What's happening
This bill prohibits the sale or purchase of government signs and historical markers as scrap except by authorized government agents, with strict documentation and penalties for violations.
Why it matters
Protects Public Safety and Infrastructure. By making it illegal for unauthorized individuals to sell or purchase government signs and historical markers as scrap, the bill helps prevent the theft and illegal removal of critical public safety signage, which could otherwise endanger motorists and pedestrians or disrupt public services.
Increases Accountability and Traceability. The law requires extensive documentation (including government-issued ID and official written authorization) for any transaction involving these items. This creates a paper trail, making it easier for authorities to track and investigate any suspicious activity involving stolen or misused signage and markers.
Imposes Strong Penalties for Violations. Individuals and businesses found violating this law face misdemeanor charges, potential imprisonment, significant fines, and mandatory loss of their business license, which serves as a strong deterrent against illegal sales and purchases in the scrap and recycling markets.
Exempts Large Cities. The bill specifically exempts “cities of the first class” (such as New York City) from these requirements, meaning the law’s impact will be felt primarily in smaller cities and towns, potentially reflecting different local needs or existing protections in larger municipalities.
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Who cares
Junk dealers and scrap processors
The bill would require them to document authorized purchases of street signs, historical markers and government entity signs, retain transaction statements for two years and face license forfeiture for violations, outside cities of the first class.
Government employees and agents handling scrap transactions
They would need written authorization naming them and itemizing the materials before selling, offering for sale or purchasing covered items as scrap.
Municipal and government agency clerks and secretaries
They would need to witness authorization statements bearing the government entity’s raised seal.
Sellers of covered signs and historical markers
Unauthorized scrap transactions or refusal to provide required information could expose them to misdemeanor penalties of up to one year in jail, a fine of up to $1,000 or both.
Headline styles
Ban Unauthorized Sign Sales
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to consumer protection
- Referred to consumer protection
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2866
2019-2020 Regular Sessions
IN SENATE
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 Assembly, 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 employer, 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 selling, 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 paragraph (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 information 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 employer, 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 selling, 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 paragraph (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 information 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
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