Prohibits the sale or purchase of certain items as scrap

Title of bill

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

Purpose of bill

To prohibit the sale or purchase of certain items as scrap.

Summary of provisions

Section 1 of the bill provides definitions.

Section 2 establishes registration information requirements for scrap processors, as well as application requirements. The Secretary of State is responsible for issuing registration numbers for each registered scrap processors. A registration fee not to exceed one thousand dollars will be required for such registration. The Department of State is required to maintain a registry of all registered scrap processors.

Section 3 describes recordkeeping requirements and electronic video recording systems at all scales and points of sale at each scrap processing facilities.

Section 4 prohibits the sale or purchase as scrap of any metal items bearing markings of any governmental entity, utility company, cemetery or railroad Unless such items are authorized for sale.

Section 5 preempts all local laws, except for Local Law 50 of NYC enacted in 2007.

Section 6 establishes fines and penalties for violations of the law.

Justification

Scrap theft is a very real and ever growing crime. Certain items should not be sold as scrap as they are only attainable through illegal means. This bill would clarify what these items are and increase penalties to reflect the serious nature of the crime. The registration, recordkeeping and video recording requirements should improve compliance and enforcement of this program. It is important to establish meaningful deterrents for illegal sale or purchase of specified scrap materials.

Fiscal implications

Minimal.

Effective date

The bill would take effect 180 days after it shall become law.