CORRECTED COPY
LRB-3155/1
MDK:jld:jf
2011 - 2012 LEGISLATURE
November 1, 2011 - Introduced by Senators Wanggaard, Olsen, Holperin and
Erpenbach, cosponsored by Representatives Endsley, Ballweg, Honadel,
Jacque, Kaufert, Kestell, LeMahieu, A. Ott, Ripp and Spanbauer. Referred
to Committee on Natural Resources and Environment.
SB274,1,9
1An Act to amend 134.405 (title), 134.405 (1) (a), 134.405 (1) (b), 134.405 (3) (a)
2(intro.), 134.405 (3) (a) 1., 134.405 (3) (a) 2. (intro.), 134.405 (3) (a) 2. b., 134.405
3(3) (a) 4., 134.405 (3) (a) 5. a., 134.405 (3) (a) 5. b., 134.405 (3) (b) (intro.), 134.405
4(3) (b) 3., 134.405 (3) (b) 4., 134.405 (3) (b) 5., 134.405 (3) (c), 134.405 (4) (a),
5134.405 (4) (b), 134.405 (4) (c), 134.405 (5) (a) 1., 134.405 (5) (a) 2., 134.405 (5)
6(a) 3., 134.405 (5) (b), 134.405 (6) (a), 134.405 (6) (b), 895.09 (title) and 943.20
7(2) (d); and
to create 134.405 (1) (em), 134.405 (1) (f) 8., 134.405 (1) (fm) and
8134.405 (1) (j) of the statutes;
relating to: regulating sales of plastic bulk
9merchandise containers to scrap plastic dealers and providing penalties.
Analysis by the Legislative Reference Bureau
This bill regulates sales of plastic bulk merchandise containers to scrap plastic
dealers in the same manner as scrap metal sales to scrap metal dealers are regulated
under current law. The bill defines "plastic bulk merchandise container" as a plastic
crate, pallet, or shell used by a product producer, distributor, or retailer for the bulk
transport or storage of retail containers of bottled beverages.
Current law allows a "scrap metal dealer," which current law defines as a
person engaged in the business of buying or selling certain types of scrap metal, to
purchase such scrap metal only if the seller is over the age of 18 and the scrap metal
dealer does all of the following: 1) obtains photographic identification from the seller
or deliverer; and 2) records the seller's or deliverer's identifying information, the
license plate number of the seller's or deliverer's vehicle, and certain descriptive
information about the scrap metal. Also, depending on the type of scrap metal, the
scrap metal dealer must establish that seller has the right to sell the scrap metal by
doing one of the following: 1) obtaining the seller's signed declaration that the seller
is the owner of the items being sold; 2) obtaining documentation establishing that the
seller lawfully possesses the scrap metal; or 3) documenting that the dealer has made
a diligent inquiry into the seller's right to sell the scrap metal and submitting a report
describing the scrap metal to a local law enforcement department. Current law
requires a scrap metal dealer to maintain records necessary to comply with the
foregoing requirements for at least two years. Current law creates an exception from
all of the foregoing requirements for a scrap metal dealer's purchases made from
commercial accounts with which the dealer maintains an ongoing and documented
business relationship. For the exception to apply, the scrap metal dealer must
comply with certain record-keeping requirements. In addition, the scrap metal
dealer must maintain records required for the exception for at least two years after
the dealer's most recent transaction with a commercial account.
This bill imposes the foregoing requirements on the sale of a plastic bulk
merchandise container to a "scrap plastic dealer," which the bill defines as a person
engaged in the business of buying and selling plastic to be processed for reuse in a
mill or other manufacturing facility. With respect to establishing a seller's right to
sell such a container, the bill requires a scrap plastic dealer to either: 1) obtain
documentation establishing that the seller lawfully possesses the container; or 2)
document that the dealer has made a diligent inquiry into the seller's right to sell the
container and submit a report describing the container to a local law enforcement
department. In addition, the exception for commercial accounts applies to a scrap
plastic dealer.
Under current law, a scrap metal dealer must make certain documentation
about scrap metal purchases available to law enforcement officers. Current law also
allows a law enforcement officer of a city, village, town, or county in which a scrap
metal dealer conducts business to request all scrap metal dealers in the city, village,
town, or county to report all scrap metal purchases to the law enforcement officer,
and requires scrap metal dealers to comply with such a request. Except for
disclosures in documentation and reports to law enforcement, current law prohibits
a scrap metal dealer from disclosing personally identifiable information to any
person other than a successor in interest. This bill imposes all of the foregoing
requirements and prohibition on scrap plastic dealers who purchase plastic bulk
merchandise containers.
Under current law, a scrap metal dealer who knowingly violates current law is
subject to a fine of up to $1,000, imprisonment for up to 90 days, or both, except that
if the dealer knowingly committed one previous violation, the maximum fine is
increased to $10,000 and the maximum imprisonment is increased to nine months.
If a scrap metal dealer knowingly committed more than one previous violation, the
dealer is subject to a fine of up to $10,000, imprisonment for up to three and one-half
years, or both. This bill subjects a scrap plastic dealer who purchases plastic bulk
merchandise containers to the same penalties. Current law also imposes different
criminal penalties for theft of property that depend on the value of the stolen
property. This bill provides that, if the stolen property is a plastic bulk merchandise
container, the value includes any costs that would be incurred in repairing or
replacing any property damaged in the theft or removal of the container. Current law
includes a similar provision for the theft of certain scrap metal.
The bill creates a civil action allowing the owner of a stolen plastic bulk
merchandise container to recover from the thief the cost of replacing the container.
The amount that may be recovered in the civil action is reduced by the amount that
is collected as restitution or recompense in any criminal or municipal court action
related to the same act or by the amount paid to the plaintiff under a deferred
prosecution related to the same act. The civil action created by the bill is similar to
a civil action under current law for certain stolen scrap metal.
The bill also allows a county, town, city, or village to enact an ordinance
governing the sale of plastic bulk merchandise containers to scrap plastic dealers if
the ordinance is not more stringent than the bill's requirements, except that a first
class city may enact an ordinance that is more stringent than the bill's requirements.
Current law has similar provisions for ordinances regarding scrap metal.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB274, s. 1
1Section
1. 134.405 (title) of the statutes is amended to read:
SB274,3,2
2134.405 (title)
Purchase and sale of certain scrap metal material.
SB274, s. 2
3Section
2. 134.405 (1) (a) of the statutes is amended to read:
SB274,3,64
134.405
(1) (a) "Commercial account" means a commercial enterprise with
5which a scrap
metal dealer maintains an ongoing and documented business
6relationship.
SB274, s. 3
7Section
3. 134.405 (1) (b) of the statutes is amended to read:
SB274,4,4
1134.405
(1) (b) "Commercial enterprise" means a corporation, partnership,
2limited liability company, business operated by an individual, association, state
3agency, political subdivision, or other government or business entity, including a
4scrap
metal dealer.
SB274, s. 4
5Section
4. 134.405 (1) (em) of the statutes is created to read:
SB274,4,86
134.405
(1) (em) "Plastic bulk merchandise container" means a plastic crate,
7pallet, or shell used by a product producer, distributor, or retailer for the bulk
8transport or storage of retail containers of bottled beverages.
SB274, s. 5
9Section
5. 134.405 (1) (f) 8. of the statutes is created to read:
SB274,4,1010
134.405
(1) (f) 8. A plastic bulk merchandise container.
SB274, s. 6
11Section
6. 134.405 (1) (fm) of the statutes is created to read:
SB274,4,1312
134.405
(1) (fm) "Scrap dealer" means a scrap plastic dealer or scrap metal
13dealer.
SB274, s. 7
14Section
7. 134.405 (1) (j) of the statutes is created to read:
SB274,4,1715
134.405
(1) (j) "Scrap plastic dealer" means a person in engaged in the business
16of buying or selling plastic to be processed for reuse in a mill or other manufacturing
17facility.
SB274, s. 8
18Section
8. 134.405 (3) (a) (intro.) of the statutes is amended to read:
SB274,4,2119
134.405
(3) (a) (intro.) Subject to par. (b), a scrap
metal dealer may purchase
20nonferrous scrap, metal articles, or proprietary articles from any person who is over
21the age of 18 if all of the following apply:
SB274, s. 9
22Section
9. 134.405 (3) (a) 1. of the statutes is amended to read:
SB274,5,723
134.405
(3) (a) 1. If the seller of nonferrous scrap, metal articles, or proprietary
24articles is an individual, at the time of the sale, the seller provides to the scrap
metal 25dealer the seller's motor vehicle operator's license or other government-issued,
1current photographic identification that includes the seller's full name, current
2address, date of birth, and recognized identification number. If the seller is not an
3individual, at the time of the sale, the individual who delivers the seller's nonferrous
4scrap, metal articles, or
property proprietary articles provides to the dealer the
5deliverer's motor vehicle operator's license or other government-issued, current
6photographic identification that includes the deliverer's full name, current address,
7date of birth, and recognized identification number.
SB274, s. 10
8Section
10. 134.405 (3) (a) 2. (intro.) of the statutes is amended to read:
SB274,5,139
134.405
(3) (a) 2. (intro.) The scrap
metal dealer records and maintains at the
10scrap
metal dealer's place of business the seller's or deliverer's identification
11information described in subd. 1., the time and date of the purchase, the number and
12state of issuance of the license plate on the seller's or deliverer's vehicle, and a
13description of the items received, including all of the following:
SB274, s. 11
14Section
11. 134.405 (3) (a) 2. b. of the statutes is amended to read:
SB274,5,1715
134.405
(3) (a) 2. b. A description of the scrap or articles that is consistent with
16guidelines promulgated by a national recycling industry trade organization.
This
17subd. 2. b. does not apply to plastic bulk merchandise containers.
SB274, s. 12
18Section
12. 134.405 (3) (a) 4. of the statutes is amended to read:
SB274,5,2119
134.405
(3) (a) 4. With respect to a purchase of nonferrous scrap or a metal
20article the scrap
metal dealer obtains the seller's signed declaration that the seller
21is the owner of the items being sold.
SB274, s. 13
22Section
13. 134.405 (3) (a) 5. a. of the statutes is amended to read:
SB274,5,2523
134.405
(3) (a) 5. a. The scrap
metal dealer receives from the seller
24documentation, such as a bill of sale, receipt, letter of authorization, or similar
25evidence, that establishes that the seller lawfully possesses the proprietary article.
SB274, s. 14
1Section
14. 134.405 (3) (a) 5. b. of the statutes is amended to read:
SB274,6,72
134.405
(3) (a) 5. b. The scrap
metal dealer documents that the scrap
metal 3dealer has made a diligent inquiry into whether the person selling the proprietary
4article has a legal right to do so, and, not later than one business day after purchasing
5the proprietary article, submits a report to a local law enforcement department
6describing the proprietary article and submits a copy of the seller's or deliverer's
7identifying information under subd. 1.
SB274, s. 15
8Section
15. 134.405 (3) (b) (intro.) of the statutes is amended to read:
SB274,6,129
134.405
(3) (b) (intro.) This subsection does not apply to purchases of
10nonferrous scrap, metal articles, or proprietary articles by a scrap
metal dealer from
11a commercial account, if the scrap
metal dealer creates and maintains a record of its
12purchases from the commercial account that includes all of the following:
SB274, s. 16
13Section
16. 134.405 (3) (b) 3. of the statutes is amended to read:
SB274,6,1614
134.405
(3) (b) 3. The name of a contact person at the commercial account who
15is responsible for the sale of nonferrous scrap, metal articles, or proprietary articles
16to the scrap
metal dealer.
SB274, s. 17
17Section
17. 134.405 (3) (b) 4. of the statutes is amended to read:
SB274,6,1918
134.405
(3) (b) 4. The time, date, and value of each of the scrap
metal dealer's
19purchases from the commercial account.
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: