Bill Text: AZ HB2646 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Scrap metal dealers; requirements; penalties
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-09 - Referred to House COM Committee [HB2646 Detail]
Download: Arizona-2010-HB2646-Introduced.html
CORRECTED Feb 02 2010
|
REFERENCE TITLE: scrap metal dealers; requirements; penalties |
|
State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
|
|
HB 2646 |
|
|
|
Introduced by Representative Weiers JP
|
AN ACT
amending sections 13‑3728, 44‑1641, 44‑1642, 44‑1642.01 and 44‑1643, Arizona Revised Statutes; amending section 44‑1644, Arizona Revised Statutes, as amended by laws 2007, chapter 186, section 3; amending section 44‑1644, Arizona Revised Statutes, as amended by laws 2009, chapter 144, section 9; amending section 44‑1646, Arizona Revised Statutes, as amended by laws 2007, chapter 186, section 4; amending section 44‑1646, Arizona Revised Statutes, as amended by laws 2009, chapter 144, section 10; relating to scrap metal.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3728, Arizona Revised Statutes, is amended to read:
13-3728. Unlawful purchase or sale of used catalytic converter; classification; definition
A. It is unlawful for a person to purchase or sell a used catalytic converter unless the purchase or sale is in the ordinary course of business by a commercial motor vehicle parts or repair business in connection with the sale or installation of a new catalytic converter to a person or entity unless the person or entity is a scrap metal dealer as defined in section 44‑1641, a commercial motor vehicle parts or repair business or an automotive recycler as defined and licensed pursuant to title 28, chapter 10, and the sale is in the ordinary course of business.
B. This section does not apply to an automotive recycler as defined and licensed pursuant to title 28, chapter 10 or a scrap metal dealer as defined in section 44‑1641.
B. It is unlawful for a person or entity to purchase a used catalytic converter unless the person or entity is a scrap metal dealer as defined in section 44‑1641, a commercial motor vehicle parts or repair business or an automotive recycler as defined and licensed pursuant to title 28, chapter 10.
C. A violation of this section is a class 1 misdemeanor.
D. For the purposes of this section, "catalytic converter" means motor vehicle exhaust system parts that are used for controlling the exhaust emissions from motor vehicles and that contain a catalyst metal.
Sec. 2. Section 44-1641, Arizona Revised Statutes, is amended to read:
44-1641. Definitions
In this article, unless the context otherwise requires:
1. "Business records" means records of any purchase, trade, barter or other transaction that involves the receipt of scrap metals and that is made in the ordinary course of business at or near the time of the purchase, trade, barter or transaction including receipts, books or similar records as prescribed by section 44-1642, but does not include correspondence, tax returns or financial statements.
2. "Ferrous metals" means those metals which will attract a magnet.
3. "Industrial account" means a person or business entity that files or is required to file monthly returns for that person's or entity's transaction privilege tax licenses or a governmental entity that sells scrap metal to a scrap metal dealer.
4. "Nonferrous metals" means those metals which will not normally attract a magnet including copper, brass and aluminum.
5. "Scrap metal dealers" means each person or business entity including all employees of the person or business entity, except automotive recyclers as defined and licensed pursuant to title 28, chapter 10, and whose primary business is the dismantling, selling or disposing of parts or accessories of motor vehicles engaged in the business of purchasing, trading, bartering or otherwise receiving secondhand or castoff material of any kind, except used beverage containers, which is commonly known as scrap metal.
6. "Scrap metals" includes insulated and uninsulated all ferrous and nonferrous metallic cables materials.
Sec. 3. Section 44-1642, Arizona Revised Statutes, is amended to read:
44-1642. Records of purchase; transaction limitations; age requirement for scrap metal seller; exception
A. Every scrap metal dealer shall keep on the business premises an electronic record with an additional electronic backup, a book or other similar record legibly printed or written in ink, in the English language of each transaction exceeding twenty‑five dollars involving the receipt of scrap metal. The record of each receipt of scrap metal shall include the following information:
1. The date, time and place of the transaction.
2. A photograph and an identifying description and weight of the specific scrap metal received.
3. The dollar amount of the transaction.
4. The seller's name, physical description including gender, height, weight, race and eye and hair color, physical address, date of birth, and signature and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28‑3165 or photo identification card issued by a tribal government or the United States military. The scrap metal dealer must validate the recorded information by using the seller's current driver license, nonoperating identification license issued pursuant to section 28‑3165 or photo identification card issued by a tribal government or the United States military.
5. The seller's transaction privilege tax number, if applicable.
6. The number and state of issuance of the license on the vehicle used to deliver the scrap metal.
7. A photograph, video record or digital record of the seller involved in the transaction.
8. A right index fingerprint of the seller.
B. The record and entries shall be retained in an electronic record with an additional electronic backup, a book or similar record at the business premises for one year after making the final entry of any transaction and shall be retained either at the business premises or any other reasonably available location for an additional year. A scrap metal dealer shall not purchase materials for which a record is required to be kept by this section in a series of purchases under twenty-five dollars to avoid the requirements of this section. A scrap metal dealer's business premises, business records relating to scrap metal transactions, including an electronic record with an additional electronic backup, a book or similar record prescribed by this section, and business inventory shall be open during regular business hours for reasonable inspection by a peace officer. Before an inspection shall take place a peace officer shall first identify himself and the purpose for the inspection to the scrap metal dealer, dealer's manager or other responsible person and comply with all reasonable and customary safety requirements of that scrap metal dealer for the business premises inspected. The scrap metal dealer may require the peace officer to sign an inspection log that includes the officer's name and serial or badge number and the time, the date and the purpose for the inspection.
C. A scrap metal dealer shall not provide payment for any scrap metal on site at the time of the scrap metal transaction. Payment shall be made by mailing a check or money order to a physical address provided by the seller through a current driver license or other identification prescribed in subsection A, paragraph 4 of this section. The check or money order shall be made payable to the business name for an industrial account. This subsection:
1. Except as provided in paragraphs 2 and 3 of this subsection, only applies to industrial accounts, copper and aluminum wire with a diameter of at least three-eighths of an inch.
2. Except as provided in paragraph 3 of this subsection, applies to all scrap metal transactions of three hundred dollars or more.
3. Does not apply to industrial accounts if the industrial accounts annually preregister employees who are authorized sellers on behalf of the industrial accounts.
D. A scrap metal dealer shall provide a receipt to the seller on site at the time of the scrap metal transaction, for every transaction, and shall include the following information:
1. The date, time and place of the transaction.
2. An identifying description and weight of the specific scrap metal received.
3. The dollar amount of the transaction.
E. A scrap metal seller may not conduct a series of transactions for one vehicle load of scrap metal to avoid the requirements of this section.
F. A scrap metal seller shall not participate in more than one cash reportable transaction per day for scrap metal.
G. A scrap metal seller shall be at least sixteen years old of age.
H. This section does not apply to transactions involving used aluminum beverage containers or materials consisting of a metal product in its original manufactured form that is comprised of no more than twenty per cent by weight nonferrous metal.
I. A scrap metal dealer shall not conduct more than one reportable scrap metal transaction with the same seller in a day.
J. A scrap metal dealer shall not conduct a series of transactions with different sellers from the same vehicle load of scrap metal to avoid the requirements of this section.
Sec. 4. Section 44-1642.01, Arizona Revised Statutes, is amended to read:
44-1642.01. Prohibited scrap metal transactions; exceptions; violation; classification
A. A scrap metal dealer shall not knowingly purchase the following types of scrap metal in its original manufactured form:
1. Metal manhole covers that are used to cover street or alley service personnel access entrances to municipal sewers and storm drains.
2. Brass or bronze valves or fittings that are commonly used on structures for access to water for the purpose of extinguishing fires.
3. Brass or bronze commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal domestic water service systems from commercial structures.
4. Water meters that are used for measurement of the use and consumption of domestic water.
5. Aluminum trench shoring that is commonly used for shoring below ground trenches and excavations for the construction of buildings and structures.
6. Aluminum loading ramps that are manufactured and used for loading motor vehicles for hauling the motor vehicles.
7. Aluminum or stainless steel beer or malt beverage kegs that are commonly used by brewers or producers for the sale and transportation of beer or malt beverages.
8. Catalytic converters. For the purposes of this paragraph, "catalytic converters" means motor vehicle exhaust system parts that are used for controlling the exhaust emissions from motor vehicles and that contain a catalyst metal.
9. Commercial or industrial grade transformers.
B. This section does not apply to or prohibit the purchase or possession of the types of items listed in subsection A and that are acquired in transactions with industrial accounts, with other scrap metal dealers or after the scrap metal is authorized for release by a peace officer of that jurisdiction.
C. A scrap metal dealer who violates this section is guilty of a class 1 misdemeanor.
Sec. 5. Section 44-1643, Arizona Revised Statutes, is amended to read:
44-1643. Violation; classification
A scrap metal dealer who fails in any respect to keep an electronic record with an additional electronic backup, a book or similar record prescribed by section 44-1642 or to set out in a book or similar record any matter this article requires or who refuses, upon demand of any peace officer of this state, to exhibit a book or similar record, business record, receipt or transaction record, or who knowingly destroys a book or similar record within two years one year after making the final entry of any transaction or who otherwise fails to comply with this article, is guilty of a class 1 misdemeanor.
Sec. 6. Section 44-1644, Arizona Revised Statutes, as amended by Laws 2007, chapter 186, section 3, is amended to read:
44-1644. Report to the department of public safety; exemption; violation; classification
A. Within twenty-four hours of receipt of scrap metals, except from an industrial account or a scrap metal dealer, for which a record is required to be kept by section 44‑1642, a scrap metal dealer shall deliver to the department of public safety a record of the receipt of the scrap metals. The record shall include the following information:
1. The date, time and place of the receipt of the scrap metal.
2. An identifying description of the specific scrap metal received, including the weight and amount of the transaction or other consideration given.
3. A description of the person delivering the metal to the scrap metal dealer including the person's gender, height, weight, race and hair and eye color, address and date of birth and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28‑3165 or photo identification card issued by a tribal government or the United States military.
4. The number and state of issuance of the license on the vehicle used to deliver the scrap metal.
B. For any reportable copper, aluminum wire with a diameter of at least three-eighths of an inch transaction and transactions with a value over one hundred dollars, a scrap metal dealer shall hold in its custody in the same size, shape and condition in which the scrap metal was received on its business premises any scrap metal received in a reportable transaction for seven days after filing the report prescribed by subsection A of this section.
C. Subsection B of this section does not apply to transactions with industrial accounts, other scrap metal dealers or purchases by scrap metal dealers of used aluminum beverage containers or ferrous scrap metals and of scrap metal authorized for release by a peace officer of that jurisdiction.
D. A person scrap metal dealer who fails to file a report prescribed by this section is guilty of a class 1 misdemeanor.
Sec. 7. Section 44-1644, Arizona Revised Statutes, as amended by Laws 2009, chapter 144, section 9, is amended to read:
44-1644. Report to the department of public safety; exemption; violation; classification
A. Within twenty-four hours of receipt of scrap metals, except from an industrial account or a scrap metal dealer, for which a record is required to be kept by section 44‑1642, a scrap metal dealer shall electronically submit to the department of public safety a record of the receipt of the scrap metals. The record shall include the following information:
1. The date, time and place of the receipt of the scrap metal.
2. An identifying description of the specific scrap metal received including the weight and amount of the transaction or other consideration given.
3. A description of the person delivering the metal to the scrap metal dealer including the person's gender, height, weight, race and hair and eye color, address and date of birth and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28‑3165 or photo identification card issued by a tribal government or the United States military.
4. The number and state of issuance of the license on the vehicle used to deliver the scrap metal.
B. The department of public safety shall establish by rule electronic submission standards. The submission standards shall allow the submission of the information in an electronic format that is compatible with the output format of not less than four of the record keeping software programs currently in use in the scrap metal industry in this state in a manner that will allow the information to be electronically merged with the department of public safety's database. A scrap metal dealer that submits information to the department of public safety pursuant to this section shall not be required to submit the same information to a local law enforcement agency.
C. The department of public safety shall make the information submitted pursuant to this section available to local law enforcement agencies over the internet and shall provide for training and procedures to allow law enforcement personnel to access the information provided electronically for law enforcement purposes.
D. For any reportable copper, aluminum wire with a diameter of at least three‑eighths of an inch transaction and transactions with a value over one hundred dollars, a scrap metal dealer shall hold in its custody in the same size, shape and condition in which the scrap metal was received on its business premises any scrap metal received in a reportable transaction for seven days after filing the report prescribed by subsection A of this section.
E. Subsection D of this section does not apply to transactions with industrial accounts, other scrap metal dealers or purchases by scrap metal dealers of used aluminum beverage containers or ferrous scrap metals and of scrap metal authorized for release by a peace officer of that jurisdiction.
F. A person scrap metal dealer who fails to file a report prescribed by this section is guilty of a class 1 misdemeanor.
Sec. 8. Section 44-1646, Arizona Revised Statutes, as amended by Laws 2007, chapter 186, section 4, is amended to read:
44-1646. Burned metallic wire; aluminum wire; copper wire; transaction restrictions; applicability; violation; classification
A. A scrap metal dealer shall not purchase or otherwise receive metallic wire that was burned in whole or in part to remove insulation unless the scrap metal dealer receives from the scrap metal seller written evidence identifying the person who delivers the wire to the scrap metal dealer that includes evidence that the wire was lawfully burned.
B. A scrap metal dealer shall not accept aluminum wire with a diameter of at least three-eighths of an inch or any copper wire that has had the insulation removed and shall not remove the insulation from the wire until after the seven day period prescribed by section 44‑1644, subsection B.
C. This section does not apply to transactions with all industrial accounts or to transactions between scrap metal dealers.
D. A scrap metal dealer who violates this section is guilty of a class 1 misdemeanor.
Sec. 9. Section 44-1646, Arizona Revised Statutes, as amended by Laws 2009, chapter 144, section 10, is amended to read:
44-1646. Burned metallic wire; aluminum wire; copper wire; transaction restrictions; applicability; violation; classification
A. A scrap metal dealer shall not purchase or otherwise receive metallic wire that was burned in whole or in part to remove insulation unless the scrap metal dealer receives from the scrap metal seller written evidence identifying the person who delivers the wire to the scrap metal dealer that includes evidence that the wire was lawfully burned.
B. A scrap metal dealer shall not accept aluminum wire with a diameter of at least three-eighths of an inch or any copper wire that has had the insulation removed and shall not remove the insulation from the wire until after the seven day period prescribed by section 44‑1644, subsection D.
C. This section does not apply to transactions with all industrial accounts or to transactions between scrap metal dealers.
D. A scrap metal dealer who violates this section is guilty of a class 1 misdemeanor.
Sec. 10. Effective date
A. Section 44-1644, Arizona Revised Statutes, as amended by Laws 2009, chapter 144, section 9 and this act, is effective from and after August 31, 2010.
B. Section 44-1646, Arizona Revised Statutes, as amended by Laws 2009, chapter 144, section 10 and this act, is effective from and after August 31, 2010.
