H. B. 2748
(By Delegates DeLong, Webster, Craig, Amores and Mahan)
[Introduced January 30, 2007; referred to the Committee on the
Judiciary.]
A BILL to amend and reenact § 61-3-49 of the Code of West Virginia,
1931, as amended; relating to the receipt and transfer of
scrap metal; imposing of additional reporting and record
retention requirements for certain purchasers of nonferrous
metal or steel railroad track and track material; permitting
law enforcement officers to confiscate such metals upon
reasonable belief that a crime had been committed; providing
for the return of such metals under certain conditions; and
increasing criminal penalties for violations.
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, all to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY
§61-3-49. Purchase of nonferrous metals or steel railroad track
and track materials 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 railroad track and
track material, shall
make a record of such purchase comply with
the provisions of this section.
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 railroad
track and track material purchased. The person purchasing the
nonferrous metal or steel railroad track and track material shall
also require from the seller, and retain in the record, a signed
certificate of ownership of the nonferrous metal or steel railroad
track and track material being sold or authorization from the owner
to sell.
(b) The purchaser of such metals shall make and maintain a
record of each transaction and such record shall contain the
following information:
(1) Full name, permanent and business addresses, and
telephone number of the seller;
(2) A description of any vehicle used to transport the
nonferrous metal or steel to the place of purchase, including the
make, model, color, year, and motor vehicle license number;
(3) The time and date of the transaction;
(4) A complete description of the kind, character and weight
of the nonferrous metal or steel railroad track and track material
purchased; and
(5) A statement whether the nonferrous metal or steel
railroad track and track material was purchased, taken as
collateral for a loan, or taken on consignment.
(c) The person purchasing the nonferrous metal or steel
railroad track and track material shall also require and retain
from the seller the following information:
(1) A signed certificate of ownership of the nonferrous metal
or steel railroad track and track material being sold or signed
authorization from the owner to sell; and
(2) A photocopy of a valid driver's license or identification
card issued by the Division of Motor Vehicles of the person
delivering the nonferrous metal or steel railroad track and track
material: Provided, That the purchaser may accept a valid
identification card containing a photograph of the seller as issued
by any agency of the United States federal government.
(d) A law enforcement officer may at any time during an
investigation require the purchaser of nonferrous metal or steel
railroad track and track material to present such items for
inspection, upon demand, and if the officer has a reasonable belief that said items had been misappropriated, stolen, or taken under
false pretenses may confiscate the items, but must also show within
thirty (30) days to a court of competent jurisdiction that there
exists a reasonable nexus to the item as evidence of a crime even
though the perpetrator may not be ascertained: Provided, That upon
a final determination and order of a court of competent
jurisdiction of the identity of the owner of such nonferrous metal
or steel railroad track and track material, the items may be
returned to the owner.
(e) It shall be unlawful for any of the aforementioned
persons to purchase any nonferrous metal or steel railroad track
and track material without obtaining the
certificate of ownership,
or authorization from the owner to sell, on the part of the seller
information set forth in subsections (b) and (c) of this section.
Such
record and certificate information 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)(f) Should the transaction involve
one hundred twenty-five
or more pounds of copper, steel railroad track, track material or
aluminum in any form, the purchaser of the copper, steel railroad
track, track material 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 West
Virginia State Police all the information obtained
pursuant to the provisions of this section. 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) (g) 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)(h) Any person who knowingly or with fraudulent intent
violates any 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 one thousand
nor more than
two three thousand dollars:
Provided, That, upon a
conviction for a second offense, the fine shall be not less than
two thousand and not more than four thousand dollars and that all
business licenses shall be suspended for six months: Provided
further, That any person, upon any subsequent conviction hereof,
may be incarcerated in the penitentiary for not more than two
years, fined not less than three and no more than five thousand
dollars, and that all business licenses shall be revoked.
NOTE: The purpose of this bill is to require purchasers of
nonferrous metal or steel railroad track and track material to
require additional information from the sellers. The bill also increases the penalties for knowing failures to collect and provide
information relating to the sale of certain metals.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
