§445-233 Statement required.

660 words·~3 min read·/hi/chapter-445/445-233

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Every scrap dealer, when the dealer purchases scrap within the State, shall obtain a written statement signed by the seller certifying that the seller has the lawful right to sell and dispose of the scrap. This statement shall also contain the seller ' s name; the seller ' s business or residence address; the seller ' s occupation; a description, including serial numbers and other identifying marks, when practical, of every scrap; the amount received by the seller; the date, time, and place of the sale; and the license number of any vehicle used to deliver the property to the place of purchase.

(b)If the scrap presented for purchase is copper, palladium, platinum, rhodium, a beer keg, or an urn, in whole or in part, the seller shall provide a copy of a receipt that describes, with particularity:

(1)The exact item that is being offered for sale;

(2)The name of the person who issued the receipt;

(3)The date of sale of the item before the item's being offered to the scrap dealer; and

(4)The price, if any, of the item when obtained by the seller.

(c)If a receipt is not available, the seller shall provide to the scrap dealer a notarized declaration, describing with particularity:

(1)The exact item that is being offered for sale;

(2)Who sold or otherwise transferred the item to the seller;

(3)The date of sale of the item; and

(4)The price, if any, of the item when obtained by the seller.

(d)If the seller does not provide a copy of the receipt or the notarized declaration as required by subsection

(b)or (c), respectively, the scrap dealer shall not purchase the copper, palladium, platinum, rhodium, beer keg, or urn, in whole or in part, and shall report the attempted sale to the applicable county police department.

(e)Upon purchase of any copper, palladium, platinum, rhodium, beer keg, or urn, in whole or in part, the scrap dealer shall take one or more separate photographs of each individual item offered for sale.

(f)The scrap dealer shall require the seller to verify the seller's identity by presenting a valid photo identification card or driver's license issued by a federal or state government agency authorized to issue valid identification. If the scrap being offered for sale is copper, palladium, platinum, rhodium, a beer keg, or an urn, in whole or in part, the scrap dealer shall:

(1)Take a photograph of the seller; and

(2)Make a photocopy of the identification card or driver's license of the seller.

(g)The scrap d ealer shall keep at the dealer's place of business the signed written statement, the receipt or notarized declaration required by subsections

(b)and (c), the photographs required by subsection (e), and the photocopy of the identification card or license and photograph of the seller required by subsection (f), if applicable, from the seller for a period of two years after the date of purchase and the statement, the receipt or notarized declaration required by subsections

(b)and (c), the photographs required by subsection (e), and the photocopy and photograph required by subsection (f), if applicable, may be examined at any time by the treasurer, the chief of police , the attorney general, the prosecuting attorney, or their designees.

(h)Public utilities, as defined in section 269-1, shall be exempt from the requirements of subsections

(b)and (c). When the seller is a public utility, the scrap dealer shall not be required to obtain the statement required by subsection (a), and the scrap dealer shall not be prohibited by subsection

(d)from purchasing the copper from the public utility. [L 1976, c 230, pt of §2; gen ch 1985; am L 2007, c 197, §§3, 7; am L 2008, c 53, §§3, 6; am L 2009, c 44, §§1, 2; am L 2016, c 199, §3; am L 2022, c 88, §6 ]