SB 1034 Modifies record-keeping requirements for purchasers of scrap metal and creates penalties for unlawful purchases of certain scrap metals
Sponsor: Mayer
LR Number: 4360L.13T Fiscal Note: 4360-13
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/21/2008 - Signed by Governor Journal Page: S1740
Title: HCS SCS SBs 1034 & 802 Calendar Position:
Effective Date: August 28, 2008
House Handler: Kraus

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Current Bill Summary


HCS/SCS/SBs 1034 & 802 - This act modifies the current record-keeping requirements for purchases of copper scrap metal and also applies such record-keeping requirements to purchases of brass, bronze, and certain aluminum scrap metal. The act requires that a separate record be maintained in either written or electronic form for each applicable transaction of copper, brass, bronze, or aluminum scrap metal.

A copy of the scrap metal seller's driver's license or other state or federally-issued photo identification containing the seller's current address must be kept in the transaction record, as well as the date, time, and place of each such transaction. The act removes the existing provision that allows a scrap metal seller's business address to serve in place of a residential address in the record.

Records must be kept for two years after the date the scrap metal was purchased and shall be available for inspection by any law enforcement officer.

The act modifies the penalty for violating the record-keeping requirements by removing the specified fine and jail term ranges, and instead making a violation a Class A misdemeanor.

The act exempts certain scrap metal transactions from the record-keeping requirements: when the total sale amount is not more than $50; when the seller has an existing business relationship with the purchaser and is reasonably expected to generate scrap metal; and when the metal is a minor part of a larger item being sold, except for electrical power generation or telecommunications equipment.

Scrap metal dealers are prohibited from knowingly purchasing or possessing a whole or partial metal beer keg on premises used by the dealer to alter scrap metal, unless the keg is purchased from a brewer or brewer's representative. A violation of this provision is a Class A misdemeanor with a penalty of only a fine.

Scrap yards are prohibited from purchasing metal identified as belonging to a cemetery, political subdivision, electrical cooperative, or any utility, except when purchasing it directly from the metal owner or from a person authorized in writing by the owner to sell such metal. A violation of this provision is a Class B misdemeanor.

Payments by scrap metal dealers larger than $500 shall be made only by check or other traceable method, except in transactions where the seller has an existing business relationship with the dealer and the seller is an established business that generates scrap metal.

The act makes it a Class C felony to steal or appropriate, without the owner's consent, any wire, electrical transformer, metallic wire for telecommunications, or device or pipe used to conduct electricity or transport fuels.

This act is similar to HB 1512 (2008), SB 683 (2007) and HB 547 (2007).

ERIKA JAQUES