(1) A scrap metal dealer commits the offense of failing to maintain a metal purchase record if the scrap metal dealer knowingly buys or otherwise obtains new, used or secondhand nonferrous metals or alloys thereof without keeping a record of all such articles purchased or obtained.
(2) The scrap metal dealer purchasing or obtaining the metal shall retain the record required by subsection (1) of this section for a period of not less than one year and the scrap metal dealer shall make the record available to any peace officer on demand.
(3) The record required by subsection (1) of this section shall contain:
(a) The time and date of the transaction and the name of the person conducting the transaction on behalf of the scrap metal dealer.
(b) A general description of the property purchased, including the type and amount and, if readily discernible, any identifiable marks on the property.
(c) A photocopy of a current, valid driver license, passport or state identification card of the seller.
(d) The amount of the consideration given for the metals.
(e) If the transaction is valued at more than $100, a declaration, signed by the seller, in substantially the following form: “I, the undersigned, hereby declare that the property that is subject to this transaction is not, to the best of my knowledge, stolen property. I understand that this statement is made under penalty of perjury and may be used as evidence in court.”
(f) Video surveillance or a photograph of the seller. Notwithstanding subsection (2) of this section, the images must be retained for 30 days from the date of the transaction.
(g) A description of any motor vehicle and its license number used in the delivery of the property.
(4) This section shall not apply to purchases made by or from a manufacturer, remanufacturer or a distributor appointed by a manufacturer of such articles.
(5) As used in this section:
(a) “Nonferrous metal” includes, but is not limited to, aluminum, stainless steel, copper, copper wire, copper cable, brass, electrolytic nickel and zinc. “Nonferrous metal” does not include precious metals when actually used in the manufacture, repair, sale or resale of jewelry.
(b) “Scrap metal dealer” means a person engaged in the business of purchasing or receiving nonferrous metal property for aggregation and sale to a metal processor or metal recycler.
(c) “Seller” means a person who sells or delivers the property or otherwise makes the property available to the scrap metal dealer.
(6)(a) A scrap metal dealer that violates this section shall pay a fine of $1,000.
(b) Notwithstanding paragraph (a) of this subsection, a scrap metal dealer that violates this section shall pay a fine of $5,000 if the scrap metal dealer has at least three previous convictions for violations of this section. [1971 c.743 §169; 1995 c.222 §1; 2007 c.475 §1]Section: Previous 165.080 165.085 165.090 165.095 165.100 165.102 165.105 165.107 165.109 165.110 165.114 165.115 165.120 165.125 165.130 Next
Last modified: August 7, 2008