[Second Reprint]

ASSEMBLY, No. 3222

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JULY 30, 2012

 


 

Sponsored by:

Assemblyman  ANGEL FUENTES

District 5 (Camden and Gloucester)

Assemblyman  GILBERT "WHIP" L. WILSON

District 5 (Camden and Gloucester)

Assemblywoman  CELESTE M. RILEY

District 3 (Cumberland, Gloucester and Salem)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblyman Giblin

 

 

 

 

SYNOPSIS

     Revises law concerning the purchase of scrap metal.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 3, 2012.

  


An Act concerning the purchase of scrap metal 2,2 and amending 2and supplementing2 P.L.2009, c.8.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 2 of P.L.2009, c.8 (C.45:28-2) is amended to read as follows:

     2.    The operator of a scrap metal business shall:

     a.     Verify the identity of any person delivering or selling scrap metal to the scrap metal business by requesting and examining a photograph-bearing, valid State or federal driver's license or other government-issued form of identification bearing a photograph;

     b.    Make a clear copy of, and record, in a manner as may be prescribed by the Attorney General, the number of the driver's license or other government-issued form of identification presented by the person delivering or selling the scrap metal, before receiving or purchasing any scrap metal from that person;

     c.     Maintain, for at least five years, a record of all receipts or purchases of scrap metal [in excess of 100 pounds or $50, whichever is less], including, but not limited to:

     (1)   the date of receipt or purchase of the scrap metal;

     (2)   the name and address of the person 1[delivering or selling] or business that owns1 the scrap metal 1being sold1;

     (3)   the type and number of the identification presented by the person delivering or selling the scrap metal, along with a copy of the driver's license or other government-issued form of identification;

     (4)   a description of the scrap metal received or purchased, including, but not limited to its type, amount, and form;

     (5)   the signature of the person delivering or selling the scrap metal; [and]

     (6)   the license plate of the motor vehicle delivering the scrap metal, pursuant to subsection f. of this section; 1[and]1

     (7)   1a digital photographic record of the scrap metal received or purchased; and

     (8)1 any other information as may be required by the Attorney General; [and]

     d.    Make any records maintained pursuant to subsection c. of this section available, upon request, to any law enforcement agency or official investigating the possible theft or resale of scrap metals 1[, and send copies of all records maintained pursuant to subsection c. of this section to the appropriate law enforcement agency at the close of each business day]1;

     e.     2[Make] (1) Except as provided in paragraph (2) of this subsection, make2 payment to the person 1[delivering or selling] or business that owns1 the scrap metal 1being sold1 only by non-transferable check made payable to that person 1or business1, to be mailed to 1[either:

     (1)]1 the address recorded pursuant to paragraph (2) of subsection c. of this section 2

     (2)   A scrap metal business may make a cash payment to the person delivering the scrap metal only if:

     (a)   An ink or digital impression of the thumb of the person delivering the scrap metal is recorded and maintained pursuant to subsection c. of this section; and

     (b)   A photograph of the person receiving the cash payment is taken and maintained pursuant to subsection c. of this section2; 1[or

     (2)   the address on the driver's license or other government-issued form of identification copied and recorded pursuant to subsection b. of this section;]1 and

     f.     1[Accept] When scrap metal is being delivered to the scrap metal business for purchase or sale, accept1 delivery of 1the1 scrap metal by motor vehicle only, and record the license plate number of any motor vehicle which is used to deliver 1that1 scrap metal.

(cf: P.L.2009, c.8, s.2)

 

     22.   (New section) a.  No scrap metal business shall, except as provided in subsection b. of this section, purchase:

     (1)   Any metal marked with identification of a telephone, cable, electric, water, other public utility, or other government entity;

     (2)   Any utility access or water meter cover;

     (3)   Any street light pole or fixture;

     (4)   Any road or bridge guard rail;

     (5)   Any highway or street sign, traffic directional or control sign, or light signal;

     (6)   Any metal beer keg that is clearly marked as being the property of the beer manufacturer;

     (7)   Any historical marker, grave marker, or burial vase; or

     (8)   Any central air conditioner evaporator coils or condensers or catalytic converters that are not attached to a vehicle.

     b.    The provisions of this section shall not apply to purchases of those scrap metals identified and prohibited from purchase by subsection a. of this section, if the seller generates and manages those metals in the ordinary course of its business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process these scrap metals in the ordinary course of business.2

 

     2[2.] 3.2     This act shall take effect on the 90th day next following enactment.