| (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 76-6-1402Jurisdiction: (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.Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5Property: includes both real and personal property. See Utah Code 68-3-12.5Regulated 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 |
|
| (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; |
|
| (iv) | oil well rigs, including any part of the rig; |
| (v) | nonferrous materials, stainless steel, and nickel; and |
| (vi) | irrigation pipe. See Utah Code 76-6-1402written: 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) |
If a law enforcement agency has reasonable cause to believe that items of regulated metal in the possession of a dealer are stolen, the law enforcement agency may issue a written hold notice. |
| (b) |
The hold notice described in Subsection (1)(a) shall:
| (i) |
identify those items of regulated metal alleged to be stolen and subject to hold; and |
| (ii) |
inform the dealer of the restrictions imposed on the regulated metal property under Subsection (2). |
|
|
| (2) |
For 60 days after the date of receiving a hold notice, a dealer may not process or remove from the dealer’s place of business any regulated metal identified in the hold notice, unless the property is released earlier by the law enforcement agency or by order of a court of competent jurisdiction. |
| (3) |
On the expiration of the hold notice period, the hold is automatically released, and the dealer may dispose of the regulated metal, unless otherwise directed by a court of competent jurisdiction. |
| (4) |
A dealer who violates this section is subject to the penalties described in Section 76-6-1409.1. |
Amended by Chapter 111, 2023 General Session
|
