Bill Text: NY A05685 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the sale of junk metals; provides for the taxation thereof.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2013-03-05 - referred to economic development [A05685 Detail]

Download: New_York-2013-A05685-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5685
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2013
                                      ___________
       Introduced by M. of A. REILICH, HAWLEY, BUTLER, McKEVITT, GRAF, NOJAY --
         read once and referred to the Committee 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:
    1    Section 1. Section 62 of the general business law, as amended by chap-
    2  ter 302 of the laws of 2007, is amended to read as follows:
    3    S 62. Statement required from persons  selling  certain  property.  On
    4  purchasing  any  pig or pigs of metal, bronze or brass castings or parts
    5  thereof, sprues or gates or parts thereof,  copper  wire  or  brass  car
    6  journals,  or  metal  beer  kegs,  such  junk  dealer  shall cause to be
    7  subscribed by the person from whom purchased a [statement as to] WRITTEN
    8  MANIFEST DETAILING A DESCRIPTION OF THE GOODS, when[,]  AND  where  [and
    9  from  whom]  he  or  she  obtained such property, [also] THE NAME OF THE
   10  PERSON WHO SALVAGED THE PROPERTY AND THE NAME OF THE PERSON WHO  AUTHOR-
   11  IZED THE SALVAGE, his or her identity as verified by a government issued
   12  identification  card,  age,  residence by city, village or town, and the
   13  street and number thereof, if any, the driver's license number or infor-
   14  mation from a government issued identification card,  if  any,  of  such
   15  person,  and  otherwise  such  description as will reasonably locate the
   16  same, his or her occupation and name of his or her employer and place of
   17  employment or business, which statement the junk dealer shall  forthwith
   18  file  in  the  office  of  the chief of police of the city or village in
   19  which the purchase was made, if made in a city or incorporated  village,
   20  and  otherwise in the office of the sheriff of the county in which made.
   21  The junk metal dealer shall also make and retain a copy of  the  govern-
   22  ment issued photographic identification card used to verify the identity
   23  of  the  person  from whom the junk metal was purchased and shall retain
   24  this copy in a separate book or register for two years from the date  of
   25  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.
                                                                  LBD08820-01-3
       A. 5685                             2
    1  tification with the information required to be transmitted to the  chief
    2  of police or sheriff pursuant to this section.
    3    S 2.  The general business law is amended by adding a new section 63-b
    4  to read as follows:
    5    S  63-B. CASH SALES PROHIBITED. A JUNK DEALER SHALL NOT ENTER INTO ANY
    6  CASH TRANSACTION FOR THE PURCHASE OF ANY JUNK METAL AS DEFINED IN SUBDI-
    7  VISION ONE OF SECTION SIXTY OF THIS ARTICLE. PAYMENT BY  A  JUNK  DEALER
    8  FOR  THE  PURCHASE  OF  JUNK  METAL SHALL BE MADE BY CHECK ISSUED TO THE
    9  SELLER AND PAYABLE TO THE SELLER. EACH CHECK FOR PAYMENT SHALL BE MAILED
   10  BY THE JUNK DEALER NO SOONER THAN ONE DAY AFTER THE PURCHASE TRANSACTION
   11  DIRECTLY TO THE STREET ADDRESS OF  THE  SELLER.  PAYMENT  SHALL  NOT  BE
   12  MAILED TO A POST OFFICE BOX.
   13    S  3.  Section 1105 of the tax law is amended by adding a new subdivi-
   14  sion (g) to read as follows:
   15    (G) THE RECEIPTS FROM EVERY SALE OF JUNK METAL AS DEFINED BY  SUBDIVI-
   16  SION ONE OF SECTION SIXTY OF THE GENERAL BUSINESS LAW.
   17    S  4.  This  act shall take effect on the ninetieth day after it shall
   18  have become a law.