Bill Text: NJ S337 | 2014-2015 | Regular Session | Introduced
Bill Title: Concerns sale of cemetery, grave, monument and historical markers.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Commerce Committee [S337 Detail]
Download: New_Jersey-2014-S337-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
Senator THOMAS H. KEAN, JR.
District 21 (Morris, Somerset and Union)
SYNOPSIS
Concerns sale of cemetery, grave, monument and historical markers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning scrap metal sale of certain markers and amending P.L.2009, c.8.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2009, c.8 (C.45:28-2) is amended to read as follows:
2. The operator of a scrap metal business shall:
a. Verify the identity of any person delivering or selling scrap metal to the scrap metal business by requesting and examining a photograph-bearing, valid State or federal driver's license or other government-issued form of identification bearing a photograph;
b. Make a clear copy of, and record, in a manner as may be prescribed by the Attorney General, the number of the driver's license or other government-issued form of identification presented by the person delivering or selling the scrap metal, before receiving or purchasing any scrap metal from that person;
c. Maintain, for at least five years, a record of all receipts or purchases of scrap metal in excess of 100 pounds or $50, whichever is less, including, but not limited to:
(1) the date of receipt or purchase of the scrap metal;
(2) the name and address of the person delivering or selling the scrap metal;
(3) the type and number of the identification presented by the person delivering or selling the scrap metal, along with a copy of the driver's license or other government-issued form of identification;
(4) a description of the scrap metal received or purchased, including, but not limited to its type, amount, and form;
(5) the signature of the person delivering or selling the scrap metal; and
(6) any other information as may be required by the Attorney General; [and]
d. Make any records maintained pursuant to [subsection] subsections c. or e. of this section available, upon request, to any law enforcement agency or official investigating the possible theft or resale of scrap metals; and
e. In regard to a cemetery, grave, monument, or historical marker, require that the person selling or delivering such an item as scrap metal provide, at the time of the transfer or sale, a written affidavit made under penalty of perjury from the owner or manager of the cemetery, grave, monument or historical building, object or place from which the marker was taken, averring: that they are the bona fide owner or have the legal authority to transfer the marker; the reason for which the marker was removed; and that the person selling or delivering the marker has the legal authority to transfer the marker to the scrap metal business, which affidavit shall be maintained by the operator of a scrap metal business for a period of at least five years.
(cf: P.L.2009, c.8, s.2)
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill requires that a person who sells or delivers as scrap metal a cemetery, grave, monument, or historical marker shall provide, at the time of transfer or sale, a written affidavit, made under penalty of perjury, from the owner or manager of the cemetery, grave, monument or historical building, object or place from which the marker was taken, averring: that they are the bona fide owner or have the legal authority to transfer the marker; the reason for which the marker was removed; and that the person selling or delivering the marker has the legal authority to transfer the marker to a scrap metal business. This affidavit shall be maintained by the operator of the scrap metal business for a period of at least five years.
As with other violations of the current laws pertaining to scrap metal businesses, first and second violations of the bill's provisions would be considered disorderly persons offenses and crimes of the fourth degree for third and subsequent offenses. A disorderly persons offense is punishable by up to six months imprisonment, a $1,000 fine, or both. A crime of the fourth degree is punishable by up to 18 months imprisonment, a $10,000 fine, or both.
