Bill Text: NY A07696 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the sale of governmental signage or other metal property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to economic development [A07696 Detail]
Download: New_York-2017-A07696-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7696 2017-2018 Regular Sessions IN ASSEMBLY May 9, 2017 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee on Economic Development 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 two new subdivisions 4 and 5 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 5. "Government entity signs" means traffic control devices or signs 13 used within the state on streets, highways, bikeways, and private roads 14 open to public travel as described in the National Manual on Uniform 15 Traffic Control Devices for Streets and Highways (MUTCD) and/or 17 NYCRR 16 Chapter V. 17 § 2. The general business law is amended by adding a new section 63-b 18 to read as follows: 19 § 63-b. Prohibition on sale of government entity signs or historical 20 markers. 1. Notwithstanding any provision of law, rule or regulation to 21 the contrary, it shall be unlawful to sell, offer for sale, or purchase 22 as scrap, any of the following items unless such items are offered for 23 sale, sold or purchased as scrap by a duly authorized employee or agent 24 of a governmental entity acting in his or her official capacity: 25 (a) street signs; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02963-01-7A. 7696 2 1 (b) historical markers; or 2 (c) government entity signs. 3 2. A duly authorized employee or agent of a governmental entity sell- 4 ing, offering for sale or purchasing as scrap any of the items described 5 in subdivision one of this section shall provide written evidence of 6 authorization to do so prior to entering into any transaction. Evidence 7 of authorization shall be in the form of a statement which complies with 8 the following requirements: 9 (a) the statement shall be witnessed by the clerk or secretary of the 10 municipality or government entity authorizing the sale or purchase and 11 shall have the raised seal of the government entity affixed to such 12 authorization; 13 (b) the statement shall include an itemized list of the materials to 14 be sold, offered for sale or purchased; and 15 (c) the statement shall specify the name of the authorized employee or 16 agent of the government entity. 17 3. Any junk dealer purchasing any item specified in subdivision one of 18 this section shall, at the time of the transaction: 19 (a) make a copy of the seller's government issued identification; 20 (b) make a copy of the seller's proof of authorization to sell such 21 items; 22 (c) execute a statement which shall include the driver's license 23 number or information from a government issued identification card, if 24 any, of such person and the license plate and/or vehicle identification 25 number of the vehicle or vehicles used to transport the items to be 26 sold; and 27 (d) ensure that the seller signs the statement referred to in para- 28 graph (c) of this subdivision. 29 4. The junk dealer shall retain a copy of the statement described in 30 subdivision three of this section for two years from the date of 31 purchase. 32 5. It shall be unlawful for any seller to refuse to furnish informa- 33 tion or to furnish incorrect or incomplete information as required to 34 properly complete the statement described in subdivision three of this 35 section. 36 6. Any person who violates the provisions of this section shall be 37 guilty of a misdemeanor and shall be subject to a term of imprisonment 38 not to exceed one year or be ordered to pay a fine not exceeding one 39 thousand dollars or both such fine and imprisonment. In addition to 40 other penalties imposed, any junk dealer who violates the provisions of 41 this section shall forfeit his or her license to do business. 42 7. The provisions of this section shall not apply to cities of the 43 first class. 44 § 3. Section 64 of the general business law is amended to read as 45 follows: 46 § 64. Penalty. [Each] Unless otherwise specified in this article, a 47 violation of any provision of this article, either by the junk dealer, 48 or by the agent or servant thereof, and each false statement made in or 49 on any statement or tag [above mentioned] described in this article 50 shall be a misdemeanor and the person convicted shall, in addition to 51 other penalties imposed, forfeit his or her license to do business. [But52nothing herein contained shall] The provisions of this section shall not 53 apply to cities of the first class. 54 § 4. Section 69-e of the general business law is amended by adding two 55 new subdivisions 3 and 4 to read as follows:A. 7696 3 1 3. "Government issued identification" means any current and valid 2 official form of identification issued by the government of the United 3 States of America, a state, territory, protectorate, or dependency of 4 the United States of America, a county, municipality or subdivision 5 thereof, any public agency or department thereof, or any public employ- 6 er, which requires and bears the signature of the person to whom it is 7 issued; provided, however, that a social security account number card 8 shall not be considered to be government issued identification for the 9 purposes of this article. 10 4. "Government entity signs" means traffic control devices or signs 11 used within the state on streets, highways, bikeways, and private roads 12 open to public travel as described in the National Manual on Uniform 13 Traffic Control Devices for Streets and Highways (MUTCD) and/or 17 NYCRR 14 Chapter V. 15 § 5. The general business law is amended by adding a new section 69-i 16 to read as follows: 17 § 69-i. Prohibition on sale of government entity signs or historical 18 markers. 1. Notwithstanding any provision of law, rule or regulation to 19 the contrary, it shall be unlawful for any scrap processor to sell, 20 offer for sale, or purchase as scrap, any of the following items unless 21 such items are offered for sale, sold or purchased as scrap by a duly 22 authorized employee or agent of a governmental entity acting in his or 23 her official capacity: 24 (a) street signs; 25 (b) historical markers; or 26 (c) government entity signs. 27 2. A duly authorized employee or agent of a governmental entity sell- 28 ing, offering for sale or purchasing as scrap any of the items described 29 in subdivision one of this section shall provide written evidence of 30 authorization to do so prior to entering into any transaction. Evidence 31 of authorization shall be in the form of a statement which complies with 32 the following requirements: 33 (a) the statement shall be witnessed by the clerk or secretary of the 34 municipality or government entity authorizing the sale or purchase and 35 shall have the raised seal of the government entity affixed to such 36 authorization; 37 (b) the statement shall include an itemized list of the materials to 38 be sold, offered for sale or purchased; and 39 (c) the statement shall specify the name of the authorized employee or 40 agent of the government entity. 41 3. Any scrap processor purchasing any item specified in subdivision 42 one of this section shall, at the time of the transaction: 43 (a) make a copy of the seller's government issued identification; 44 (b) make a copy of the seller's proof of authorization to sell such 45 items; 46 (c) execute a statement which shall include the driver's license 47 number or information from a government issued identification card, if 48 any, of such person and the license plate and/or vehicle identification 49 number of the vehicle or vehicles used to transport the items to be 50 sold; and 51 (d) ensure that the seller signs the statement referred to in para- 52 graph (c) of this subdivision. 53 4. The scrap processor shall retain a copy of the statement described 54 in subdivision three of this section for two years from the date of 55 purchase.A. 7696 4 1 5. It shall be unlawful for any seller to refuse to furnish informa- 2 tion or to furnish incorrect or incomplete information as required to 3 properly complete the statement described in subdivision three of this 4 section. 5 6. Any person who violates the provisions of this section shall be 6 guilty of a misdemeanor and shall be subject to a term of imprisonment 7 not to exceed one year or be ordered to pay a fine not exceeding one 8 thousand dollars or both such fine and imprisonment. In addition to 9 other penalties imposed, any scrap processor who violates the provisions 10 of this section shall forfeit his or her license to do business. 11 7. The provisions of this section shall not apply to cities of the 12 first class. 13 § 6. This act shall take effect on the thirtieth day after it shall 14 have become a law.
