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SCS/SB 157 - This act modifies the documentation requirements for transactions where junk or scrap metal is sold or traded. For transactions involving a catalytic converter, even if the total amount paid is less than fifty dollars, there must be a separate record. In addition to current requirements, the records for all scrap metal transactions must contain the gender, birth date and a photograph of the seller if different than the photo identification required under current law. The record must also include the license plate number of the vehicle used by the seller during the transaction as well as a full description of the metal by weight and purchase price. Beginning January 1, 2014, the documentation requirements for scrap metal transactions must be kept in an electronic format which may be transmitted to law enforcement agencies within 48 hours and is immediately accessible to law enforcement authorities on site. A violation of the documentation requirements is currently a Class A misdemeanor. This act changes the violation to a Class B misdemeanor. Currently, scrap yards are prohibited from purchasing metal that can be identified as belonging to a cemetery, political subdivision, electrical cooperative, municipal utility, or a utility regulated under chapter 386 or 393. This act prohibits scrap yards from purchasing metal that can be identified as belonging to a cemetery, telecommunications provider, cable provider, electrical cooperative, water utility, municipal utility, or a utility regulated under chapter 386 or 393, unless the scrap metal seller has written permission. Any person convicted of purchasing prohibited scrap metal shall be guilty of a Class B misdemeanor. Any scrap metal dealer paying an amount greater than $500 must do so by issuing a check drawn from a regular bank account in the name of the dealer and with such check made payable to the seller or by a system for automated cash or electronic payment which photographs or videotapes the payment recipient and identifies the payment with a distinct transaction in the register maintained under current law. Any dealer that pays a seller in cash is required to photograph the seller and the metal if it is copper or a catalytic converter. Any person who knowingly and willfully violates this act is guilty of a Class B misdemeanor and a fine up to $500 for the first violation, a Class A misdemeanor and a fine up to $1,000 for the second violation and the revocation of all state business licenses for a third offense. Any person in violation of this act by selling stolen metal is responsible for consequential damages relating to obtaining the scrap metal. This act is similar to SB 102 (2013). KAYLA CRIDER
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