S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5355
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 2015
                                      ___________
       Introduced by Sen. MARCHIONE -- 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:
    1    Section 1. Section 60 of the general business law is amended by adding
    2  a new subdivision 4 to read as follows:
    3    4.  "GOVERNMENT  ISSUED  IDENTIFICATION"  MEANS  ANY CURRENT AND VALID
    4  OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF  THE  UNITED
    5  STATES  OF  AMERICA,  A STATE, TERRITORY, PROTECTORATE, OR DEPENDENCY OF
    6  THE UNITED STATES OF AMERICA,  A  COUNTY,  MUNICIPALITY  OR  SUBDIVISION
    7  THEREOF,  ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC EMPLOY-
    8  ER, WHICH REQUIRES AND BEARS THE SIGNATURE OF THE PERSON TO WHOM  IT  IS
    9  ISSUED;  PROVIDED,  HOWEVER,  THAT A SOCIAL SECURITY ACCOUNT NUMBER CARD
   10  SHALL NOT BE CONSIDERED TO BE GOVERNMENT ISSUED IDENTIFICATION  FOR  THE
   11  PURPOSES OF THIS ARTICLE.
   12    S  2. The general business law is amended by adding a new section 63-b
   13  to read as follows:
   14    S 63-B. PROHIBITION ON SALE OF GOVERNMENT ENTITY SIGNS  OR  HISTORICAL
   15  MARKERS. 1.  NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO
   16  THE  CONTRARY, IT SHALL BE UNLAWFUL TO SELL, OFFER FOR SALE, OR PURCHASE
   17  AS SCRAP, ANY OF THE FOLLOWING ITEMS UNLESS SUCH ITEMS ARE  OFFERED  FOR
   18  SALE,  SOLD OR PURCHASED AS SCRAP BY A DULY AUTHORIZED EMPLOYEE OR AGENT
   19  OF A GOVERNMENTAL ENTITY ACTING IN HIS OR HER OFFICIAL CAPACITY:
   20    (A) STREET SIGNS;
   21    (B) HISTORICAL MARKERS; OR
   22    (C) ANY OTHER JUNK METAL ITEMS BEARING MARKINGS  OF  ANY  GOVERNMENTAL
   23  ENTITY.
   24    2.  A DULY AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY SELL-
   25  ING, OFFERING FOR SALE OR PURCHASING AS SCRAP ANY OF THE ITEMS DESCRIBED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10845-01-5
       S. 5355                             2
    1  IN SUBDIVISION ONE OF THIS SECTION SHALL  PROVIDE  WRITTEN  EVIDENCE  OF
    2  AUTHORIZATION  TO DO SO PRIOR TO ENTERING INTO ANY TRANSACTION. EVIDENCE
    3  OF AUTHORIZATION SHALL BE IN THE FORM OF A STATEMENT WHICH COMPLIES WITH
    4  THE FOLLOWING REQUIREMENTS:
    5    (A)  THE STATEMENT SHALL BE WITNESSED BY THE CLERK OR SECRETARY OF THE
    6  MUNICIPALITY OR GOVERNMENT ENTITY AUTHORIZING THE SALE OR  PURCHASE  AND
    7  SHALL  HAVE  THE  RAISED  SEAL  OF THE GOVERNMENT ENTITY AFFIXED TO SUCH
    8  AUTHORIZATION;
    9    (B) THE STATEMENT SHALL INCLUDE AN ITEMIZED LIST OF THE  MATERIALS  TO
   10  BE SOLD, OFFERED FOR SALE OR PURCHASED; AND
   11    (C) THE STATEMENT SHALL SPECIFY THE NAME OF THE AUTHORIZED EMPLOYEE OR
   12  AGENT OF THE GOVERNMENT ENTITY.
   13    3. ANY JUNK DEALER PURCHASING ANY ITEM SPECIFIED IN SUBDIVISION ONE OF
   14  THIS SECTION SHALL, AT THE TIME OF THE TRANSACTION:
   15    (A) MAKE A COPY OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION;
   16    (B)  MAKE  A  COPY OF THE SELLER'S PROOF OF AUTHORIZATION TO SELL SUCH
   17  ITEMS;
   18    (C) EXECUTE A STATEMENT  WHICH  SHALL  INCLUDE  THE  DRIVER'S  LICENSE
   19  NUMBER  OR  INFORMATION FROM A GOVERNMENT ISSUED IDENTIFICATION CARD, IF
   20  ANY, OF SUCH PERSON AND THE LICENSE PLATE AND/OR VEHICLE  IDENTIFICATION
   21  NUMBER  OF  THE  VEHICLE  OR  VEHICLES USED TO TRANSPORT THE ITEMS TO BE
   22  SOLD; AND
   23    (D) ENSURE THAT THE SELLER SIGNS THE STATEMENT REFERRED  TO  IN  PARA-
   24  GRAPH (C) OF THIS SUBDIVISION.
   25    4.  THE  JUNK DEALER SHALL RETAIN A COPY OF THE STATEMENT DESCRIBED IN
   26  SUBDIVISION THREE OF THIS  SECTION  FOR  TWO  YEARS  FROM  THE  DATE  OF
   27  PURCHASE.
   28    5.  IT  SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO FURNISH INFORMA-
   29  TION OR TO FURNISH INCORRECT OR INCOMPLETE INFORMATION  AS  REQUIRED  TO
   30  PROPERLY  COMPLETE  THE STATEMENT DESCRIBED IN SUBDIVISION THREE OF THIS
   31  SECTION.
   32    6. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
   33  GUILTY  OF  A MISDEMEANOR AND SHALL BE SUBJECT TO A TERM OF IMPRISONMENT
   34  NOT TO EXCEED ONE YEAR OR BE ORDERED TO PAY A  FINE  NOT  EXCEEDING  ONE
   35  THOUSAND  DOLLARS  OR  BOTH  SUCH  FINE AND IMPRISONMENT. IN ADDITION TO
   36  OTHER PENALTIES IMPOSED, ANY JUNK DEALER WHO VIOLATES THE PROVISIONS  OF
   37  THIS SECTION SHALL FORFEIT HIS OR HER LICENSE TO DO BUSINESS.
   38    7.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO CITIES OF THE
   39  FIRST CLASS.
   40    S 3. Section 64 of the general business law  is  amended  to  read  as
   41  follows:
   42    S  64.  Penalty.  [Each] UNLESS OTHERWISE SPECIFIED IN THIS ARTICLE, A
   43  violation of ANY PROVISION OF this article, either by the  junk  dealer,
   44  OR  BY the agent or servant thereof, and each false statement made in or
   45  on any statement or tag [above  mentioned]  DESCRIBED  IN  THIS  ARTICLE
   46  shall  be  a  misdemeanor and the person convicted shall, in addition to
   47  other penalties imposed, forfeit his OR HER license to do business. [But
   48  nothing herein contained shall] THE PROVISIONS OF THIS SECTION SHALL NOT
   49  apply to cities of the first class.
   50    S 4. This act shall take effect on the thirtieth day  after  it  shall
   51  have become a law.