SB274, s. 18
20Section
18. 134.405 (3) (b) 5. of the statutes is amended to read:
SB274,6,2321
134.405
(3) (b) 5. A description of the predominant types of nonferrous scrap,
22metal articles, or proprietary articles the scrap
metal dealer has purchased from the
23commercial account.
SB274, s. 19
24Section
19. 134.405 (3) (c) of the statutes is amended to read:
SB274,7,5
1134.405
(3) (c) Except as provided under sub. (4), a scrap
metal dealer may
2disclose personally identifiable information recorded or maintained under this
3subsection only to a successor in interest to the scrap
metal dealer, including a
4successor in interest that arises as a result of a merger, sale, assignment,
5restructuring, or change of control.
SB274, s. 20
6Section
20. 134.405 (4) (a) of the statutes is amended to read:
SB274,7,97
134.405
(4) (a) A scrap
metal dealer shall make the records required under sub.
8(3) (a) 2. to 5. and (b) available to a law enforcement officer who presents the agent's
9credentials at the scrap
metal dealer's place of business during business hours.
SB274, s. 21
10Section
21. 134.405 (4) (b) of the statutes is amended to read:
SB274,7,1511
134.405
(4) (b) A scrap
metal dealer shall maintain the records required under
12sub. (3) (a) 2., 4., and 5. and (b) 4. and 5. for not less than 2 years after recording it.
13A scrap
metal dealer shall maintain the records required under sub. (3) (b) 1. to 3.
14regarding a commercial account for not less than 2 years after the dealer's most
15recent transaction with the commercial account.
SB274, s. 22
16Section
22. 134.405 (4) (c) of the statutes is amended to read:
SB274,8,217
134.405
(4) (c) A law enforcement officer of a city, village, town, or county in
18which a scrap
metal dealer conducts business may request that all scrap
metal 19dealers in the city, village, town, or county furnish reports of all purchases of
20nonferrous scrap, metal articles, and proprietary articles. A scrap
metal dealer shall
21comply with a request under this paragraph by submitting to the requesting law
22enforcement officer a report of each purchase of nonferrous scrap, metal articles, and
23proprietary articles not later than the business day following the purchase, including
24each seller's or deliverer's name, date of birth, identification number, and address,
1and the number and state of issuance of the license plate on each seller's or
2deliverer's vehicle.
SB274, s. 23
3Section
23. 134.405 (5) (a) 1. of the statutes is amended to read:
SB274,8,64
134.405
(5) (a) 1. A scrap
metal dealer who knowingly violates this section and
5who has not knowingly committed a previous violation of this section is subject to a
6fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
SB274, s. 24
7Section
24. 134.405 (5) (a) 2. of the statutes is amended to read:
SB274,8,108
134.405
(5) (a) 2. A scrap
metal dealer who knowingly violates this section and
9who has knowingly committed one previous violation of this section is subject to a
10fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
SB274, s. 25
11Section
25. 134.405 (5) (a) 3. of the statutes is amended to read:
SB274,8,1412
134.405
(5) (a) 3. A scrap
metal dealer who knowingly violates this section and
13who has knowingly committed more than one previous violation of this section is
14guilty of a Class I felony.
SB274, s. 26
15Section
26. 134.405 (5) (b) of the statutes is amended to read:
SB274,8,1716
134.405
(5) (b) Each day on which a scrap
metal dealer knowingly violates this
17section constitutes a separate violation.
SB274, s. 27
18Section
27. 134.405 (6) (a) of the statutes is amended to read:
SB274,8,2319
134.405
(6) (a) A county, town, city, or village may enact an ordinance governing
20the sale and purchase of scrap metal
or the sale of bulk plastic merchandise
21containers to scrap plastic dealers if the ordinance is not more stringent than this
22section, except that a 1st class city may enact an ordinance that is more stringent
23than this section.
SB274, s. 28
24Section
28. 134.405 (6) (b) of the statutes is amended to read:
SB274,9,3
1134.405
(6) (b) Notwithstanding par. (a), a city, village, town, or county may
2enact an ordinance that requires scrap
metal dealers to submit reports to a law
3enforcement officer under sub. (4) (c) in an electronic format.
SB274, s. 29
4Section
29. 895.09 (title) of the statutes is amended to read:
SB274,9,6
5895.09 (title)
Scrap metal or plastic bulk merchandise container theft;
6civil liability.
SB274, s. 30
7Section
30. 943.20 (2) (d) of the statutes is amended to read:
SB274,9,198
943.20
(2) (d) Except as otherwise provided in this paragraph, "value" means
9the market value at the time of the theft or the cost to the victim of replacing the
10property within a reasonable time after the theft, whichever is less. If the property
11stolen is a document evidencing a chose in action or other intangible right, "value"
12means either the market value of the chose in action or other right or the intrinsic
13value of the document, whichever is greater. If the property stolen is scrap metal,
14as defined in s. 134.405 (1) (f)
, or "plastic bulk merchandise container" as defined in
15s. 134.405 (1) (em), "value" also includes any costs that would be incurred in repairing
16or replacing any property damaged in the theft or removal of the scrap metal
or
17plastic bulk merchandise container. If the thief gave consideration for, or had a legal
18interest in, the stolen property, the amount of such consideration or value of such
19interest shall be deducted from the total value of the property.
SB274,9,2221
(1)
This act takes effect on the first day of the 4th month beginning after
22publication.