50-6,110. Unlawful acts; requirements; information required; exceptions.
50-6,110
50-6,110. Unlawful acts; requirements; informationrequired; exceptions.(a) Except as provided in subsection (d), it shall be unlawful for anyperson to sell any item oritems ofregulated scrap metal to a scrap metal dealer, or employee or agent of adealer,in this state unless suchperson presents to such scrap metal dealer, or employee or agent of suchdealer, at or before the time of sale,the following information: The seller's name, address, sex, date of birth andthe identifyingnumber from the seller'sdriver's license, military identification card, passport orpersonal identification license. The identifying number from anofficial governmental document for a country other than the United States maybe used to meet this requirement provided thata legible fingerprint is also obtained from the seller.
(b) Every scrap metal dealershall keep a register in which the dealer, or employee or agent of thedealer,shall at the time of purchase orreceipt of any itemfor which such information is requiredto be presented, cross-reference to previously received information, oraccurately and legibly record at the time of sale the followinginformation:
(1) The time, date and place of transaction;
(2) the seller's name, address, sex, date of birth and theidentifying number from the seller's driver's license, militaryidentification card, passport or personal identificationlicense; the identifying number from an official governmentaldocument for a country other than the United States may be usedto meet this requirement provided that a legible fingerprint isalso obtained from the seller;
(3) a copy of the identification card or document containingsuch identifying number;
(4) the license number, color and style or make of any motorvehicle in which the junk vehicle or other regulated scrap metalproperty is delivered in a purchase transaction;
(5) a general description, made in accordance with the custom ofthe trade, of the predominant types of junk vehicle or otherregulated scrap metal property purchased in the transaction;
(6) the weight, quantity or volume, made in accordance with thecustom of the trade, of the regulated scrap metal propertypurchased;
(7) if a junk vehicle or vehicle part is being bought or sold, adescription of the junk vehicle or vehicle part, including themake, model, color, vehicle identification number and serialnumber if applicable;
(8) the amount of consideration given in a purchase transactionfor the junk vehicle or other regulated scrap metal property; and
(9) the name of the individual acting on behalf of the regulatedscrap metal dealer in making the purchase.
(c) The scrap metal dealer's register, including copies of identificationcards,may be kept in electronic format.
(d) Notwithstanding the foregoing,this section shall not apply to:
(1) Transactions involving regulated scrap metal, except for catalyticconverters, for which the totalsale price for all regulated scrap metal is $50.00 or less;
(2) transactions involving only catalytic converters for which the total salepriceis $30.00 or less;
(3) transactions inwhich the seller is also a scrap metal dealer; or
(4) transactions for whichthe seller is known to the purchasing scrap metal dealer to be an establishedbusiness that operates out of a fixed business location and that can reasonablybe expected to generate regulated scrap metal.
History: L. 2007, ch. 128, § 2;L. 2009, ch. 88, § 3; July 1.