S3497A-2011 - NY Senate Open Legislation - Prohibits the purchase of certain items as scrap

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

Sponsor: GRISANTI / Co-sponsor(s): MAZIARZ / Committee: ECONOMIC DEVELOPMENT
Law Section: General Business Law / Law: Amd SS69-e, 69-g & 69-i, add SS69-h & 69-j, Gen Bus L

S3497A-2011 Actions

May 21, 2012: referred to economic development
May 21, 2012: DELIVERED TO ASSEMBLY
May 21, 2012: PASSED SENATE
Jan 23, 2012: ADVANCED TO THIRD READING
Jan 19, 2012: 2ND REPORT CAL.
Jan 18, 2012: 1ST REPORT CAL.70
Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 15, 2011: referred to economic development
Jun 15, 2011: DELIVERED TO ASSEMBLY
Jun 15, 2011: PASSED SENATE
May 23, 2011: AMENDED ON THIRD READING (T) 3497A
May 16, 2011: ADVANCED TO THIRD READING
May 11, 2011: 2ND REPORT CAL.
May 10, 2011: 1ST REPORT CAL.586
Feb 23, 2011: REFERRED TO CONSUMER PROTECTION

S3497A-2011 Meetings

Consumer Protection: Jan 18, 2012

S3497A-2011 Calendars

S3497A-2011 Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - May 10, 2011

Ayes (9): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Hassell-Thompson, Huntley, Squadron
Ayes W/R (1): Adams

VOTE: FLOOR VOTE: - Jun 15, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Consumer Protection - Jan 18, 2012

Ayes (8): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Hassell-Thompson, Huntley
Ayes W/R (2): Adams, Squadron

VOTE: FLOOR VOTE: - May 21, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Huntley, Rivera

S3497A-2011 Memo

BILL NUMBER:S3497A

TITLE OF BILL:
An act
to amend the general business law, in relation to prohibiting the
purchase of certain items as scrap

PURPOSE:
To prohibit the sale, offer of sale, or purchase as scrap of
certain items such as street signs, funeral markers, or any metal
item bearing certain markings.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill contains a
definition for what government issued identification qualifies as.

Section 2 Contains certain necessary changes and expands the time
frame for which records must be kept.

Section 3 contains prohibition on items that are unlawful to purchase
as scrap such as street signs, funeral markers, or any metal items
bearing markings of any government entity, utility company, cemetery
or railroad unless offered for sale by an authorized employee. This
section also contains local law preemption language.

Section 4 contains penalty provisions of a maximum of two thousand
dollars and/or imprisonment for a term of not more than fifteen days.
This section also states that the court may in lieu of imposing a
fine, sentence the defendant to pay double the amount gained from the
sale of these items and makes it an E felony when someone is
convicted or this crime three times within ten years.

JUSTIFICATION:
Certain items should not be sold as scrap as they are
only attainable through illegal means. This legislation clarifies
what some of these items are and increases penalties to a level more
reflective of the crime. It is crucially important to deter
individuals from partaking in this illegal activity, and one of the
most effective ways is by creating a significant punitive
disincentive to partake in these activities.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimally positive to the State.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day.

S3497A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3497--A
 Cal. No. 586
 2011-2012 Regular Sessions
 I N  SENATE
 February 23, 2011
 
 Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
 and  when  printed  to  be  committed  to  the  Committee  on Consumer
 Protection -- reported favorably from said committee, ordered to first
 and second report, ordered to a third  reading,  amended  and  ordered
 reprinted, retaining its place in the order of third reading
 

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:

 

Section 1.

Section 69-e of the general business law, as added by chap
 ter 431 of the laws of 1976, is amended to read as follows:

 

S 69-e. Definitions. 1. "Scrap metal processing facility"  shall  mean
 an establishment engaged primarily in the purchase, processing and ship
 ment  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] FOUNDRIES, 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.
 

S  2.  Subdivision  1  of section 69-g of the general business law, as
 amended by chapter 302 of the laws  of  2007,  is  amended  to  read  as
 follows:

 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 wire or brass car journals, or of metal
 beer kegs, and (ii)] each  purchase  of  [iron,  steel]  FERROUS  and/or
 nonferrous  scrap  [for  a price of fifty dollars or more,] and preserve
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09055-03-1
        S. 3497--A                          2
 such record for a period of three years; which  record  shall  show  the
 date  of purchase, name of seller, [his] THE SELLER'S residence OR BUSI
 NESS address [by street, number, city, village  or  town,  the  driver's
 license  number  or  information  from  a government issued photographic
 identification card, if any, of such person, or by such  description  as
 will  reasonably  locate  the seller,] AND the type and quantity of such
 purchase[; and the]. 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  incom
 plete  information.  Such  scrap  processor shall also make and retain a
 copy of the government issued photographic identification card  used  to
 verify  the  identity  of  [the]  ANY NATURAL person from whom the scrap
 metal was purchased and shall retain  this  copy  in  a  separate  book,
 register  or  electronic  archive for [two] THREE years from the date of
 purchase.
 

S 3.

Section 69-h of the general business law  is  renumbered  section
 69-i and two new sections 69-h and 69-j are added to read as follows:

 

S  69-H. PROHIBITION ON PURCHASE OF CERTAIN ITEMS. NOTWITHSTANDING ANY
 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW
 FUL FOR SCRAP PROCESSING FACILITIES TO PURCHASE  STREET  SIGNS,  FUNERAL
 MARKERS, OR ANY METAL ITEMS BEARING MARKINGS OF ANY GOVERNMENTAL ENTITY,
 UTILITY  COMPANY, CEMETERY OR RAILROAD UNLESS SUCH ITEMS ARE OFFERED FOR
 SALE BY A DULY AUTHORIZED EMPLOYEE OR AGENT OF ANY GOVERNMENTAL  ENTITY,
 UTILITY COMPANY, CEMETERY OR RAILROAD.
 

S 69-J. PREEMPTION OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE SHALL
 APPLY  TO  ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION OF ONE
 MILLION OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION, OR
 ORDINANCE REGARDING THE LICENSING OR REGULATION OF SCRAP PROCESSORS  AND
 SCRAP  METAL  PROCESSING  FACILITIES;  PROVIDED, HOWEVER, THAT LOCAL LAW
 NUMBER FIFTY OF THE CITY OF NEW YORK FOR THE  YEAR  TWO  THOUSAND  SEVEN
 SHALL NOT BE DEEMED TO BE PREEMPTED BY THE PROVISIONS OF THIS ARTICLE.
 

S 4.

Section 69-i of the general business law, as added by chapter 431
 of  the  laws of 1976 and as renumbered by section three of this act, is
 amended to read as follows:

 

S 69-i. Penalty. 1. [Each] A FIRST violation of  this  article  [by  a
 scrap processor] shall be PUNISHABLE AS a violation subject to a fine of
 not  more  than  two  [hundred] THOUSAND dollars[, unless such violation
 shall be wilful, in which event it shall be a misdemeanor except, howev-
 er, the scrap processor shall not be liable for any  violation  of  this
 article  by a seller, his agent, or a purported seller or agent.] AND/OR
 IMPRISONMENT FOR A TERM OF NOT MORE THAN FIFTEEN  DAYS.    A  SECOND  OR
 SUBSEQUENT  VIOLATION OF THIS ARTICLE SHALL BE PUNISHABLE AS A MISDEMEA
 NOR SUBJECT TO A FINE OF NOT MORE  THAN  FIVE  THOUSAND  DOLLARS  AND/OR
 IMPRISONMENT  FOR  A  TERM OF NOT MORE THAN ONE YEAR. A CONVICTION FOR A
 THIRD VIOLATION OF THIS ARTICLE COMMITTED WITHIN A TEN YEAR PERIOD SHALL
 BE PUNISHABLE AS A CLASS E FELONY.
 2. [Each violation of this article by a seller or his agent shall be a
 misdemeanor.] IN ADDITION TO A TERM OF IMPRISONMENT, WHERE A PERSON  HAS
 GAINED  MONEY OR PROPERTY THROUGH A VIOLATION OF THIS ARTICLE THE COURT,
 UPON CONVICTION THEREOF, IN LIEU OF IMPOSING THE FINE AUTHORIZED FOR THE
 OFFENSE UNDER SUBDIVISION ONE OF THIS SECTION MAY SENTENCE THE DEFENDANT
 TO PAY AN AMOUNT, FIXED BY THE COURT, NOT EXCEEDING DOUBLE THE AMOUNT OF
 THE DEFENDANT'S GAIN FROM THE COMMISSION OF THE OFFENSE.
 

S 5.  This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.

S3497A-2011: Prohibits the purchase of certain items as scrap