1     
SCRAP METAL AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel Hemmert

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the purchase of regulated metals.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits a dealer from purchasing a catalytic converter without receiving proof that
13     the owner of the catalytic converter is the owner of the vehicle from which the
14     catalytic converter was removed; and
15          ▸     make technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-6-1406, as renumbered and amended by Laws of Utah 2013, Chapter 187
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-6-1406 is amended to read:
26          76-6-1406. Restrictions on the purchase of regulated metal -- Exemption.
27          (1) A dealer may conduct purchase transactions involving regulated metal only

28     between the hours of 6 a.m. and 7 p.m.
29          (2) Except when the dealer pays a government entity by check for regulated metal, the
30     dealer may not purchase any of the following regulated metal without obtaining and keeping on
31     file reasonable documentation that the seller is an employee, agent, or contractor of a
32     governmental entity who is authorized to sell the item of regulated metal property on behalf of
33     the governmental entity:
34          (a) a manhole cover or sewer grate;
35          (b) an electric light pole; or
36          (c) a guard rail.
37          (3) (a) A dealer may not purchase suspect metal without obtaining the information
38     under Subsection (3)(b) identifying the owner of the suspect metal.
39          (b) The owner of the suspect metal shall provide in writing:
40          (i) the owner's telephone number;
41          (ii) the owner's business or residential address, which may not be a post box;
42          (iii) a copy of the owner's driver license; [and]
43          (iv) a signed statement that the person is the lawful owner of the suspect metal and
44     authorizes the seller, identified by name, to sell the suspect metal[.]; and
45          (v) for a catalytic converter, a copy of one of the following documents, proving that the
46     owner of the catalytic converter is the lawful owner of the vehicle from which the catalytic
47     converter was removed:
48          (A) certificate of title; or
49          (B) certificate of registration.
50          (c) The dealer shall keep the identifying information provided in Subsection (3)(b) on
51     file for not less than one year.
52          (4) Transactions with businesses that have an established account with the dealer are
53     exempt from the requirements of Subsections (2) and (3) if the business holds a valid business
54     license, and:
55          (a) (i) the dealer has on file a statement from the business identifying those employees
56     authorized to sell all metals to the dealer; and
57          (ii) the dealer conducts regulated metal transactions only with those identified
58     employees of the business and records the name of the employee when recording the

59     transaction;
60          (b) the dealer has on file reasonable documentation from the business that any person
61     verified as representing the business as an employee, and whom the dealer has verified is an
62     employee, may sell regulated metal; or
63          (c) the dealer makes payment for regulated metal purchased from a person by issuing a
64     check to the business employing the seller.