HB 69 Modifies provisions relating to certain metals

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Current Bill Summary

- Prepared by Senate Research -


SCS/HCS#2/HB 69 - This act modifies provisions relating to certain metals.

PRECIOUS METALS (407.292)

Under current law, each item purchased by a buyer of precious metal shall be retained in an unaltered condition for 5 full working days. Under this amendment, such metal shall remain in an unaltered state for a period of 10 days that the buyer is open to the public.

Finally, records of buyer transactions shall be made available upon request and shall be made available at the location where the transaction occurred. The buyer shall not keep law enforcement officials, governmental entities, or any other concerned entities or persons from accessing such records during the buyer's normal business hours.

This provision is similar to SB 946 (2020).

COPPER PROPERTY (Section 407.297)

No person shall engage in the business of a copper property peddler, as such term is defined in the act, in the city of St. Louis without first obtaining a license from the city and complying with the provisions of the act.

The requirements for the application for a license are set forth in the act. No license shall be granted to any person who has been convicted of burglary, robbery, stealing, theft, or possession or receiving stolen goods in the 2 years prior to the date of application.

The city has the power and authority to revoke a copper property peddler's license for any willful violation of the act.

This provision shall only be effective when the city is actively issuing licenses to copper property peddlers.

This provision is similar to SCS/SB 38 (2021), SCS/SB 608 (2020), SCS/SB 492 (2019), and HB 395 (2013).

RECORDS FOR THE SALE OF METAL (Section 407.300)

This act requires records of sales of certain metals to be maintained for 3 years rather than 2 years. A transaction that includes a detached catalytic converter shall occur at the fixed place of business of the purchaser. A detached catalytic converter shall be maintained for 5 business days before it is altered, modified, disassembled, or destroyed.

Anyone licensed for selling motor vehicle parts as set forth in statute who is knowingly purchases a stolen detached catalytic converter shall be subject to penalties as set forth in the act.

Currently, every purchaser or collector of, or dealer in, junk, scrap metal, or any second hand property is required to maintain written or electronic records for each purchase or trade in which certain types of material are obtained for value, with exceptions. This act repeals the exception to the records requirement for any transaction for which the total amount paid for all regulated material purchased or sold does not exceed $50, unless the material is a catalytic converter.

The records requirement of the act does not apply to transactions for which the seller has an existing business relationship with the purchaser and for which the seller is paid by check or by electronic funds transfer, or the seller produces an acceptable identification, which shall be a copy of the driver's license or photo identification issued by the state or by the U.S. government or agency thereof, and a copy is retained by the purchaser.

The act also specifies that transactions for metal that is a minor part of heating and cooling equipment shall not be subject to the records requirement of the act.

This provision is similar to HCS/HB 1153 (2021).

OFFENSE OF STEALING (Section 570.030)

The offense of stealing shall be a Class E felony if the property is a catalytic converter.

JAMIE ANDREWS


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