| (a) | a scrap metal processor or secondary metals dealer or recycler, but does not include:| (i) | junk dealers as defined in Section 76-6-1402; |
| (ii) | solid waste management facilities as defined in Section 19-6-502; or |
| (iii) | the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:| (C) | battery manufacturers; and |
| (D) | secondary lead smelters. See Utah Code 76-6-1402Identification: means a form of positive identification issued by a state of the United States or the United States federal government that:| (a) | contains a numerical identifier and a photograph of the person identified; |
| (b) | provides the date of birth of the person identified; and |
| (c) | includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5Regulated metal: includes :| (i) | aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery; |
| (ii) | property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:| (A) | a telephone, cable, electric, water, or other utility; or |
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| (iii) | unused and undamaged building construction materials made of metal or alloy, including:| (A) | copper pipe, tubing, or wiring; and |
| (B) | aluminum wire, siding, downspouts, or gutters; |
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| (iv) | oil well rigs, including any part of the rig; |
| (v) | nonferrous materials, stainless steel, and nickel; and |
| (vi) | irrigation pipe. See Utah Code 76-6-1402Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5 |
| (a) |
require the information under Subsection (2) for each transaction of regulated metal, except under Subsection 76-6-1406(4); and |
| (b) |
maintain for each purchase of regulated metal the information required by this part in a written or electronic log, in the English language. |
|
| (2) |
The dealer shall require the following information of the seller and shall record the information as required under Subsection (1) for each purchase of regulated metal:
| (a) |
a complete description of the regulated metal, including weight and metallic description, in accordance 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 the regulated metal to the dealer; |
| (d) |
the price per pound and the amount paid for each type of regulated metal purchased by the dealer; |
| (e) |
the date, time, and place of the purchase; |
| (f) |
the type and the identifying number of the identification provided in Subsection (2)(g); |
| (g) |
a form of identification that is a valid United States federal or state-issued photo ID, which includes a driver license, a United States passport, a United States passport card, or a United States military identification card; |
| (h) |
the seller’s signature on a certificate stating that the seller has the legal right to sell the scrap metal or junk; and |
| (i) |
a digital photograph or still video of the seller, taken at the time of the sale, or a clearly legible 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 jurisdiction over 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 dealer does 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 three years from date of entry. |
| (7) |
| (a) |
The dealer may maintain the information required by Subsection (2) for repeat sellers who use the same vehicle to bring regulated metal for each transaction in a relational database that allows the dealer to enter an initial record of the seller’s information and then relate subsequent transaction records to that initial information, except under Subsection (7)(b). |
| (b) |
The dealer shall obtain regarding each transaction with repeat sellers:
| (i) |
a photograph of the seller; and |
| (ii) |
a signature from the seller. |
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| (8) |
A dealer who violates this section is subject to the penalties described in Section 76-6-1403.1. |
Amended by Chapter 111, 2023 General Session
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