CHAPTER 1. REGULATION OF DEALERS BY STATE POLICE
IC 25-37.5
ARTICLE 37.5. DEALERS IN VALUABLE METALS
IC 25-37.5-1
Chapter 1. Regulation of Dealers by State Police
IC 25-37.5-1-0.2
"Core buyer"
Sec. 0.2. As used in this chapter, "core buyer" means a personengaged in the business of purchasing or acquiring small componentmotor vehicle parts for resale, including catalytic converters,automobile radiators, and batteries.
As added by P.L.158-2009, SEC.1.
IC 25-37.5-1-0.3
Repealed
(Repealed by P.L.158-2009, SEC.9.)
IC 25-37.5-1-0.5
"Metal bossie"
Sec. 0.5. As used in this chapter, "metal bossie" means a metalfour (4) wheel cart used to transport or sell food products that arestored in crates, shells, or trays.
As added by P.L.158-2009, SEC.2.
IC 25-37.5-1-0.6
Repealed
(Repealed by P.L.158-2009, SEC.9.)
IC 25-37.5-1-1
"Valuable metal"
Sec. 1. (a) When used in this chapter, "valuable metal" means anyproduct made of metal that readily may be resold. The term includesmetal bossies and small component motor vehicle parts. The termdoes not include a beverage can.
(b) As used in this chapter, "valuable metal dealer" means anyindividual, firm, corporation, limited liability company, orpartnership engaged in the business of purchasing and resellingvaluable metal either at a permanently established place of businessor in connection with a business of an itinerant nature, including junkshops, junk yards, junk stores, auto wreckers, scrap metal dealers orprocessors, salvage yards, collectors of or dealers in junk, and junkcars or trucks. The term includes a core buyer. The term does notinclude a person who purchases a vehicle and obtains title to thevehicle.
(c) As used in this chapter, "purchase" means acquiring a valuablemetal product for a consideration, but does not include purchasesbetween scrap metal processing facilities (as defined inIC 8-23-1-36).
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.)
As amended by P.L.145-1990, SEC.1; P.L.8-1993, SEC.403;P.L.2-2007, SEC.349; P.L.170-2007, SEC.1; P.L.3-2008, SEC.205;P.L.63-2008, SEC.4; P.L.158-2009, SEC.3.
IC 25-37.5-1-2
Record of purchases; forms; retaining copies; beer kegs
Sec. 2. (a) Except as provided in section 5 of this chapter, everyvaluable metal dealer in this state shall enter on forms provided bythe state police department for each purchase of valuable metal thefollowing information:
(1) The name and address of the dealer.
(2) The date and place of each purchase.
(3) The name, address, age, and driver's license number orSocial Security number of the person or persons from whom thevaluable metal was purchased.
(4) The valuable metal dealer shall verify the identity of theperson from whom the valuable metal was purchased by use ofa government issued photographic identification. The dealershall enter on the form the type of government issuedphotographic identification used to verify the identity of theperson from whom the valuable metal was purchased, togetherwith the:
(A) name of the government agency that issued thephotographic identification; and
(B) identification number present on the government issuedphotographic identification.
(5) The motor vehicle license number of the vehicle orconveyance on which the valuable metal was delivered to thedealer.
(6) The price paid for the metal.
(7) A description and weight of the valuable metal purchased.
(8) The source of the valuable metal.
(9) The photograph described in subsection (b).
After entering the information required in this subsection, thevaluable metal dealer shall require the person or persons from whomthe valuable metal is purchased to sign the form and verify itsaccuracy.
(b) In addition to collecting the information described insubsection (a), a valuable metal dealer shall take a photograph of:
(1) the person from whom the valuable metal is beingpurchased; and
(2) the valuable metal.
(c) A valuable metal dealer shall make and retain a copy of thegovernment issued photographic identification described undersubsection (a)(4) used to verify the identity of the person from whomvaluable metal was purchased and the photograph described insubsection (b). However, a valuable metal dealer is not required tomake a copy of a government issued photographic identification usedunder subsection (a)(4) to verify the identity of the person fromwhom valuable metal is purchased if the valuable metal dealer has
retained a copy of a person's government issued photographicidentification from a prior purchase from the person by the valuablemetal dealer.
(d) The completed form, the photograph described in subsection(b), and the copy of the government issued photographicidentification described in subsection (c) shall be kept in a separatebook or register by the dealer and shall be retained for a period oftwo (2) years. This book or register shall be made available forinspection by any law enforcement official at any time.
(e) A valuable metal dealer may not accept a damaged or anundamaged metal beer keg if either of the following applies:
(1) The keg is clearly marked as the property of a brewerymanufacturer.
(2) The keg's identification markings have been made illegible.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.)As amended by P.L.145-1990, SEC.2; P.L.2-2007, SEC.350;P.L.170-2007, SEC.2; P.L.158-2009, SEC.4.
IC 25-37.5-1-3
Rule adoption; products list
Sec. 3. The superintendent of the state police department mayadopt rules under IC 4-22-2 as may be necessary to administer andenforce the provisions and intent of this chapter. The superintendentshall also prepare and distribute a list to each valuable metal dealerdescribing valuable metal products that are particularly susceptibleto theft.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.)As amended by Acts 1982, P.L.154, SEC.136; P.L.7-1987, SEC.134;P.L.145-1990, SEC.3; P.L.2-2007, SEC.351; P.L.170-2007, SEC.3;P.L.3-2008, SEC.206; P.L.158-2009, SEC.5.
IC 25-37.5-1-4
Separation of purchases; inspection
Sec. 4. Except as provided in section 5 of this chapter, everydealer shall hold each purchase of valuable metal requiringnotification for at least five (5) working days from the date ofnotification:
(1) at his regular place of business; and
(2) separate and apart; so that it is readily identifiable from allother purchases. During this period, a dealer may not change theform of the valuable metal and shall permit any lawenforcement officer to make inspection of the valuable metalpurchased.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.)As amended by P.L.145-1990, SEC.4.
IC 25-37.5-1-5
Exclusions
Sec. 5. The provisions of sections 2 and 3 of this chapter do notapply to purchases from persons, firms, limited liability companies,
or corporations regularly engaged in the business of manufacturingvaluable metals, the business of selling valuable metals at retail orwholesale, to the purchase of one dealer from another or the purchasefrom persons, firms, limited liability companies, or corporationsengaged in either the generation, transmission or distribution ofelectric energy or in telephone, telegraph and other communicationsif such persons, firms, limited liability companies, or corporations atthe time of purchase, provide the dealer with a bill of sale or otherwritten evidence of title to the valuable metal.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.)As amended by P.L.8-1993, SEC.404.
IC 25-37.5-1-6
Forms
Sec. 6. The state police department shall prepare the formsprovided for in section 2 of this chapter, shall make a reasonablesupply of the forms available at the office of the county sheriff ofeach county and shall provide the forms to any individual uponrequest.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.)As amended by Acts 1982, P.L.154, SEC.137.
IC 25-37.5-1-7
Violations
Sec. 7. A dealer who fails to comply with this chapter commits aClass A infraction.
(Formerly: Acts 1971, P.L.380, SEC.1; Acts 1972, P.L.11, SEC.11.)As amended by Acts 1978, P.L.2, SEC.2566; P.L.145-1990, SEC.5.