Mr. President:
The Business and Labor Committee reports a favorable recommendation on S.B. 44,
SCRAP METAL TRANSACTIONS, by Senator J. Greiner, with the following amendments:
Respectfully,
Kevin T. VanTassell
Voting: 6-1-0
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requires that dealers hold regulated metals for three days and
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allows a law
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. provides that violation of these requirements by the dealer or the seller is a class
B
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(C)
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76-10-910.2, Utah Code Annotated 1953
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(7) (a) "Regulated metal" means any item composed
in whole or in part of any
ferrous
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or
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(ii)
metals and alloys that include materials and equipment commonly used
in
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construction, agricultural operations, and electrical power generation
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(A) a telephone, cable, electric, water, or other utility; or
(B) a railroad company
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(iii)
railroad equipment
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unused and undamaged building construction
materials made of metal or allow, including:
(A) copper pipe, tubing, or wiring; and
(B) aluminum wire, siding, downspouts, or gutters
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(iv) oil well rigs;
and
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(v) nonferrous materials, stainless steel, and nickel
(vi) irrigation pipe
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(i)
scrap iron
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ferrous metal, except as provided in Subsections
(7)(b)(ii) or (iv)
;
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(ii) household generated
waste
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recyclable materials
;
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(h)
inconel, monel, and hast alloy
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nickel and nickel alloys containing
greater than 50% nickel
; and
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(i) #1 and #2 copper as defined by the most recent institute of Scrap Recycling
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Industries, Inc., Scrap Specifications Circular
(A) greenline copper;
(B) copper pipe, tubing, or wiring; or
(C) aluminum wire, siding, downspouts, or gutters.
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metallic description [if scrap metal]
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(f) the type and number of the identification provided in Subsection
(2)
(a)
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(g)
[.];
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sell the scrap metal or junk[.];
and
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clearly legible photocopy of the seller's identification
(j) a legible fingerprint of the seller's right thumb, or if the right thumb cannot be
fingerprinted, a legible fingerprint of the seller with a written notation identifying
the fingerprint and the reason why the thumb print was unavailable
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(4) The [receipt book] log and entries shall
at all times
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be open to
inspection by the
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metal processor] does business
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(6) Log entries made under this section shall be maintained for not less than three
years
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from date of entry.
(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; or
(b) the price paid to the seller is less than $100.
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between the hours of
7 a.m.
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6 a.m.
and 7 p.m.
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(2)
A
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Except when the dealer pays a government entity by check for
regulated metal, the
dealer may not purchase any of the following regulated metal
without obtaining
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and keeping on file
written proof
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reasonable documentation
that the seller
is an employee, agent, or contractor of a
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file for not less than
three years
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one year
.
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(a) the business holds a valid business license;
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(b)
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(i)(A)
the dealer has on file a statement from the business identifying
those employees
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(c)
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(B)
the dealer conducts regulated metal transactions only with those
identified
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transaction
(ii) the dealer has on file reasonable documentation from the business that any
person verified as representing the business as an employee, and whom the dealer
has verified is an employee, may sell regulated metal; or
(iii) the dealer makes payment for regulated metal purchased from a person by
issuing a check to the business employing the seller.
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provisions of this part is guilty of a class
B
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(C)
misdemeanor[; provided that
this part shall not be
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Section 10.
Section
76-10-910.2
is enacted to read:
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76-10-910.2.
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Seventy-two hour hold on regulated metal -- Management
of
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regulated metal -- Exceptions.
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(1) Except as provided in Subsection (3), a dealer shall retain possession of
purchased
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regulated metal at the dealer's place of business where the regulated metal was
purchased and
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withhold the regulated metal from alteration, processing, resale, or salvage use for
72 hours
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after purchase, unless the property is released earlier by written order of the local
law
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enforcement agency or by order of a court of competent jurisdiction.
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(2) (a) Except as provided in Subsection (2)(b), a dealer shall segregate all
regulated
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metal purchased from a seller from regulated metal property purchased from other
sellers and
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shall attach to the regulated metal, or to the container in which the regulated metal
is held, a
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label indicating the name of the seller, the date on which the regulated metal was
purchased,
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and the number of the receipt on which the purchase information is recorded.
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(b) If in any single purchase transaction there are multiple items of regulated
metal of
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the same general type, only one representative item from each type of regulated
metal must be
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segregated and labeled in accordance with this Subsection (2).
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(3) The hold, segregation, and labeling requirements of Subsections (1) and (2)
do not
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apply to any item of regulated metal composed solely of ferrous metal material,
unless the
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dealer has received a hold notice from the local law enforcement agency.
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(4) While in possession of purchased regulated metal, a dealer shall make the
metal
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available for inspection by any law enforcement agency at the dealer's place of
business during
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regular business hours of the dealer.
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Committee Chair
3 SB0044.SC1.wpd anicholson/AMN SCA/SES 1/26/07 9:27 am
Bill Number
*SB0044*
SB0044