Bill Text: NJ A2074 | 2014-2015 | Regular Session | Introduced
Bill Title: Revises law concerning the purchase of scrap metal.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2014-10-09 - Received in the Senate, Referred to Senate Budget and Appropriations Committee [A2074 Detail]
Download: New_Jersey-2014-A2074-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
SYNOPSIS
Revises law concerning the purchase of scrap metal.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the purchase of scrap metal, and amending and supplementing P.L.2009, c.8.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2009, c.8 (C.45:28-2) is amended to read as follows:
2. The operator of a scrap metal business shall:
a. Verify the identity of any person delivering or selling scrap metal to the scrap metal business by requesting and examining a photograph-bearing, valid State or federal driver's license or other government-issued form of identification bearing a photograph;
b. Make a clear copy of, and record, in a manner as may be prescribed by the Attorney General, the number of the driver's license or other government-issued form of identification presented by the person delivering or selling the scrap metal, before receiving or purchasing any scrap metal from that person;
c. Maintain, for at least [five years] 18 months, a record of all receipts or purchases of scrap metal [in excess of 100 pounds or $50, whichever is less], including, but not limited to:
(1) the date of receipt or purchase of the scrap metal;
(2) the name and address of the person [delivering or selling] or business that owns the scrap metal being sold;
(3) the type and number of the identification presented by the person delivering or selling the scrap metal, along with a copy of the driver's license or other government-issued form of identification;
(4) a description of the scrap metal received or purchased, including, but not limited to its type, amount, and form;
(5) the signature of the person delivering or selling the scrap metal; [and]
(6) the license plate number of the motor vehicle delivering the scrap metal, as required pursuant to subsection f. of this section;
(7) a digital photographic record of the person delivering the scrap metal, if taken pursuant to paragraph (2) of subsection e. of this section;
(8) a digital photographic record of the scrap metal received or purchased; and
(9) any other information as may be required by the Attorney General; [and]
d. Make any records maintained pursuant to subsection c. of this section available, upon request, to any law enforcement agency or official investigating the possible theft or resale of scrap metals;
e. (1) Except as provided in paragraph (2) of this subsection, make payment to the person or business that owns the scrap metal being sold only by non-transferable check made payable to that person or business, to be mailed to the address recorded pursuant to paragraph (2) of subsection c. of this section.
(2) A scrap metal business may make a cash payment to the person delivering the scrap metal only if a photograph of the person receiving the cash payment is taken and maintained pursuant to subsection c. of this section; and
f. When scrap metal is being delivered to the scrap metal business for purchase or sale, accept delivery of the scrap metal by motor vehicle only, and record the license plate number of any motor vehicle which is used to deliver that scrap metal.
(cf: P.L.2009, c.8, s.2)
2. (New section) a. No scrap metal business shall, except as provided in subsection b. of this section, purchase:
(1) Any metal marked with identification of a telephone, cable, electric, water, other public utility, or other government entity;
(2) Any utility access or water meter cover;
(3) Any street light pole or fixture;
(4) Any road or bridge guard rail;
(5) Any highway or street sign, traffic directional or control sign, or light signal;
(6) Any metal beer keg that is clearly marked as being the property of the beer manufacturer;
(7) Any historical marker, grave marker, or burial vase;
(8) Any central air conditioner evaporator coils or condensers or catalytic converters that are not attached to a vehicle; or
(9) Any metal bleachers or benches.
b. This section shall not apply to purchases of those scrap metals identified and prohibited from purchase by subsection a. of this section if the seller generates and manages those metals in the ordinary course of its business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process these scrap metals in the ordinary course of business.
3. This act shall take effect on the 180th day next following enactment, but the Superintendent of State Police may take such anticipatory action as may be necessary to implement the provisions of this act.
STATEMENT
This bill requires scrap metal businesses to maintain, for at least 18 months, a record of all receipts or purchases of scrap metal, instead of only for those purchases in excess of 100 pounds or $50, as currently provided by law. This bill also requires, with certain specified exemptions, that scrap metal businesses make payment to the person or business that owns the scrap metal being sold only by non-transferable check made payable to that person or business, to be mailed to the address of the person or business that owns the scrap metal being sold. The bill specifies that scrap metal businesses may make cash payments to the person delivering the scrap metal only if a photograph of the person receiving the cash payment is taken and maintained.
Under the bill, when the scrap metal is being delivered to a scrap metal business, if the delivery of scrap metal is by motor vehicle, the scrap metal business must record the license plate number of any motor vehicle which is used to deliver scrap metal.
The bill also provides that no scrap metal business may purchase:
(1) Any metal marked with identification of a telephone, cable, electric, water, other public utility, or other government entity;
(2) Any utility access or water meter cover;
(3) Any street light pole or fixture;
(4) Any road or bridge guard rail;
(5) Any highway or street sign, traffic directional or control sign, or light signal;
(6) Any metal beer keg that is clearly marked as being the property of the beer manufacturer;
(7) Any historical marker, grave marker, or burial vase;
(8) Any central air conditioner evaporator coils or condensers or catalytic converters that are not attached to a vehicle; or
(9) Any metal bleachers or benches.
This provision of the bill does not apply to purchases of those scrap metals if the seller generates and manages those metals in the ordinary course of its business. These sellers include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process these scrap metals in the ordinary course of business.
