§ 17-44-102 - Records required.
17-44-102. Records required.
(a) (1) Each scrap metal recycler doing business in the State of Arkansas shall maintain an accurate and legible record of each scrap metal purchase transaction.
(2) Individual records shall not be required for a series of scrap metal purchase transactions made under a contract.
(3) The data required under subdivision (b)(1) of this section may be maintained for repeat sellers in a relational database allowing the scrap metal recycler to record the information one (1) time and relate future purchase records to that information.
(4) A municipality or county may require by ordinance electronic or digital records and reporting methods.
(b) The record of each scrap metal purchase transaction shall contain the following information taken at the time of sale and kept on record:
(1) The name, address, gender, birth date, and identifying number from the seller's driver's license, military identification card, passport, or other form of government-issued photo identification;
(2) A photocopy of the government-issued photo identification provided under subdivision (b)(1) of this section;
(3) The date of the scrap metal purchase transaction;
(4) The digital thumbprints of the seller;
(5) (A) A general description of the predominant types of scrap metal purchased.
(B) The general description shall be made in accordance with the custom of the trade;
(6) A general description of the configuration of the scrap metal and whether the material is insulated;
(7) The weight, quantity, or volume, recorded in accordance with the custom of the trade, of the scrap metal purchased;
(8) The consideration paid;
(9) The license plate number of the vehicle used in transporting the materials to the scrap metal recycler's place of business; and
(10) A date-and-time-stamped digital photograph of the:
(A) Seller; and
(B) Scrap metal in the form in which it was purchased.
(C) The name of the person taking the photographs under subdivision (b)(10)(A) of this section shall be recorded and provided with the photographs.
(c) The photocopy required under subdivision (b)(2) of this section, the digital thumbprints required under subdivision (b)(4) of this section, and the digital photographs taken required under subdivision (b)(10)(A) of this section shall be reasonably clear.
(d) (1) For records required under subsection (b) of this section, a scrap metal recycler shall file a daily electronic record of scrap metal purchases made for that day.
(2) The report shall be made daily by entering the information into an automated database which may be interfaced by law enforcement statewide.
(e) A seller shall provide the following to a purchaser:
(1) A copy of a valid driver's license, military identification card, passport, or other form of government-issued photo identification;
(2) A signed statement that the seller is the owner or is otherwise authorized to sell the scrap metal; and
(3) A general description of where and how the seller acquired the scrap metal.
(f) The records required under this section shall be:
(1) Kept for a period of one (1) year;
(2) Made available to any law enforcement office of the State of Arkansas and any Arkansas municipality or county; and
(3) Available for use in any legal proceeding.
(g) This section shall not apply to transactions:
(1) In which a scrap metal processor purchases, transfers, or otherwise conveys scrap metal to another scrap metal processor if the purchaser or transferee obtained a bill of sale or similar document at the time of transfer;
(2) Involving only beverage or food containers; or
(3) Involving only ferrous metals.