Missouri Senate

House Committee Substitute

SCRAP METAL RECORD KEEPING (407.300) - This act requires that a record be kept for transactions that involve manhole covers, catalytic converters, or any wire owned by and marked with the initials of a telecommunications provider, cable provider, internet service provider, or other utilities. This section, as set forth in the act, conflicts with Section 407.302 that bans a scrap metal yard from purchasing certain metal. The record must contain the seller's current address, gender, birth date, and photograph if not included or are different from the seller's driver's license, the date, time, and place of the transaction, the seller's license plate number, the metal, a full description of the metal, and the purchase price of the metal. Currently, anyone convicted of violating this section shall be guilty of a Class A misdemeanor. This act changes the penalty to a Class B misdemeanor. A record is not required for scrap metal purchases that are less than $50, unless the metal is a catalytic converter.

PROHIBITED SCRAP METAL PURCHASES (407.302) - Currently, no scrap yard shall purchase any metal that can be identified as belonging to a cemetery, a political subdivision, electrical cooperative, municipal utility, or other utilities. This act adds metal from a telecommunications provider, cable provider, and water utility to the list of prohibited scrap metal purchases by scrap metal yards.

PAYMENT FOR SCRAP METAL SALES AND PURCHASES (407.303) - This act modifies payment requirements for scrap metal dealers that purchase over $500 in scrap metal. For purchases over $500, the dealer must pay by issuing a prenumbered check drawn on a regular bank account in the name of the dealer and with such check made payable to the person documented as the seller, or by using a system for automated cash or electronic payment distribution which photographs or videotapes the seller. If a seller pays in cash and the metal is a catalytic converter, the purchaser must copy the seller's driver's license.

Any person who violates the provisions of this act shall be guilty of a Class B misdemeanor and up to a $500 fine for the first offense, a Class A misdemeanor and up to a $1000 for the second offense, and the revocation of any and all business licenses for the third offense. Any person selling stolen scrap metal shall also be liable for consequential damages.

DONATED GOODS RECEPTACLES (407.485) - This act states that is shall be an unfair business practice for a for-profit entity to collect items via a public recycling bin and resell the items for profit unless the bin is properly marked as set forth in this act. Additionally, this act requires that the owner or operator of the receptacle obtain permission from the property owner where the receptacle is located. The provisions of this section are similar to SB 466 (2013).

KAYLA CRIDER