§ 17-44-103 - Restrictions on the purchase of certain items.
17-44-103. Restrictions on the purchase of certain items.
(a) A seller shall not sell and a scrap metal recycler shall not purchase the following scrap metal unless reasonable, written documentation is provided that the seller is the owner of the scrap metal or is an employee, agent, or other person authorized to sell the scrap metal on behalf of the owner:
(1) Scrap metal marked with the initials of an electrical company, a telephone company, a cable company, another public utility, or a brewer;
(2) Utility access covers;
(3) Street light poles and fixtures;
(4) Road and bridge guard rails;
(5) Highway or street signs;
(6) Water meter covers;
(7) Metal beer kegs including those made of stainless steel that are clearly marked as being the property of the beer manufacturer;
(8) Traffic directional and control signs;
(9) Traffic light signals;
(10) Any scrap metal marked with the name of a government entity;
(11) Property owned by a telephone company, a cable company, an electric company, a water company, or another utility or by a railroad and marked or otherwise identified as such;
(12) Unused and undamaged building construction or utility materials consisting of copper, pipe, tubing or wiring, or aluminum wire, historical markers, or grave markers and vases;
(13) Catalytic converters that are not part of an entire motor vehicle;
(14) Scrap metal that has been smelted, burned, or melted;
(15) Air conditioning parts unless:
(A) The parts are being sold by a contractor, plumber, or electrician;
(B) A current and valid HVAC license is provided at the time of the sale; and
(C) A copy of the HVAC license number is recorded by the purchaser of the scrap metal; and
(16) Any scrap metal that has been brightly painted or marked to deter theft of the scrap metal.
(b) (1) A scrap metal recycler shall not make a cash payment to a seller known by the recycler to have pleaded guilty or nolo contendere to or to have been found guilty of theft, burglary, or vandalism when the offense involved scrap metal.
(2) Payments to a seller who has pleaded guilty or nolo contendere to or has been found guilty of theft, burglary, or vandalism where the offense involved scrap metal shall be made in the following manner:
(A) A check mailed to the seller; or
(B) An electronic funds transfer initiated no earlier than three (3) days after the date of the transaction.
(3) A scrap metal recycler shall request a list of persons who have pleaded guilty or nolo contendere to or have been found guilty of theft, burglary, or vandalism when the offense involved scrap metal from the appropriate law enforcement agency.
(c) This section does not apply to transactions in which a scrap metal processor purchases, transfers, or otherwise conveys scrap metal to another scrap metal processor.