Amendment SSA2-SB225

LRBs0198/3

CTS:wlj:nwn

2007 - 2008 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 2007 SENATE BILL 225

December 19, 2007 - Offered by Senator Olsen.

SB225-SSA2,1,3 An Act to create 134.715 of the statutes; relating to: regulating the sale and purchase of scrap metal, granting rule-making authority, and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB225-SSA2, s. 1 Section 1. 134.715 of the statutes is created to read:

SB225-SSA2,1,5 134.715 Scrap metal dealers. (1) In this section:

SB225-SSA2,1,6 (a) "Electronic device" includes all of the following:

SB225-SSA2,1,7 1. A computer, computer monitor, or computer peripheral.

SB225-SSA2,1,9 2. A television, video display device, digital video disc player, or video cassette recorder.

SB225-SSA2,1,10 3. A telephone or facsimile machine.

SB225-SSA2,1,12 4. An item of electronic equipment the department of natural resources may identify by rule.

SB225-SSA2,2,2 (b) "Metal cemetery merchandise" means an object described in s. 157.061 (3), if the object is made of metal or a combination of metal and other materials.

SB225-SSA2,2,3 (c) "Scrap metal" means all of the following:

SB225-SSA2,2,6 1. Nonferrous metal purchased primarily for its reuse or recycling value as raw metal, including metal that is combined with other materials at the time of purchase, but does not include electronic devices or jewelry, as defined in s. 134.71 (1) (c).

SB225-SSA2,2,7 2. All of the following, whether composed of ferrous or nonferrous metals:

SB225-SSA2,2,8 a. Utility access covers.

SB225-SSA2,2,9 b. Street light poles and fixtures.

SB225-SSA2,2,10 c. Road and bridge guard rails.

SB225-SSA2,2,11 d. Highway or street signs.

SB225-SSA2,2,12 e. Water meter covers.

SB225-SSA2,2,13 f. Traffic directional and control signs.

SB225-SSA2,2,14 g. Any metal objects marked with the name of a governmental entity.

SB225-SSA2,2,16 h. Property owned by, and marked as owned by, a telephone, cable, electric, water, or other utility, or railroad.

SB225-SSA2,2,17 i. Historical markers.

SB225-SSA2,2,18 j. Grave markers and vases.

SB225-SSA2,2,19 k. Beer kegs.

SB225-SSA2,2,21 (d) "Scrap metal dealer" means a person engaged in the business of purchasing and selling scrap metal.

SB225-SSA2,2,25 (2) (a) For purposes of this subsection, "value" means the cost of replacing an object sold or purchased in violation of par. (b) with another object substantially identical, in function and condition, to the object sold or purchased at the time the object was stolen.

SB225-SSA2,3,2 (b) No person may sell or purchase scrap metal if the person knows the scrap metal has been stolen.

SB225-SSA2,3,5 (c) A person who violates this subsection is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months or both, if the value of the scrap metal sold or purchased does not exceed $2,500.

SB225-SSA2,3,7 (d) A person who violates this subsection is guilty of a Class I felony, if the value of the scrap metal sold or purchased exceeds $2,500.

SB225-SSA2,3,11 (3) No person may sell or purchase metal cemetery merchandise associated with the remains of a veteran, as defined in s. 230.03 (14) (b), if the person knows the metal cemetery merchandise has been stolen. A person who violates this subsection is guilty of a Class I felony.

SB225-SSA2,3,13 (4) No scrap metal dealer may purchase scrap metal from a seller unless the dealer does all of the following:

SB225-SSA2,3,15 (a) Verifies the seller's identity using a driver's license, tribal identification card, or other government-issued identification card.

SB225-SSA2,3,16 (b) Obtains and documents all of the following information:

SB225-SSA2,3,17 1. The name of the seller.

SB225-SSA2,3,19 2. The license plate number of the seller's vehicle, if the seller arrived at the dealer's premises in a vehicle.

SB225-SSA2,3,22 3. A statement, signed by the seller, that the seller is the owner of or is authorized to sell the scrap metal and has complied with applicable environmental laws and regulations in preparing the scrap metal for sale.

SB225-SSA2,3,24 4. A description, consistent with the format recommended by the national institute of scrap recycling industries, of the items purchased from the seller.

SB225-SSA2,4,2 5. A description of the method the dealer used to pay the seller for the scrap metal

SB225-SSA2,4,3 6. A copy of the identification described in par. (a).

SB225-SSA2,4,8 (5) A scrap metal dealer shall retain the information required under sub. (4) (b) for not less than 3 years after the date of the purchase and shall make the information available to any law enforcement officer for inspection at any time that the scrap metal dealer's principal place of business is open to the public or at any other reasonable time.

SB225-SSA2,4,11 (6) Unless the seller presents to a scrap metal dealer a document that reasonably supports the seller's authority to sell the scrap metal, the dealer may not purchase scrap metal from a seller if any of the following apply:

SB225-SSA2,4,13 (a) The scrap metal matches the description of an item that has been reported to the scrap metal dealer by law enforcement authorities as having been stolen.

SB225-SSA2,4,15 (b) The scrap metal consists of new materials used in a manufacturing or construction process.

SB225-SSA2,4,17 (c) The nature or quantity of the scrap metal would indicate to a reasonable person that the seller is not authorized to sell the scrap metal.

SB225-SSA2,4,18 (7) This section does not apply to any of the following:

SB225-SSA2,4,20 (a) Transactions involving only aluminum cans if the total weight of the aluminum cans does not exceed 250 pounds.