or makes connection with property of a [gas, electric, sewer,
steam or water-works corporation, telephone or telegraph corporation,
common carrier, nuclear powered electric generating facility, or public
utility operated by a municipality or district; except that in any pros-
ecution under this section, it is an affirmative defense that the
defendant did not engage in such conduct for a larcenous or otherwise
unlawful or wrongful purpose] CRITICAL INFRASTRUCTURE PROVIDER.
Criminal tampering in the second degree is a class A misdemeanor.
§ 3. Section 145.20 of the penal law, as amended by chapter 585 of the
laws of 2006, is amended to read as follows:
§ 145.20 Criminal tampering in the first degree.
1. FOR PURPOSES OF THIS SECTION, A "CRITICAL INFRASTRUCTURE PROVIDER"
SHALL MEAN A UTILITY COMPANY AS DEFINED IN SUBDIVISION TWENTY-THREE OF
SECTION TWO OF THE PUBLIC SERVICE LAW, AN ELECTRIC PLANT AS DEFINED IN
SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC SERVICE LAW, A CABLE
TELEVISION COMPANY AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED
TWELVE OF THE PUBLIC SERVICE LAW, AN INTERNET SERVICE PROVIDER AS
DEFINED IN PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWEN-
TY-FOUR-C OF THE PUBLIC SERVICE LAW, A CELLULAR TELEPHONE COMPANY, ANY
OTHER PERSON OR ENTITY PROVIDING VOICE OR DATA COMMUNICATIONS SERVICES
TO THE PUBLIC, REGARDLESS OF ITS REGULATORY STATUS UNDER STATE OR FEDER-
AL LAW, OR A PUBLIC UTILITY AUTHORITY SUBJECT TO THE PROVISIONS OF ARTI-
CLE FIVE OF THE PUBLIC AUTHORITIES LAW.
2. A person is guilty of criminal tampering in the first degree when,
with intent to cause a substantial interruption or impairment of a
service rendered to the public, and having no right to do so nor any
reasonable ground to believe that [he or she] SUCH PERSON has such
right, [he or she] SUCH PERSON damages or tampers with property of a
[gas, electric, sewer, steam or water-works corporation, telephone or
telegraph corporation, common carrier, nuclear powered electric generat-
ing facility, or public utility operated by a municipality or district]
CRITICAL INFRASTRUCTURE PROVIDER, and thereby causes such substantial
interruption or impairment of service.
Criminal tampering in the first degree is a class D felony.
§ 4. Section 62 of the general business law, as amended by chapter 302
of the laws of 2007, is amended to read as follows:
§ 62. Statement required from persons selling certain property. 1. On
purchasing any pig or pigs of metal, bronze or brass castings or parts
thereof, sprues or gates or parts thereof, copper wire, TUBING OR CABLE,
or brass car journals, or metal beer kegs, such junk dealer shall:
(A) cause to be subscribed by the person from whom purchased a state-
ment [as to] SETTING FORTH: (I) THE DATE OF THE PURCHASE, (II) when,
where and from whom [he or she] SUCH PERSON obtained such property OR
OTHER PROOF OF AUTHORIZATION TO SELL SUCH ITEMS, [also his or her] (III)
SUCH PERSON'S identity as verified by a government issued identification
card, (IV) SUCH PERSON'S age, residence ADDRESS by city, village or
town, and the street and number thereof, if any, (V) the driver's
license number or SIMILAR information from ANOTHER FORM OF a government
issued PHOTOGRAPHIC identification card, if any, of such person, and
[otherwise such description as will reasonably locate the same, his or
her] (VI) SUCH PERSON'S occupation and name of [his or her] SUCH
PERSON'S employer and place of employment or business[, which statement
the junk dealer shall];
(B) forthwith file SUCH STATEMENT in the office of the chief of police
of the city or village in which the purchase was made, if made in a city
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or incorporated village, and otherwise in the office of the sheriff of
the county in which made[. The junk metal dealer shall also]; AND
(C) make and retain a copy of the government issued photographic iden-
tification 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 identification with the informa-
tion required to be transmitted to the chief of police or sheriff pursu-
ant to this section.
2. FOR THE PURPOSES OF THIS SECTION, "GOVERNMENT ISSUED IDENTIFICA-
TION" 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 EMPLOYER, WHICH REQUIRES AND BEARS THE SIGNATURE
AND PHOTOGRAPH OF THE PERSON TO WHOM IT IS ISSUED.
§ 5. The general business law is amended by adding a new section 63-b
to read as follows:
§ 63-B. PROHIBITION ON SALE OF CERTAIN ITEMS. 1. NOTWITHSTANDING ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
FUL TO SELL, OFFER FOR SALE, OR PURCHASE AS JUNK, METAL THAT: (A) IS
MARKED WITH THE NAME, LOGO, OR INITIALS OF A CRITICAL INFRASTRUCTURE
PROVIDER, AS SUCH TERM IS DEFINED IN SUBDIVISION THREE OF THIS SECTION;
(B) HAS BEEN ALTERED FOR THE PURPOSE OF REMOVING, CONCEALING, OR OBLIT-
ERATING SUCH NAME, LOGO, OR INITIALS THROUGH BURNING OR CUTTING OF WIRE
SHEATHING OR OTHER MEANS; OR (C) IS A WIRE OR CABLE OF A TYPE COMMONLY
USED BY COMMUNICATIONS AND ELECTRICAL UTILITIES.
2. THIS SECTION SHALL NOT APPLY TO THE SALE, OFFER FOR SALE, OR
PURCHASE AS JUNK, OF SUCH ITEMS BY A DULY AUTHORIZED EMPLOYEE OR REPRE-
SENTATIVE OF A CRITICAL INFRASTRUCTURE PROVIDER ACTING IN THEIR OFFICIAL
CAPACITY.
3. FOR PURPOSES OF THIS SECTION, A "CRITICAL INFRASTRUCTURE PROVIDER"
SHALL MEAN A UTILITY COMPANY AS DEFINED IN SUBDIVISION TWENTY-THREE OF
SECTION TWO OF THE PUBLIC SERVICE LAW, AN ELECTRIC PLANT AS DEFINED IN
SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC SERVICE LAW, A CABLE
TELEVISION COMPANY AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED
TWELVE OF THE PUBLIC SERVICE LAW, AN INTERNET SERVICE PROVIDER AS
DEFINED IN PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWEN-
TY-FOUR-C OF THE PUBLIC SERVICE LAW, A CELLULAR TELEPHONE COMPANY, ANY
OTHER PERSON OR ENTITY PROVIDING VOICE OR DATA COMMUNICATIONS SERVICES
TO THE PUBLIC, REGARDLESS OF ITS REGULATORY STATUS UNDER STATE OR FEDER-
AL LAW, OR A PUBLIC UTILITY AUTHORITY SUBJECT TO THE PROVISIONS OF ARTI-
CLE FIVE OF THE PUBLIC AUTHORITIES LAW.
§ 6. Section 64 of the general business law is amended to read as
follows:
§ 64. Penalty. Each violation of this article, either by the junk
dealer, the agent or servant thereof, and each false statement made in
or on any statement or tag above mentioned shall be a misdemeanor [and].
WHENEVER A JUNK DEALER COMMITS A MISDEMEANOR UNDER THIS ARTICLE, the
person convicted shall, in addition to other penalties imposed, forfeit
[his] THEIR license to do business. [But nothing herein contained shall
apply to cities of the first class.]
§ 7. Section 69-e of the general business law, as added by chapter 431
of the laws of 1976, is amended to read as follows:
§ 69-e. Definitions. FOR THE PURPOSES OF THIS ARTICLE:
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1. "Scrap metal processing facility" shall mean an establishment
engaged primarily in the purchase, processing and shipment 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] FOUND-
RIES, 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.
§ 8. Section 69-g of the general business law, as amended by chapter
302 of the laws of 2007, is amended to read as follows:
§ 69-g. Records. 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] COPPER wire, CABLE
OR TUBING or brass car journals, or of metal beer kegs, and (ii) each
purchase of iron, steel 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].
2. THE RECORD REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL
INCLUDE A STATEMENT SUBSCRIBED BY THE SELLER SETTING FORTH (I) THE DATE
OF THE PURCHASE AND THE TYPE AND QUANTITY OF MATERIAL PURCHASED, (II)
WHEN, WHERE, AND FROM WHOM THE SELLER OBTAINED SUCH PROPERTY, OR OTHER
PROOF OF AUTHORIZATION TO SELL SUCH ITEMS, (III) THE SELLER'S IDENTITY
AS VERIFIED BY A GOVERNMENT ISSUED IDENTIFICATION CARD, (IV) THE SELL-
ER'S residence address by street, number, city, village or town, AND (V)
the driver's license number or SIMILAR information from ANOTHER FORM OF
a government issued [photographic] identification card, if any, of such
person[, or by such description as will reasonably locate the seller,
the type and quantity of such purchase; and 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 incomplete information].
3. Such scrap processor shall also make and retain a copy of the
government issued photographic identification card used to verify the
identity of the person from whom the scrap metal was purchased and shall
retain this copy in a separate book, register or electronic archive for
two years from the date of purchase.
[2.] 4. Such records shall be available for inspection by the police
department of the state or the municipality in which the establishment
is located.
§ 9. Section 69-h of the general business law, as added by chapter 431
of the laws of 1976, is renumbered section 69-i and is amended to read
as follows:
§ 69-i. Penalty. 1. Each violation of this article by a scrap process-
or 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.
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2. [Each violation of this article by a seller or his agent shall be
a] WHENEVER A SCRAP PROCESSOR COMMITS A misdemeanor UNDER THIS ARTICLE,
THE PERSON CONVICTED SHALL, IN ADDITION TO OTHER PENALTIES IMPOSED,
FORFEIT THEIR LICENSE TO DO BUSINESS.
§ 10. The general business law is amended by adding a new section 69-h
to read as follows:
§ 69-H. PROHIBITION ON SALE OF CERTAIN ITEMS. 1. 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, METAL THAT: (I) IS
MARKED WITH THE NAME, LOGO, OR INITIALS OF A CRITICAL INFRASTRUCTURE
PROVIDER, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 145.15
OF THE PENAL LAW; (II) HAS BEEN ALTERED FOR THE PURPOSE OF REMOVING,
CONCEALING, OR OBLITERATING SUCH NAME, LOGO, OR INITIALS THROUGH BURNING
OR CUTTING OF WIRE SHEATHING OR OTHER MEANS; OR (III) IS A WIRE OR CABLE
OF A TYPE COMMONLY USED BY CRITICAL INFRASTRUCTURE PROVIDERS.
2. THIS SECTION SHALL NOT APPLY TO THE SALE, OFFER FOR SALE, OR
PURCHASE AS SCRAP, OF SUCH ITEMS BY A DULY AUTHORIZED EMPLOYEE OR REPRE-
SENTATIVE OF A CRITICAL INFRASTRUCTURE PROVIDER ACTING IN THEIR OFFICIAL
CAPACITY.
§ 11. This act shall take effect on the ninetieth day after it shall
have become a law.