Requires scrap processors to record the license plate number of motor vehicles driven by sellers of scrap materials.
TITLE OF BILL: An act to amend the general business law, in relation to requiring scrap processors to record certain information
PURPOSE: This bill strengthens the records scrap processors must keep upon purchase to include the driver's license of the motor vehicle driven by the seller at the time of the transaction.
SUMMARY OF PROVISIONS: Section 1 amends section 69-g of the general business law, as amended by chapter 302 of the laws of 2007, to include the requirement to record the license plate number of the motor vehicle driven by the seller at the time of the transaction, in addition to the other requirements currently in statute.
EXISTING LAW: Currently, scrap processors are required to record certain information on each purchase of metal, bronze or brass castings, utility wire, iron, steel and/or nonferrous scrap over $50, including the date of purchase, name of seller, residence address by street, number, city, village or town, the driver's license number or information from a government issue photographic identification card, and the type and quantity of the purchase, and hold these records for 3 years.
JUSTIFICATION: Metal theft is a growing problem, with the theft of copper piping and wire from buildings, utility poles, and other locations becoming more prevalent. This type of theft often carries great safety risks for the home and building owners, in addition to financial hardship. This bill would require the additional recording of a license plate number at the point of sale at scrap yards, which aims to help law enforcement track down those individuals that have stolen these metals.
LEGISLATIVE HISTORY: 2012: S.7321 Referred to Consumer Protection
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 536 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. KENNEDY -- 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 requiring scrap processors to record certain information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 69-g of the general business law, as amended by chapter 302 of the laws of 2007, is amended to read as follows: S 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 wire 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 residence address by street, number, city, village or town, THE LICENSE PLATE NUMBER OF THE MOTOR VEHICLE DRIVEN BY THE SELLER AT THE TIME OF TRANSACTION, the driv- er'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, 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. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03947-01-3 S. 536 2
2. Such records shall be available for inspection by the police department of the state or the municipality in which the establishment is located. S 2. This act shall take effect immediately.