AB560: Bill Text

AB560, s. 1 Section 1. 134.405 of the statutes is created to read:

AB560,3,2 134.405 Purchase and sale of scrap metal. (1) Definitions. In this section:

AB560,3,6 (a) "Ferrous scrap" means scrap metal, other than scrap metal described in pars. (b) to (d), consisting primarily of iron or steel, including large manufactured articles that may contain other substances to be removed and sorted during normal operations of scrap metal dealers.

AB560,3,8 (b) "Metal article" means a manufactured item that consists of metal and is usable for its originally intended purpose without processing, repair, or alteration.

AB560,3,10 (c) "Nonferrous scrap" means scrap metal consisting primarily of metal other than iron or steel, but does not include any of the following:

AB560,3,11 1. Aluminum beverage cans.

AB560,3,12 2. Used household items.

AB560,3,13 3. Items removed from a structure during renovation or demolition.

AB560,3,15 4. Small quantities of nonferrous metals contained in large manufactured items.

AB560,3,16 (d) "Proprietary article" means any of the following:

AB560,4,5 1. A metal article stamped, engraved, stenciled, or otherwise marked to identify the article as the property of a governmental entity, telecommunications provider, public utility, cable operator, as defined in s. 66.0419 (2) (b), or an entity that produces, transmits, delivers, or furnishes electricity, or transportation, shipbuilding, ship repair, mining, or manufacturing company.

AB560,4,6 2. A copper conductor, bus bar, cable, or wire, whether stranded or solid.

AB560,4,7 3. An aluminum conductor, cable, or wire, whether stranded or solid.

AB560,4,8 4. A metal beer keg.

AB560,4,9 5. A manhole cover.

AB560,4,11 6. A metal grave marker, sculpture, plaque, or vase, if the item's appearance suggests the item has been obtained from a cemetery.

AB560,4,16 (e) "Scrap metal" means a manufactured item that consists of or contains metal; metal removed from or obtained by cutting, demolishing, or disassembling a building, structure, or manufactured item; or other metal that is no longer used for its original purpose and that can be processed for reuse in a mill, foundry, or other manufacturing facility.

AB560,4,18 (f) "Scrap metal dealer" means a person engaged in the business of buying or selling scrap metal.

AB560,4,21 (2) Purchases of ferrous scrap. A scrap metal dealer may purchase scrap metal other than nonferrous scrap, a metal article, or a proprietary article from any person over the age of 18.

AB560,4,24 (3) Purchases of nonferrous scrap, metal articles, proprietary articles. A scrap metal dealer may purchase nonferrous scrap, metal articles, or proprietary articles from any person who is over the age of 18 if all of the following apply:

AB560,5,10 (a) If the seller of nonferrous scrap, metal articles, or proprietary articles is an individual, at the time of the sale, the seller provides to the scrap metal dealer the seller's motor vehicle operator's licence or other governmental-issued, current photographic identification that includes the seller's full name, current address, date of birth, and recognized identification number. If the seller is not an individual, at the time of the sale, the individual who delivers the seller's nonferrous scrap, metal articles, or property articles provides to the dealer the deliverer's motor vehicle operator's license or other government-issued, current photographic identification that includes the deliverer's full name, current address, date of birth, and recognized identification number.

AB560,5,15 (b) The scrap metal dealer records in a ledger maintained at the scrap metal dealer's place of business the seller's or deliverer's identification information described in par. (a), the time and date of the purchase, the number and state of issuance of the license plate on the seller's or deliverer's vehicle, and a description of the items received, including all of the following:

AB560,5,16 1. The weight of the scrap or articles.

AB560,5,20 2. Whether the scrap or articles consist of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps, connectors, pipes, or other appurtenances, or some combination of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps, connectors, pipes, or other appurtenances.

AB560,5,22 3. A description of any numbers, letters, or other identifying symbols stamped, engraved, stenciled or otherwise marked on the scrap or articles.

AB560,5,24 (c) The scrap metal dealer obtains photographic or video images showing the vehicle's license plate and a view of the vehicle sufficient to identify the vehicle.

AB560,6,3 (d) With respect to a purchase of nonferrous scrap or a metal article the scrap metal dealer obtains the seller's signed declaration that the seller is the owner of the items being sold.

AB560,6,5 (e) With respect to a purchase of a proprietary article, one of the following applies:

AB560,6,8 1. The scrap metal dealer receives from the seller documentation, such as a bill of sale, receipt, letter of authorization, or similar evidence, that establishes that the seller lawfully possesses the proprietary article.

AB560,6,14 2. The scrap metal dealer documents that the scrap metal dealer has made a diligent inquiry into whether the person selling the proprietary article has a legal right to do so, and, not later than one business day after purchasing the proprietary article, submits a report to a local law enforcement department describing the proprietary article and submits a copy of the seller's or deliverer's identifying information under par. (a).

AB560,6,23 (4) Other provisions. (a) A scrap metal dealer shall make the ledger required under sub. (3) (b) available to a law enforcement officer or an agent of a governmental entity, telecommunications provider, public utility, cable operator, as defined in s. 66.0419 (2) (b), or an entity that produces, transmits, delivers, or furnishes electricity, or transportation, shipbuilding, ship repair, mining, or manufacturing company who presents the agent's credentials at the scrap metal dealer's place of business during business hours. A scrap metal dealer shall maintain the information recorded in the ledger required under sub. (3) (b) for not less than 2 years after recording it.

AB560,7,11 (b) A law enforcement officer of a city, village, town, or county in which a scrap metal dealer conducts business may request that all scrap metal dealers in the city, village, town, or county furnish reports of all purchases of nonferrous scrap, metal articles, and proprietary articles. A scrap metal dealer shall comply with a request under this paragraph by submitting to the requesting law enforcement officer a report of each purchase of nonferrous scrap, metal articles, and proprietary articles not later than the business day following the purchase, including each seller's or deliverer's name, date of birth, identification number, and address, and the number and state of issuance of the license plate on each seller's or deliverer's vehicle. A law enforcement officer requesting reports under this paragraph may require that the reports be submitted in an electronic format, except that a law enforcement officer shall provide notice of the requirement not less than one year before the requirement takes effect.

AB560,7,14 (5) Penalties. (a) 1. A scrap metal dealer who knowingly violates this section and who has not knowingly committed a previous violation of this section is subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

AB560,7,17 2. A scrap metal dealer who knowingly violates this section and who has knowingly committed one previous violation of this section is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB560,7,20 3. A scrap metal dealer who knowingly violates this section and who has knowingly committed more than one previous violation of this section is guilty of a Class I felony.

AB560,7,22 (b) Each day on which a scrap metal dealer knowingly violates this section constitutes a separate violation.

AB560,7,25 (6) Ordinance. A county, town, city, or village may enact an ordinance governing the sale and purchase of scrap metal if that ordinance is at least as stringent as this section.

AB560, s. 2 Section 2. 895.09 of the statutes is created to read:

AB560,8,5 895.09 Scrap metal theft; civil liability. (1) Any owner of nonferrous scrap, a metal article, or a proprietary article, as those terms are defined in s. 134.405 (1), who incurs injury or loss as a result of a violation of s. 134.405 or s. 943.20 may bring a civil action against the person who committed the violation.

AB560,8,7 (2) If the person who incurs the loss prevails against a person who committed the violation, the court shall grant the prevailing party all of the following:

AB560,8,8 (a) Actual damages.

AB560,8,10 (b) Any lost profits that are attributable to the violation and that were not taken into account in determining the amount of actual damages under par. (a).

AB560,8,12 (c) Notwithstanding the limitations under s. 799.25 or 814.04, costs, disbursements, and reasonable attorney fees.

AB560,8,15 (3) If the court finds that the violation was committed for the purpose of commercial advantage, the court may award punitive damages to the person who incurs the loss.

AB560,8,17 (4) Any awards provided under sub. (2) (a) or (b) shall be reduced by the amount of any restitution collected for the same act under s. 800.093 or 973.20.

AB560,8,19 (5) The person who incurs the loss has the burden of proving by the preponderance of the evidence that a violation of s. 134.405 or 943.20 occurred.

AB560, s. 3 Section 3. 943.20 (2) (d) of the statutes is amended to read:

AB560,9,6 943.20 (2) (d) "Value" Except as otherwise provided in this paragraph, "value" means the market value at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less, but if. If the property stolen is a document evidencing a chose in action or other intangible right, value "value" means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the property stolen is scrap metal, as defined in s. 134.405 (1) (e), "value" also includes any costs that would be incurred in repairing or replacing any property damaged in the theft or removal of the scrap metal. If the thief gave consideration for, or had a legal interest in, the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property.

AB560,9,7 (End)