44-1642

44-1642. Records of purchase; transaction
limitations; age requirement for scrap metal seller;
exception

A. Every scrap metal dealer shall keep on the business premises a book or other
similar record legibly printed or written in ink, in the English language of each
transaction exceeding twenty-five dollars involving the receipt of scrap metal. The
record of each receipt of scrap metal shall include the following information:

1. The date, time and place of the transaction.

2. A photograph and an identifying description and weight of the specific scrap
metal received.

3. The dollar amount of the transaction.

4. The seller's name, physical description including gender, height, weight, race
and eye and hair color, physical address, date of birth, signature and a photocopy of a
current driver license, nonoperating identification license issued pursuant to section
28-3165 or photo identification card issued by a tribal government or the United States
military. The scrap metal dealer must validate the recorded information by using the
seller's current driver license, nonoperating identification license issued pursuant to
section 28-3165 or photo identification card issued by a tribal government or the United
States military.

5. The seller's transaction privilege tax number, if applicable.

6. The number and state of issuance of the license on the vehicle used to deliver
the scrap metal.

7. A photograph, video record or digital record of the seller involved in the
transaction.

8. A right index fingerprint of the seller.

B. The record and entries shall be retained in a book or similar record at the
business premises for one year after making the final entry of any transaction and shall
be retained either at the business premises or any other reasonably available location
for an additional year. A scrap metal dealer shall not purchase materials for which a
record is required to be kept by this section in a series of purchases under twenty-five
dollars to avoid the requirements of this section. A scrap metal dealer's business
premises, business records relating to scrap metal transactions, including a book or
similar record prescribed by this section, and business inventory shall be open during
regular business hours for reasonable inspection by a peace officer. Before an inspection
shall take place a peace officer shall first identify himself and the purpose for the
inspection to the scrap metal dealer, dealer's manager or other responsible person and
comply with all reasonable and customary safety requirements of that scrap metal dealer
for the business premises inspected. The scrap metal dealer may require the peace
officer to sign an inspection log that includes the officer's name and serial or badge
number and the time, the date and the purpose for the inspection.

C. A scrap metal dealer shall not provide payment for any scrap metal on site at
the time of the scrap metal transaction. Payment shall be made by mailing a check or
money order to a physical address provided by the seller through a current driver license
or other identification prescribed in subsection A, paragraph 4 of this section. The
check or money order shall be made payable to the business name for an industrial
account. This subsection:

1. Except as provided in paragraphs 2 and 3 of this subsection, only applies to
industrial accounts, copper and aluminum wire with a diameter of at least three-eighths
of an inch.

2. Except as provided in paragraph 3 of this subsection, applies to all scrap metal
transactions of three hundred dollars or more.

3. Does not apply to industrial accounts if the industrial accounts annually
preregister employees who are authorized sellers on behalf of the industrial accounts.

D. A scrap metal dealer shall provide a receipt to the seller on site at the time
of the scrap metal transaction, for every transaction, and shall include the following
information:

1. The date, time and place of the transaction.

2. An identifying description and weight of the specific scrap metal received.

3. The dollar amount of the transaction.

E. A scrap metal seller may not conduct a series of transactions for one vehicle
load of scrap metal to avoid the requirements of this section.

F. A scrap metal seller shall not participate in more than one cash transaction per
day for scrap metal.

G. A scrap metal seller shall be at least sixteen years old.

H. This section does not apply to transactions involving used aluminum beverage
containers or materials consisting of a metal product in its original manufactured form
that is comprised of no more than twenty per cent by weight nonferrous metal.