NY State Senate Bill 2019-S2866

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Jan 30, 2019	referred to consumer protection

co-Sponsors

2019-S2866 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§60 & 64, add §§63-b & 69-i, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5355
2017-2018: S208
2021-2022: S2082

2019-S2866 (ACTIVE) - Summary

Relates to the sale of governmental signage or other metal property.

2019-S2866 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2866

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the general business law, in relation to the sale of
governmental signage or other metal property

 
PURPOSE:

To prohibit and preclude the sale of government entity signs or histor-
ical markers without authorization of the government entity.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 60 of the general business law by adding a new
subdivision 4 which defines "government issued identification" and
"government entity signs".

Section 2 amends section 63 of the general business law which pertains
to Junk Dealers by adding a new section 63-b entitled the Prohibition on

Sale of Government Entity Signs or historical markers.

Section 3 amends section 64 of the general business law to include the
provision pertaining to the prohibition on sale of government entity
signs or historical markers as a misdemeanor in this penalty section of
the law pertaining to Junk Dealers.

Section 4 amends section 69-e of the general business law which pertains
to Scrap Processors, by defining "government issued identification" and
"government entity signs".

Section 5 adds a new section 69-i to the general business law which
pertains to Scrap Processors and is entitled the Prohibition on Sale of
Government Entity Signs or historical markers.

 
JUSTIFICATION:

Town pocketbooks are hurting from the theft of stolen street and traffic
signs. This plague involves the sale of stolen municipal signs to junk
and scrap dealers for scrap. In many cases this money is then being used
to purchase drugs. It costs taxpayers $200 to replace each sign. Not
only is the cost of sign replacement an issue, but missing signs are an
endangerment to public safety. This legislation requires junk and scrap
dealers to accept municipal property from properly authorized government
employees or agents and establishes penalties, not only for the people
taking the signs, but also for the people knowingly accepting these
signs.

 
LEGISLATIVE HISTORY:

2017-18: Passed Senate 2015-16: Passed Senate

 
FISCAL IMPLICATIONS:

This is intended to save our local governments the expense of replacing
stolen signs.

 
EFFECTIVE DATE:
Thirty days after it shall become law.

2019-S2866 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2866
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen.  JORDAN -- 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  the  sale  of
   governmental signage or other metal property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 60 of the general business law is amended by adding
 two new subdivisions 4 and 5 to read as follows:
   4. "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 OF THE PERSON TO WHOM IT IS
 ISSUED; PROVIDED, HOWEVER, THAT A SOCIAL SECURITY  ACCOUNT  NUMBER  CARD
 SHALL  NOT  BE CONSIDERED TO BE GOVERNMENT ISSUED IDENTIFICATION FOR THE
 PURPOSES OF THIS ARTICLE.
   5. "GOVERNMENT ENTITY SIGNS" MEANS TRAFFIC CONTROL  DEVICES  OR  SIGNS
 USED  WITHIN THE STATE ON STREETS, HIGHWAYS, BIKEWAYS, AND PRIVATE ROADS
 OPEN TO PUBLIC TRAVEL AS DESCRIBED IN THE  NATIONAL  MANUAL  ON  UNIFORM
 TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS (MUTCD) AND/OR 17 NYCRR
 CHAPTER V.
   §  2. The general business law is amended by adding a new section 63-b
 to read as follows:
   § 63-B. PROHIBITION ON SALE OF GOVERNMENT ENTITY SIGNS  OR  HISTORICAL
 MARKERS. 1.  NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO
 THE  CONTRARY, IT SHALL BE UNLAWFUL TO SELL, OFFER FOR SALE, OR PURCHASE
 AS SCRAP, ANY OF THE FOLLOWING ITEMS UNLESS SUCH ITEMS ARE  OFFERED  FOR
 SALE,  SOLD OR PURCHASED AS SCRAP BY A DULY AUTHORIZED EMPLOYEE OR AGENT
 OF A GOVERNMENTAL ENTITY ACTING IN HIS OR HER OFFICIAL CAPACITY:
   (A) STREET SIGNS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09081-01-9

 S. 2866                             2
 
   (B) HISTORICAL MARKERS; OR
   (C) GOVERNMENT ENTITY SIGNS.
   2.  A DULY AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY SELL-
 ING, OFFERING FOR SALE OR PURCHASING AS SCRAP ANY OF THE ITEMS DESCRIBED
 IN SUBDIVISION ONE OF THIS SECTION SHALL  PROVIDE  WRITTEN  EVIDENCE  OF
 AUTHORIZATION  TO DO SO PRIOR TO ENTERING INTO ANY TRANSACTION. EVIDENCE
 OF AUTHORIZATION SHALL BE IN THE FORM OF A STATEMENT WHICH COMPLIES WITH
 THE FOLLOWING REQUIREMENTS:
   (A) THE STATEMENT SHALL BE WITNESSED BY THE CLERK OR SECRETARY OF  THE
 MUNICIPALITY  OR  GOVERNMENT ENTITY AUTHORIZING THE SALE OR PURCHASE AND
 SHALL HAVE THE RAISED SEAL OF THE  GOVERNMENT  ENTITY  AFFIXED  TO  SUCH
 AUTHORIZATION;
   (B)  THE  STATEMENT SHALL INCLUDE AN ITEMIZED LIST OF THE MATERIALS TO
 BE SOLD, OFFERED FOR SALE OR PURCHASED; AND
   (C) THE STATEMENT SHALL SPECIFY THE NAME OF THE AUTHORIZED EMPLOYEE OR
 AGENT OF THE GOVERNMENT ENTITY.
   3. ANY JUNK DEALER PURCHASING ANY ITEM SPECIFIED IN SUBDIVISION ONE OF
 THIS SECTION SHALL, AT THE TIME OF THE TRANSACTION:
   (A) MAKE A COPY OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION;
   (B) MAKE A COPY OF THE SELLER'S PROOF OF AUTHORIZATION  TO  SELL  SUCH
 ITEMS;
   (C)  EXECUTE  A  STATEMENT  WHICH  SHALL  INCLUDE THE DRIVER'S LICENSE
 NUMBER OR INFORMATION FROM A GOVERNMENT ISSUED IDENTIFICATION  CARD,  IF
 ANY,  OF SUCH PERSON AND THE LICENSE PLATE AND/OR VEHICLE IDENTIFICATION
 NUMBER OF THE VEHICLE OR VEHICLES USED TO  TRANSPORT  THE  ITEMS  TO  BE
 SOLD; AND
   (D)  ENSURE  THAT  THE SELLER SIGNS THE STATEMENT REFERRED TO IN PARA-
 GRAPH (C) OF THIS SUBDIVISION.
   4. THE JUNK DEALER SHALL RETAIN A COPY OF THE STATEMENT  DESCRIBED  IN
 SUBDIVISION  THREE  OF  THIS  SECTION  FOR  TWO  YEARS  FROM THE DATE OF
 PURCHASE.
   5. IT SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO  FURNISH  INFORMA-
 TION  OR  TO  FURNISH INCORRECT OR INCOMPLETE INFORMATION AS REQUIRED TO
 PROPERLY COMPLETE THE STATEMENT DESCRIBED IN SUBDIVISION THREE  OF  THIS
 SECTION.
   6.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A TERM  OF  IMPRISONMENT
 NOT  TO  EXCEED  ONE  YEAR OR BE ORDERED TO PAY A FINE NOT EXCEEDING ONE
 THOUSAND DOLLARS OR BOTH SUCH FINE  AND  IMPRISONMENT.  IN  ADDITION  TO
 OTHER  PENALTIES IMPOSED, ANY JUNK DEALER WHO VIOLATES THE PROVISIONS OF
 THIS SECTION SHALL FORFEIT HIS OR HER LICENSE TO DO BUSINESS.
   7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  CITIES  OF  THE
 FIRST CLASS.
   §  3.  Section  64  of  the general business law is amended to read as
 follows:
   § 64. Penalty. [Each] UNLESS OTHERWISE SPECIFIED IN  THIS  ARTICLE,  A
 violation  of  ANY PROVISION OF this article, either by the junk dealer,
 OR BY the agent or servant thereof, and each false statement made in  or
 on  any  statement  or  tag  [above mentioned] DESCRIBED IN THIS ARTICLE
 shall be a misdemeanor and the person convicted shall,  in  addition  to
 other penalties imposed, forfeit his OR HER license to do business. [But
 nothing herein contained shall] THE PROVISIONS OF THIS SECTION SHALL NOT
 apply to cities of the first class.
   § 4. Section 69-e of the general business law is amended by adding two
 new subdivisions 3 and 4 to read as follows:

 S. 2866                             3
 
   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 OF THE PERSON TO WHOM  IT  IS
 ISSUED;  PROVIDED,  HOWEVER,  THAT A SOCIAL SECURITY ACCOUNT NUMBER CARD
 SHALL NOT BE CONSIDERED TO BE GOVERNMENT ISSUED IDENTIFICATION  FOR  THE
 PURPOSES OF THIS ARTICLE.
   4.  "GOVERNMENT  ENTITY  SIGNS" MEANS TRAFFIC CONTROL DEVICES OR SIGNS
 USED WITHIN THE STATE ON STREETS, HIGHWAYS, BIKEWAYS, AND PRIVATE  ROADS
 OPEN  TO  PUBLIC  TRAVEL  AS DESCRIBED IN THE NATIONAL MANUAL ON UNIFORM
 TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS (MUTCD) AND/OR 17 NYCRR
 CHAPTER V.
   § 5. The general business law is amended by adding a new section  69-i
 to read as follows:
   §  69-I.  PROHIBITION ON SALE OF GOVERNMENT ENTITY SIGNS OR HISTORICAL
 MARKERS. 1. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION  TO
 THE  CONTRARY,  IT  SHALL  BE  UNLAWFUL FOR ANY SCRAP PROCESSOR TO SELL,
 OFFER FOR SALE, OR PURCHASE AS SCRAP, ANY OF THE FOLLOWING ITEMS  UNLESS
 SUCH  ITEMS  ARE  OFFERED FOR SALE, SOLD OR PURCHASED AS SCRAP BY A DULY
 AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY ACTING IN  HIS  OR
 HER OFFICIAL CAPACITY:
   (A) STREET SIGNS;
   (B) HISTORICAL MARKERS; OR
   (C) GOVERNMENT ENTITY SIGNS.
   2.  A DULY AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY SELL-
 ING, OFFERING FOR SALE OR PURCHASING AS SCRAP ANY OF THE ITEMS DESCRIBED
 IN SUBDIVISION ONE OF THIS SECTION SHALL  PROVIDE  WRITTEN  EVIDENCE  OF
 AUTHORIZATION  TO DO SO PRIOR TO ENTERING INTO ANY TRANSACTION. EVIDENCE
 OF AUTHORIZATION SHALL BE IN THE FORM OF A STATEMENT WHICH COMPLIES WITH
 THE FOLLOWING REQUIREMENTS:
   (A) THE STATEMENT SHALL BE WITNESSED BY THE CLERK OR SECRETARY OF  THE
 MUNICIPALITY  OR  GOVERNMENT ENTITY AUTHORIZING THE SALE OR PURCHASE AND
 SHALL HAVE THE RAISED SEAL OF THE  GOVERNMENT  ENTITY  AFFIXED  TO  SUCH
 AUTHORIZATION;
   (B)  THE  STATEMENT SHALL INCLUDE AN ITEMIZED LIST OF THE MATERIALS TO
 BE SOLD, OFFERED FOR SALE OR PURCHASED; AND
   (C) THE STATEMENT SHALL SPECIFY THE NAME OF THE AUTHORIZED EMPLOYEE OR
 AGENT OF THE GOVERNMENT ENTITY.
   3. ANY SCRAP PROCESSOR PURCHASING ANY ITEM  SPECIFIED  IN  SUBDIVISION
 ONE OF THIS SECTION SHALL, AT THE TIME OF THE TRANSACTION:
   (A) MAKE A COPY OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION;
   (B)  MAKE  A  COPY OF THE SELLER'S PROOF OF AUTHORIZATION TO SELL SUCH
 ITEMS;
   (C) EXECUTE A STATEMENT  WHICH  SHALL  INCLUDE  THE  DRIVER'S  LICENSE
 NUMBER  OR  INFORMATION FROM A GOVERNMENT ISSUED IDENTIFICATION CARD, IF
 ANY, OF SUCH PERSON AND THE LICENSE PLATE AND/OR VEHICLE  IDENTIFICATION
 NUMBER  OF  THE  VEHICLE  OR  VEHICLES USED TO TRANSPORT THE ITEMS TO BE
 SOLD; AND
   (D) ENSURE THAT THE SELLER SIGNS THE STATEMENT REFERRED  TO  IN  PARA-
 GRAPH (C) OF THIS SUBDIVISION.
   4.  THE SCRAP PROCESSOR SHALL RETAIN A COPY OF THE STATEMENT DESCRIBED
 IN SUBDIVISION THREE OF THIS SECTION FOR TWO  YEARS  FROM  THE  DATE  OF
 PURCHASE.

 S. 2866                             4
 
   5.  IT  SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO FURNISH INFORMA-
 TION OR TO FURNISH INCORRECT OR INCOMPLETE INFORMATION  AS  REQUIRED  TO
 PROPERLY  COMPLETE  THE STATEMENT DESCRIBED IN SUBDIVISION THREE OF THIS
 SECTION.
   6.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A TERM  OF  IMPRISONMENT
 NOT  TO  EXCEED  ONE  YEAR OR BE ORDERED TO PAY A FINE NOT EXCEEDING ONE
 THOUSAND DOLLARS OR BOTH SUCH FINE  AND  IMPRISONMENT.  IN  ADDITION  TO
 OTHER PENALTIES IMPOSED, ANY SCRAP PROCESSOR WHO VIOLATES THE PROVISIONS
 OF THIS SECTION SHALL FORFEIT HIS OR HER LICENSE TO DO BUSINESS.
   7.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO CITIES OF THE
 FIRST CLASS.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2866

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2019-S2866 (ACTIVE) - Details

2019-S2866 (ACTIVE) - Summary

2019-S2866 (ACTIVE) - Sponsor Memo

2019-S2866 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2866

Share this bill

Sponsored By

Daphne Jordan

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

Fred Akshar

2019-S2866 (ACTIVE) - Details

2019-S2866 (ACTIVE) - Summary

2019-S2866 (ACTIVE) - Sponsor Memo

2019-S2866 (ACTIVE) - Bill Text download pdf

Comments