Prohibits the purchase of certain items as scrap

1 Co-sponsor

• George D. Maziarz

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.