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Introduced Version Senate Bill 238 History

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sb238 intr
Senate Bill No. 238

(By Senator Bailey)

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[Introduced February 21, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to including steel under statutory provisions involving the purchase of scrap metals by various commercial entities; and modifying the criminal provision of the law to require knowing and fraudulent intent.

Be it enacted by the Legislature of West Virginia:
That §61-3-49
of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-49. Purchase of nonferrous metals or steel by scrap metal purchasing businesses, salvage yards, or recycling facilities; certificates, records and reports of such purchases; criminal penalties.

(a) Any person in the business of purchasing scrap metal, any salvage yard owner or operator, or any public or commercial recycling facility owner or operator, or any agent or employee thereof, who purchases any form of copper, aluminum, brass, lead or other nonferrous metal of any kind, or steel shall make a record of such purchase. Such record shall accurately list the name, permanent and business addresses and telephone number of the seller, the motor vehicle license number of any vehicle used to transport the nonferrous metal or steel to the place of purchase, the time and date of the transaction and a complete description of the kind and character of the nonferrous metal or steel purchased. The person purchasing the nonferrous metal or steel shall also require from the seller, and retain in the record, a signed certificate of ownership of the nonferrous metal or steel being sold or authorization from the owner to sell. It shall be unlawful for any of the aforementioned persons to purchase any nonferrous metal or steel without obtaining the certificate of ownership, or authorization from the owner to sell, on the part of the seller. Such record and certificate shall be available for inspection by any law-enforcement officer and must be maintained by the purchaser for not less than one year after the date of the purchase.
(b) Should the transaction involve one hundred or more pounds of copper, or aluminum or steel in any form, the purchaser of the copper or aluminum, or his or her agent, shall report in writing to the chief of police of the municipality or the sheriff of the county wherein he or she is transacting business and to the local detachment of the Division of Public Safety all the information obtained. The report must be filed within seventy-two hours after the transaction. The provisions of this subsection do not apply to purchases made at wholesale under contract or as a result of a bidding process.
(c) Nothing in this section applies to scrap purchases by manufacturing facilities that melt, or otherwise alter the form of scrap metal and transform it into a new product or to the purchase or transportation of food and beverage containers or other nonindustrial materials having a marginal value per individual unit.
(d) Any person violating the who knowingly or with fraudulent intent violates any provisions provision of this section, including the knowing failure to make a report or the knowing falsification of any required information, is guilty of a misdemeanor, and, upon conviction, shall be fined not less than five hundred nor more than two thousand dollars.



NOTE: The purpose of this bill is to
include steel under statutory provisions involving the purchase of scrap metals by various commercial entities. The bill also modifies the criminal provision of this law by requiring offenders who violate the law with knowing and fraudulent intent.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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