76-10-907 - Records of sales and purchases -- Identification required.
76-10-907. Records of sales and purchases -- Identification required.
(1) Every dealer shall:
(a) require the information under Subsection (2) for each transaction of regulated metal, exceptunder Subsection 76-10-907.3(4); and
(b) maintain for each purchase of regulated metal the information required by this part in awritten or electronic log, in the English language.
(2) The dealer shall require the following information of the seller and shall record theinformation as required under Subsection (1) for each purchase of regulated metal:
(a) a complete description of the regulated metal, including weight and metallic description, inaccordance with scrap metal recycling industry standards;
(b) the full name and residence of each person selling the regulated metal;
(c) the vehicle type and license plate number, if applicable, of the vehicle transporting theregulated metal to the dealer;
(d) the price per pound and the amount paid for each type of regulated metal purchased by thedealer;
(e) the date, time, and place of the purchase;
(f) the type and number of the identification provided in Subsection (2)(g);
(g) at least one form of identification;
(h) the seller's signature on a certificate stating that he has the legal right to sell the scrap metalor junk; and
(i) a digital photograph or still video of the seller, taken at the time of the sale, or a clearlylegible photocopy of the seller's identification.
(3) No entry in the log may be erased, deleted, mutilated, or changed.
(4) The log and entries shall be open to inspection by the following officials having jurisdictionover the area in which the dealer does business during regular business hours:
(a) the county sheriff or deputies;
(b) any law enforcement agency; and
(c) any constable or other state, municipal, or county official in the county in which the dealerdoes business.
(5) A dealer shall make these records available for inspection by any law enforcement agency,upon request, at the dealer's place of business during the dealer's regular business hours.
(6) Log entries made under this section shall be maintained for not less than one year from dateof entry.
(7) The dealer may maintain the information required by Subsection (2) for repeat sellers whouse the same vehicle to bring regulated metal for each transaction in a relational database that allows thedealer to enter an initial record of the seller's information and then relate subsequent transaction recordsto that initial information.
(8) This section does not apply to a single purchase of regulated metal by a dealer if:
(a) the weight of regulated metal is less than 50 pounds; and
(b) the price paid to the seller is less than $100.
Amended by Chapter 325, 2009 General Session