The substitute amendment's provisions do not apply to transactions involving
only aluminum cans with a total value less than $50 or to transactions involving
sellers that are not individuals. The substitute amendment preempts political
subdivisions other than cities of the first class from enacting provisions regulating
sales or purchases of scrap metal that are more stringent than the provisions of this
substitute amendment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB225-SSA1, s. 1 1Section 1. 134.715 of the statutes is created to read:
SB225-SSA1,2,2 2134.715 Scrap metal dealers. (1) In this section:
SB225-SSA1,2,43 (a) "Metal cemetery merchandise" means an object described in s. 157.061 (3),
4if the object is made of metal or a combination of metal and other materials.
SB225-SSA1,2,55 (b) "Scrap metal" means all of the following:
SB225-SSA1,2,86 1. Nonferrous metal purchased primarily for its reuse or recycling value as raw
7metal, including metal that is combined with other materials at the time of purchase,
8but does not include jewelry, as defined in s. 134.71 (1) (c).
SB225-SSA1,2,99 2. All of the following, whether composed of ferrous or nonferrous metals:
SB225-SSA1,2,1010 a. Utility access covers.
SB225-SSA1,2,1111 b. Street light poles and fixtures.
SB225-SSA1,2,1212 c. Road and bridge guard rails.
SB225-SSA1,2,1313 d. Highway or street signs.
SB225-SSA1,2,1414 e. Water meter covers.
SB225-SSA1,2,1515 f. Traffic directional and control signs.
SB225-SSA1,2,1616 g. Any metal objects marked with the name of a governmental entity.
SB225-SSA1,3,2
1h. Property owned by, and marked as owned by, a telephone, cable, electric,
2water, or other utility, or railroad.
SB225-SSA1,3,33 i. Historical markers.
SB225-SSA1,3,44 j. Grave markers and vases.
SB225-SSA1,3,65 (c) "Scrap metal dealer" means a person engaged in the business of purchasing
6and selling scrap metal.
SB225-SSA1,3,10 7(2) (a) For purposes of this subsection, "value" means the cost of replacing an
8object sold or purchased in violation of par. (b) with another object substantially
9identical, in function and condition, to the object sold or purchased at the time the
10object was stolen.
SB225-SSA1,3,1211 (b) No person may sell or purchase scrap metal if the person knows the scrap
12metal has been stolen.
SB225-SSA1,3,1513 (c) A person who violates this subsection is subject to a fine not to exceed
14$10,000 or imprisonment not to exceed 9 months or both, if the value of the scrap
15metal sold or purchased does not exceed $2,500.
SB225-SSA1,3,1716 (d) A person who violates this subsection is guilty of a Class I felony, if the value
17of the scrap metal sold or purchased exceeds $2,500.
SB225-SSA1,3,21 18(3) No person may sell or purchase metal cemetery merchandise associated
19with the remains of a veteran, as defined in s. 230.03 (14) (b), if the person knows the
20metal cemetery merchandise has been stolen. A person who violates this subsection
21is guilty of a Class I felony.
SB225-SSA1,3,23 22(4) No scrap metal dealer may purchase scrap metal from a seller unless the
23dealer does all of the following:
SB225-SSA1,3,2524 (a) Verifies the seller's identity using a driver's license, tribal identification
25card, or other government-issued identification card.
SB225-SSA1,4,1
1(b) Obtains and documents all of the following information:
SB225-SSA1,4,22 1. The name of the seller.
SB225-SSA1,4,43 2. The license plate number of the seller's vehicle, if the seller arrived at the
4dealer's premises in a vehicle.
SB225-SSA1,4,75 3. A statement, signed by the seller, that the seller is the owner of or is
6authorized to sell the scrap metal and has complied with applicable environmental
7laws and regulations in preparing the scrap metal for sale.
SB225-SSA1,4,98 4. A description, consistent with the format recommended by the national
9institute of scrap recycling industries, of the items purchased from the seller.
SB225-SSA1,4,1110 5. A description of the method the dealer used to pay the seller for the scrap
11metal
SB225-SSA1,4,1212 6. A copy of the identification described in par. (a).
SB225-SSA1,4,17 13(5) A scrap metal dealer shall retain the information required under sub. (4)
14(b) for not less than 3 years after the date of the purchase and shall make the
15information available to any law enforcement officer for inspection at any time that
16the scrap metal dealer's principal place of business is open to the public or at any
17other reasonable time.
SB225-SSA1,4,20 18(6) Unless the seller presents to a scrap metal dealer a document that
19reasonably supports the seller's authority to sell the scrap metal, the dealer may not
20purchase scrap metal from a seller if any of the following apply:
SB225-SSA1,4,2221 (a) The scrap metal matches the description of an item that has been reported
22by law enforcement authorities as having been stolen.
SB225-SSA1,4,2423 (b) The scrap metal consists of new materials used in a manufacturing or
24construction process.
SB225-SSA1,5,2
1(c) The nature or quantity of the scrap metal would indicate to a reasonable
2person that the seller is not authorized to sell the scrap metal.
SB225-SSA1,5,3 3(7) This section does not apply to any of the following:
SB225-SSA1,5,54 (a) Transactions involving only aluminum cans with a total value not exceeding
5$50.
SB225-SSA1,5,66 (b) Transactions involving a seller that is not an individual.
SB225-SSA1,5,11 7(8) No political subdivision, other than a city of the first class, may enact an
8ordinance or adopt a resolution or other restriction for the purpose of regulating the
9sale or purchase of scrap metal unless the ordinance, resolution, or other restriction
10is identical to or is similar to, but no more stringent than, the provisions of this
11section.
SB225-SSA1, s. 2 12Section 2. Effective date.
SB225-SSA1,5,1413 (1) This act takes effect on the first day of the 6th month beginning after
14publication.
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