Bill Text: NY S01667 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits the sale or purchase of certain items as scrap; street signs, funeral markers, government entity, utility, cemetery or railroad items; preempts local laws.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CONSUMER PROTECTION [S01667 Detail]

Download: New_York-2013-S01667-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1667
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. GRISANTI, MAZIARZ -- 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 prohibiting the
         purchase of certain items as scrap
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 69-e of the general business law, as added by chap-
    2  ter 431 of the laws of 1976, is amended to read as follows:
    3    S  69-e.  Definitions. 1. "Scrap metal processing facility" shall mean
    4  an establishment engaged primarily in the purchase, processing and ship-
    5  ment of ferrous and/or non-ferrous scrap, the end product  of  which  is
    6  the  production  of raw material for remelting purposes for steel mills,
    7  [foundaries] FOUNDRIES, smelters, refiners, and similar users.
    8    2. "Scrap processor" shall mean any person,  association,  partnership
    9  or  corporation  operating  and  maintaining  a  "scrap metal processing
   10  facility".
   11    3. "GOVERNMENT ISSUED IDENTIFICATION"  MEANS  ANY  CURRENT  AND  VALID
   12  OFFICIAL  FORM  OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF THE UNITED
   13  STATES OF AMERICA, A STATE, TERRITORY, PROTECTORATE,  OR  DEPENDENCY  OF
   14  THE  UNITED  STATES  OF  AMERICA,  A COUNTY, MUNICIPALITY OR SUBDIVISION
   15  THEREOF, ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC  EMPLOY-
   16  ER,  WHICH REQUIRES AND BEARS THE SIGNATURE AND PHOTOGRAPH OF THE PERSON
   17  TO WHOM IT IS ISSUED.
   18    S 2. Subdivision 1 of section 69-g of the  general  business  law,  as
   19  amended  by  chapter  302  of  the  laws  of 2007, is amended to read as
   20  follows:
   21    1. Such scrap processor shall record [(i) each purchase of any pig  or
   22  pigs  of  metal,  bronze  or  brass castings or parts thereof, sprues or
   23  gates or parts thereof, utility wire or brass car journals, or of  metal
   24  beer  kegs,  and  (ii)]  each  purchase  of [iron, steel] FERROUS and/or
   25  nonferrous scrap [for a price of fifty dollars or  more,]  and  preserve
   26  such  record  for  a  period of three years; which record shall show the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04206-02-3
       S. 1667                             2
    1  date of purchase, name of seller, [his] THE SELLER'S residence OR  BUSI-
    2  NESS  address  [by  street,  number, city, village or town, the driver's
    3  license number or information  from  a  government  issued  photographic
    4  identification  card,  if any, of such person, or by such description as
    5  will reasonably locate the seller,] AND the type and  quantity  of  such
    6  purchase[;  and  the]. THE scrap processor shall cause such record to be
    7  signed by the seller or his agent. It shall be unlawful for  any  seller
    8  to  refuse to furnish such information or to furnish incorrect or incom-
    9  plete information. Such scrap processor shall also  make  and  retain  a
   10  copy  of  the government issued photographic identification card used to
   11  verify the identity of [the] ANY NATURAL  person  from  whom  the  scrap
   12  metal  was  purchased  and  shall  retain  this copy in a separate book,
   13  register or electronic archive for [two] THREE years from  the  date  of
   14  purchase.
   15    S  3.  Section  69-h of the general business law is renumbered section
   16  69-i and two new sections 69-h and 69-j are added to read as follows:
   17    S 69-H. PROHIBITION ON PURCHASE OF CERTAIN ITEMS. NOTWITHSTANDING  ANY
   18  PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
   19  FUL  FOR  SCRAP  PROCESSING FACILITIES TO PURCHASE STREET SIGNS, FUNERAL
   20  MARKERS, OR ANY METAL ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL ENTITY,
   21  UTILITY COMPANY, CEMETERY OR RAILROAD UNLESS SUCH ITEMS ARE OFFERED  FOR
   22  SALE  BY A DULY AUTHORIZED EMPLOYEE OR AGENT OF ANY GOVERNMENTAL ENTITY,
   23  UTILITY COMPANY, CEMETERY OR RAILROAD.
   24    S 69-J. PREEMPTION OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE SHALL
   25  APPLY TO ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION  OF  ONE
   26  MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION, OR
   27  ORDINANCE  REGARDING THE LICENSING OR REGULATION OF SCRAP PROCESSORS AND
   28  SCRAP METAL PROCESSING FACILITIES; PROVIDED,  HOWEVER,  THAT  LOCAL  LAW
   29  NUMBER  FIFTY  OF  THE  CITY OF NEW YORK FOR THE YEAR TWO THOUSAND SEVEN
   30  SHALL NOT BE DEEMED TO BE PREEMPTED BY THE PROVISIONS OF THIS ARTICLE.
   31    S 4. Section 69-i of the general business law, as added by chapter 431
   32  of the laws of 1976 and as renumbered by section three of this  act,  is
   33  amended to read as follows:
   34    S  69-i.  Penalty.  1.  [Each] A FIRST violation of this article [by a
   35  scrap processor] shall be PUNISHABLE AS a violation subject to a fine of
   36  not more than two [hundred] THOUSAND  dollars[,  unless  such  violation
   37  shall be wilful, in which event it shall be a misdemeanor except, howev-
   38  er,  the  scrap  processor shall not be liable for any violation of this
   39  article by a seller, his agent, or a purported seller or agent.]  AND/OR
   40  IMPRISONMENT  FOR  A  TERM  OF  NOT MORE THAN FIFTEEN DAYS.  A SECOND OR
   41  SUBSEQUENT VIOLATION OF THIS ARTICLE SHALL BE PUNISHABLE AS A  MISDEMEA-
   42  NOR  SUBJECT  TO  A  FINE  OF NOT MORE THAN FIVE THOUSAND DOLLARS AND/OR
   43  IMPRISONMENT FOR A TERM OF NOT MORE THAN ONE YEAR. A  CONVICTION  FOR  A
   44  THIRD VIOLATION OF THIS ARTICLE COMMITTED WITHIN A TEN YEAR PERIOD SHALL
   45  BE PUNISHABLE AS A CLASS E FELONY.
   46    2. [Each violation of this article by a seller or his agent shall be a
   47  misdemeanor.]  IN ADDITION TO A TERM OF IMPRISONMENT, WHERE A PERSON HAS
   48  GAINED MONEY OR PROPERTY THROUGH A VIOLATION OF THIS ARTICLE THE  COURT,
   49  UPON CONVICTION THEREOF, IN LIEU OF IMPOSING THE FINE AUTHORIZED FOR THE
   50  OFFENSE UNDER SUBDIVISION ONE OF THIS SECTION MAY SENTENCE THE DEFENDANT
   51  TO PAY AN AMOUNT, FIXED BY THE COURT, NOT EXCEEDING DOUBLE THE AMOUNT OF
   52  THE DEFENDANT'S GAIN FROM THE COMMISSION OF THE OFFENSE.
   53    S  5.    This  act  shall take effect on the one hundred eightieth day
   54  after it shall have become a law.