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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled HB 305                                                                                                         
01 Relating to the records of metal scrappers; repealing the requirement that a junk dealer or                             
02 metal scrapper obtain a license; and providing for an effective date.                                                   
03                           _______________                                                                               
04    * Section 1. AS 08.60 is amended by adding new sections to read:                                                   
05               Article 3. Scrap Metal Dealer Record Requirements.                                                      
06            Sec. 08.60.200. Records required. (a) A scrap metal dealer shall maintain an                               
07       accurate paper or electronic record of each in-person transaction in which the dealer                             
08       purchases scrap metal for $100 or more from another person.                                                       
09            (b)  The record of a transaction must include                                                                
10                 (1)  the date, time, location, and value of the scrap metal purchased;                                  
11                 (2)  the name of the dealer's employee or agent handling the                                            
12       transaction;                                                                                                      
13                 (3)  the name, address, and telephone number of the person from whom                                    
14       the dealer purchased the scrap metal;                                                                             
01                 (4)  a description, including the license plate information, of a motor                                 
02       vehicle used to deliver the scrap metal to the dealer;                                                            
03                 (5)  if the person who sells scrap metal to the dealer is an individual,                                
04       the number of the individual's driver's license, the number of the individual's                                   
05       government-issued identification document that contains a picture, or a copy of the                               
06       individual's government-issued identification document that contains a picture;                                   
07                 (6)  if the person who sells scrap metal to the dealer is an organization,                              
08       the number of the person's state business license issued under AS 43.70.020;                                      
09                 (7)  a description, including weight and quantity, of the scrap metal                                   
10       purchased by the dealer; the scrap metal dealer shall determine the weight by using a                             
11       scale that complies with the state standards of weight and measure established under                              
12       AS 45.75; and                                                                                                     
13                 (8)  the signed statement required by AS 08.60.210.                                                     
14            Sec. 08.60.210. Signed statement. A scrap metal dealer shall require a person                              
15       from whom the dealer is purchasing scrap metal for $100 or more to sign a written or                              
16       electronic statement that the scrap metal is not stolen property. The person shall date                           
17       the statement, and the scrap metal dealer, or the dealer's employee or agent, shall                               
18       witness the person signing.                                                                                       
19            Sec. 08.60.220. Inspection availability. A dealer shall make the records                                   
20       required by AS 08.60.200 and 08.60.210 available for inspection by a law                                          
21       enforcement officer during the dealer's regular hours of business or at reasonable times                          
22       if the dealer does not keep regular hours of business.                                                            
23            Sec. 08.60.230. Retention of records. A dealer shall maintain the records of a                             
24       transaction required by AS 08.60.200 and 08.60.210 for five years after the date of the                           
25       transaction.                                                                                                      
26            Sec. 08.60.240. Exemptions. The requirements of AS 08.60.200 and                                           
27       08.60.210 do not apply to a person's transactions with a dealer if the person maintains                           
28       on file with the dealer the name, address, and telephone number of the person, and a                              
29       taxpayer identification number issued by the federal Internal Revenue Service or a                                
30       valid government-issued photo identification card.                                                                
31            Sec. 08.60.250. Criminal penalties. A dealer who knowingly fails to comply                                 
01       with AS 08.60.200 or 08.60.210 or a person who knowingly makes a false entry for a                                
02       record required under AS 08.60.200 or 08.60.210 is guilty of a class A misdemeanor.                               
03       In this section, "knowingly" has the meaning given in AS 11.81.900.                                               
04            Sec. 08.60.290. Definitions. In AS 08.60.200 - 08.60.290, unless the context                               
05       requires otherwise,                                                                                               
06                 (1)  "dealer" means a scrap metal dealer;                                                               
07                 (2)  "record" means a record required by AS 08.60.200 or 08.60.210;                                     
08                 (3)  "scrap metal" means used, discarded, or previously owned brass,                                    
09       copper, bronze, aluminum, lead, stainless steel, catalytic converter material, or other                           
10       metal; in this paragraph, "metal" does not include ferrous metal, beverage containers,                            
11       gold, silver, or platinum;                                                                                        
12                 (4)  "scrap metal dealer" means a person who purchases scrap metal for                                  
13       the purpose of resale or processing;                                                                              
14                 (5)  "transaction" means the purchase of scrap metal by a scrap metal                                   
15       dealer from another person.                                                                                       
16    * Sec. 2. AS 08.60.010 is repealed.                                                                                
17    * Sec. 3. This Act takes effect January 1, 2015.                                                                   
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