§445-233  Statement required.  (a) 
Every scrap dealer, when the dealer purchases scrap within the State, shall
obtain a written statement signed by the seller certifying that the seller has
the lawful right to sell and dispose of the scrap.  This statement shall also
contain the seller's name; the seller's business or residence address; the seller's occupation; a description, including serial numbers
and other identifying marks, when practical, of every scrap; the amount
received by the seller; the date, time, and place of the sale; and the license
number of any vehicle used to deliver the property to the place of purchase.



(b)  If the scrap presented for purchase is
copper, or a beer keg, in whole or in part, the seller shall provide a copy of
a receipt that describes, with particularity:



(1)  The exact item that is being offered for sale;



(2)  Who issued the receipt;



(3)  The date of sale of the item prior to the item's
being offered to the scrap dealer; and



(4)  The price, if any, of the item when obtained by
the seller.



(c)  If a receipt is not available, the seller
shall provide to the scrap dealer a notarized declaration, describing with
particularity:



(1)  The exact item that is being offered for sale;



(2)  Who sold or otherwise transferred the item to the
seller;



(3)  The date of sale of the item; and



(4)  The price, if any, of the item when obtained by
the seller.



(d)  If the seller does not provide a copy of
the receipt or the notarized declaration as required by subsections (b) and
(c), the scrap dealer shall not purchase the copper, or beer keg, in whole or
in part, and shall report the attempted sale to the police.



(e)  If the scrap dealer purchases any copper
or beer keg, in whole or in part, the scrap dealer shall take a photograph or
photographs of all of the copper or any beer keg offered for sale.



(f)  The scrap dealer shall also require
the seller to verify the seller's identity by presenting a valid photo
identification card or license issued by a federal or state government agency
authorized to issue valid identification.  If the scrap being offered for sale
is copper, or a beer keg, in whole or in part, the scrap dealer shall:



(1)  Take a photograph of the
seller; or



(2)  Make a photocopy of the
identification card or license of the seller.



(g)  The scrap dealer shall keep at the dealer's place of business the
signed written statement, the receipt or notarized declaration required by
subsections (b) and (c), the photographs required by subsection (e), and the
photocopy of the identification card or license and photograph of the seller
required by subsection (f), if applicable, from the seller for a period of two
years after the date of purchase and the statement, the receipt or notarized
declaration required by subsections (b) and (c), the photographs required by
subsection (e), and the photocopy and photograph required by subsection (f), if
applicable, may be examined at any time by the treasurer, the chief of police,
the attorney general, the prosecuting attorney, or their designees.



(h)  Public utilities, as defined in section
269-1, shall be exempt from the requirements of subsections (b) and (c).  When
the seller is a public utility, the scrap dealer shall not be required to
obtain the statement required by subsection (a), and the scrap dealer shall not
be prohibited by subsection (d) from purchasing the copper from the public
utility. [L 1976, c 230, pt of §2; gen ch 1985; am L 2007, c 197, §§3, 7; am L
2008, c 53, §§3, 6; am L 2009, c 44, §§1, 2]