SB 318
Modifies provisions relating to scrap metals
Sponsor:
May
LR Number:
1059S.02C
Committee:
Last Action:
5/7/2021 - Informal Calendar S Bills for Perfection w/SCS
Journal Page:
Title:
SCS SB 318
Calendar Position:
Effective Date:
August 28, 2021

Current Bill Summary

SCS/SB 318 - This act modifies provisions relating to scrap metals.

SCRAP METAL OPERATORS (Section 301.227):

Provisions allowing scrap metal operators to purchase older inoperable motor vehicle parts without receiving a title shall not be applicable to the city of St. Louis, St. Louis County, the city of Kansas City, Clay County, Platte County, or Jackson County. If a scrap metal dealer has knowledge that an older inoperable motor vehicle or parts thereof are registered in the city of St. Louis, St. Louis County, the city of Kansas City, Clay County, Platte County, or Jackson County, the scrap metal dealer shall not acquire or purchase the motor vehicle or parts without first obtaining title, a junking certificate, or a bill of sale as set forth in the act. This provision shall not apply to persons or entities licensed by the Department of Revenue as a: manufacturer, motor vehicle dealer, boat dealer, wholesale motor vehicle auction, public motor vehicle auction, or wholesale motor vehicle dealer.

RESALE OF CERTAIN SCRAP METALS (Sections 407.296-407.302):

No person shall engage in the business of a copper property peddler, as such term is defined in the act, in Kansas City or the city of St. Louis without first obtaining a license from the governing municipality 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.

A scrap metal dealer, as defined in the act, shall pay for any copper property or HVAC components as set forth in the act.

If a scrap metal dealer has actual knowledge that any copper property or HVAC component in its possession has been stolen, the dealer shall notify the local police department and provide any information relative to the seller or the sale transaction. The police department may issue a written notice to the scrap metal dealer placing a 10 day hold on the property if there is reasonable suspicion that the scrap metal dealer is in possession of stolen property.

The act makes it unlawful for any person to knowingly present for sale to a scrap metal dealer stolen ferrous or nonferrous metal. Any person who knowingly tries to sell stolen ferrous or nonferrous metal shall, upon conviction, be subject to a fine of not less than $500 or imprisonment for a period not to exceed 90 days, or both the fine and imprisonment.

Additionally, it is unlawful for a person to willfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property owned by a third party for the purpose of obtaining ferrous or nonferrous metals. A violation of this provision is a fine of not less than $500 or imprisonment for a period not to exceed 90 days, or both the fine and imprisonment.

A copper property peddler's license shall be revoked if he or she knowingly violates the provisions of the act.

A purchaser or collector of, or dealer in, junk, scrap metal, or any secondhand property shall keep a record of purchases or trades of materials. A full description of the material shall be included, along with any business license number or the copper property peddler's license, amount paid, and license plate number of the vehicle delivering the material.

The record shall be maintained for a period of 3 years, rather than a minimum of 24 months. All records shall be photocopied.

Any person selling copper property who holds a valid business license or copper property peddler's license shall present a copy of such license to a scrap metal dealer. A transaction receipt shall be issued and contain information as set forth in the act. A scrap metal dealer, the agent employee, or representative of a scrap metal dealer shall not disclose personal information concerning a customer without the consent of the customer unless such disclosure is made in response to a request from a law enforcement agency.

Hours of retail operation for scrap metal dealers shall be no earlier than 6:00 a.m. and no later than 7:00 p.m.

No scrap metal dealer shall purchase or otherwise receive from a person under the age of 18 any ferrous or nonferrous metal other than aluminum cans.

A scrap metal dealer shall register with or subscribe to the alert system established by the Institute of Scrap Recycling Industries, Inc. and maintain such registration or subscription.

No scrap yard shall purchase any metal, including certain cables used in high voltage transmission lines and historical markers, that can be identified as belonging to certain entities listed in the act.

No person shall knowingly sell or attempt to sell to a scrap metal dealer and no scrap metal dealer shall knowingly and willfully purchase the following:

• new materials, equipment, or tools used by contractors unless accompanied by proof of ownership or authorization to sell the materials on behalf of the owner;

• HVAC components unless accompanied by written authorization from the business or property owner evidencing the seller has the legal right to sell the material;

• catalytic converters removed from a motor vehicle unless purchased from a vehicle repair business.

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

JAMIE ANDREWS

Amendments

No Amendments Found.