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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 aluminum scrap metal. The act requires that a separate record be maintained in either written or electronic form for each applicable transaction of copper or aluminum scrap metal. The act adds pipe, tubing, bars, ingots, rods, fittings, fasteners, and farming materials to the kinds of copper or aluminum items for which a transaction record must be kept. 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 2 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 copper or aluminum 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 cast iron manhole covers from anyone other than a person who is authorized by the manholes' owner to sell such manhole covers. A violator of this provision shall be subject to a fine of at least $25 but not more than $500, or to a jail term of at least 30 days but not more than 6 months, or both such penalties. Payments greater than $100 by scrap metal dealers for copper or aluminum shall be made only by check or other traceable payment method, except for aluminum beverage cans or 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 D felony to steal or appropriate, without the owner's consent, any wire or plumbing material containing ferrous or non-ferrous metal. This act is similar to HB 1512 (2008), SB 683 (2007) and HB 547 (2007). ERIKA JAQUES
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