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 person
engaged in the business of purchasing or acquiring small component
motor 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Repealed
(Repealed by P.L.158-2009, SEC.9.)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 metal
four (4) wheel cart used to transport or sell food products that are
stored 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Repealed
(Repealed by P.L.158-2009, SEC.9.)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 any
product made of metal that readily may be resold. The term includes
metal bossies and small component motor vehicle parts. The term
does not include a beverage can.
(b) As used in this chapter, "valuable metal dealer" means any
individual, firm, corporation, limited liability company, or
partnership engaged in the business of purchasing and reselling
valuable metal either at a permanently established place of business
or in connection with a business of an itinerant nature, including junk
shops, junk yards, junk stores, auto wreckers, scrap metal dealers or
processors, salvage yards, collectors of or dealers in junk, and junk
cars or trucks. The term includes a core buyer. The term does not
include a person who purchases a vehicle and obtains title to the
vehicle.
(c) As used in this chapter, "purchase" means acquiring a valuable
metal product for a consideration, but does not include purchases
between scrap metal processing facilities (as defined in
IC 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, every
valuable metal dealer in this state shall enter on forms provided by
the state police department for each purchase of valuable metal the
following 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 or
Social Security number of the person or persons from whom the
valuable metal was purchased.
(4) The valuable metal dealer shall verify the identity of the
person from whom the valuable metal was purchased by use of
a government issued photographic identification. The dealer
shall enter on the form the type of government issued
photographic identification used to verify the identity of the
person from whom the valuable metal was purchased, together
with the:
(A) name of the government agency that issued the
photographic identification; and
(B) identification number present on the government issued
photographic identification.
(5) The motor vehicle license number of the vehicle or
conveyance on which the valuable metal was delivered to the
dealer.
(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, the
valuable metal dealer shall require the person or persons from whom
the valuable metal is purchased to sign the form and verify its
accuracy.
(b) In addition to collecting the information described in
subsection (a), a valuable metal dealer shall take a photograph of:
(1) the person from whom the valuable metal is being
purchased; and
(2) the valuable metal.
(c) A valuable metal dealer shall make and retain a copy of the
government issued photographic identification described under
subsection (a)(4) used to verify the identity of the person from whom
valuable metal was purchased and the photograph described in
subsection (b). However, a valuable metal dealer is not required to
make a copy of a government issued photographic identification used
under subsection (a)(4) to verify the identity of the person from
whom valuable metal is purchased if the valuable metal dealer has
retained a copy of a person's government issued photographic
identification from a prior purchase from the person by the valuable
metal dealer.
(d) The completed form, the photograph described in subsection
(b), and the copy of the government issued photographic
identification described in subsection (c) shall be kept in a separate
book or register by the dealer and shall be retained for a period of
two (2) years. This book or register shall be made available for
inspection by any law enforcement official at any time.
(e) A valuable metal dealer may not accept a damaged or an
undamaged metal beer keg if either of the following applies:
(1) The keg is clearly marked as the property of a brewery
manufacturer.
(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 may
adopt rules under IC 4-22-2 as may be necessary to administer and
enforce the provisions and intent of this chapter. The superintendent
shall also prepare and distribute a list to each valuable metal dealer
describing valuable metal products that are particularly susceptible
to 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, every
dealer shall hold each purchase of valuable metal requiring
notification for at least five (5) working days from the date of
notification:
(1) at his regular place of business; and
(2) separate and apart; so that it is readily identifiable from all
other purchases. During this period, a dealer may not change the
form of the valuable metal and shall permit any law
enforcement officer to make inspection of the valuable metal
purchased. (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 not
apply to purchases from persons, firms, limited liability companies,
or corporations regularly engaged in the business of manufacturing
valuable metals, the business of selling valuable metals at retail or
wholesale, to the purchase of one dealer from another or the purchase
from persons, firms, limited liability companies, or corporations
engaged in either the generation, transmission or distribution of
electric energy or in telephone, telegraph and other communications
if such persons, firms, limited liability companies, or corporations at
the time of purchase, provide the dealer with a bill of sale or other
written 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 forms
provided for in section 2 of this chapter, shall make a reasonable
supply of the forms available at the office of the county sheriff of
each county and shall provide the forms to any individual upon
request. (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 a
Class 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.
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 person
engaged in the business of purchasing or acquiring small component
motor 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 metal
four (4) wheel cart used to transport or sell food products that are
stored 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 any
product made of metal that readily may be resold. The term includes
metal bossies and small component motor vehicle parts. The term
does not include a beverage can.
(b) As used in this chapter, "valuable metal dealer" means any
individual, firm, corporation, limited liability company, or
partnership engaged in the business of purchasing and reselling
valuable metal either at a permanently established place of business
or in connection with a business of an itinerant nature, including junk
shops, junk yards, junk stores, auto wreckers, scrap metal dealers or
processors, salvage yards, collectors of or dealers in junk, and junk
cars or trucks. The term includes a core buyer. The term does not
include a person who purchases a vehicle and obtains title to the
vehicle.
(c) As used in this chapter, "purchase" means acquiring a valuable
metal product for a consideration, but does not include purchases
between scrap metal processing facilities (as defined in
IC 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, every
valuable metal dealer in this state shall enter on forms provided by
the state police department for each purchase of valuable metal the
following 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 or
Social Security number of the person or persons from whom the
valuable metal was purchased.
(4) The valuable metal dealer shall verify the identity of the
person from whom the valuable metal was purchased by use of
a government issued photographic identification. The dealer
shall enter on the form the type of government issued
photographic identification used to verify the identity of the
person from whom the valuable metal was purchased, together
with the:
(A) name of the government agency that issued the
photographic identification; and
(B) identification number present on the government issued
photographic identification.
(5) The motor vehicle license number of the vehicle or
conveyance on which the valuable metal was delivered to the
dealer.
(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, the
valuable metal dealer shall require the person or persons from whom
the valuable metal is purchased to sign the form and verify its
accuracy.
(b) In addition to collecting the information described in
subsection (a), a valuable metal dealer shall take a photograph of:
(1) the person from whom the valuable metal is being
purchased; and
(2) the valuable metal.
(c) A valuable metal dealer shall make and retain a copy of the
government issued photographic identification described under
subsection (a)(4) used to verify the identity of the person from whom
valuable metal was purchased and the photograph described in
subsection (b). However, a valuable metal dealer is not required to
make a copy of a government issued photographic identification used
under subsection (a)(4) to verify the identity of the person from
whom valuable metal is purchased if the valuable metal dealer has
retained a copy of a person's government issued photographic
identification from a prior purchase from the person by the valuable
metal dealer.
(d) The completed form, the photograph described in subsection
(b), and the copy of the government issued photographic
identification described in subsection (c) shall be kept in a separate
book or register by the dealer and shall be retained for a period of
two (2) years. This book or register shall be made available for
inspection by any law enforcement official at any time.
(e) A valuable metal dealer may not accept a damaged or an
undamaged metal beer keg if either of the following applies:
(1) The keg is clearly marked as the property of a brewery
manufacturer.
(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 may
adopt rules under IC 4-22-2 as may be necessary to administer and
enforce the provisions and intent of this chapter. The superintendent
shall also prepare and distribute a list to each valuable metal dealer
describing valuable metal products that are particularly susceptible
to 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, every
dealer shall hold each purchase of valuable metal requiring
notification for at least five (5) working days from the date of
notification:
(1) at his regular place of business; and
(2) separate and apart; so that it is readily identifiable from all
other purchases. During this period, a dealer may not change the
form of the valuable metal and shall permit any law
enforcement officer to make inspection of the valuable metal
purchased. (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 not
apply to purchases from persons, firms, limited liability companies,
or corporations regularly engaged in the business of manufacturing
valuable metals, the business of selling valuable metals at retail or
wholesale, to the purchase of one dealer from another or the purchase
from persons, firms, limited liability companies, or corporations
engaged in either the generation, transmission or distribution of
electric energy or in telephone, telegraph and other communications
if such persons, firms, limited liability companies, or corporations at
the time of purchase, provide the dealer with a bill of sale or other
written 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 forms
provided for in section 2 of this chapter, shall make a reasonable
supply of the forms available at the office of the county sheriff of
each county and shall provide the forms to any individual upon
request. (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 a
Class 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.
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 person
engaged in the business of purchasing or acquiring small component
motor 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 metal
four (4) wheel cart used to transport or sell food products that are
stored 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 any
product made of metal that readily may be resold. The term includes
metal bossies and small component motor vehicle parts. The term
does not include a beverage can.
(b) As used in this chapter, "valuable metal dealer" means any
individual, firm, corporation, limited liability company, or
partnership engaged in the business of purchasing and reselling
valuable metal either at a permanently established place of business
or in connection with a business of an itinerant nature, including junk
shops, junk yards, junk stores, auto wreckers, scrap metal dealers or
processors, salvage yards, collectors of or dealers in junk, and junk
cars or trucks. The term includes a core buyer. The term does not
include a person who purchases a vehicle and obtains title to the
vehicle.
(c) As used in this chapter, "purchase" means acquiring a valuable
metal product for a consideration, but does not include purchases
between scrap metal processing facilities (as defined in
IC 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, every
valuable metal dealer in this state shall enter on forms provided by
the state police department for each purchase of valuable metal the
following 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 or
Social Security number of the person or persons from whom the
valuable metal was purchased.
(4) The valuable metal dealer shall verify the identity of the
person from whom the valuable metal was purchased by use of
a government issued photographic identification. The dealer
shall enter on the form the type of government issued
photographic identification used to verify the identity of the
person from whom the valuable metal was purchased, together
with the:
(A) name of the government agency that issued the
photographic identification; and
(B) identification number present on the government issued
photographic identification.
(5) The motor vehicle license number of the vehicle or
conveyance on which the valuable metal was delivered to the
dealer.
(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, the
valuable metal dealer shall require the person or persons from whom
the valuable metal is purchased to sign the form and verify its
accuracy.
(b) In addition to collecting the information described in
subsection (a), a valuable metal dealer shall take a photograph of:
(1) the person from whom the valuable metal is being
purchased; and
(2) the valuable metal.
(c) A valuable metal dealer shall make and retain a copy of the
government issued photographic identification described under
subsection (a)(4) used to verify the identity of the person from whom
valuable metal was purchased and the photograph described in
subsection (b). However, a valuable metal dealer is not required to
make a copy of a government issued photographic identification used
under subsection (a)(4) to verify the identity of the person from
whom valuable metal is purchased if the valuable metal dealer has
retained a copy of a person's government issued photographic
identification from a prior purchase from the person by the valuable
metal dealer.
(d) The completed form, the photograph described in subsection
(b), and the copy of the government issued photographic
identification described in subsection (c) shall be kept in a separate
book or register by the dealer and shall be retained for a period of
two (2) years. This book or register shall be made available for
inspection by any law enforcement official at any time.
(e) A valuable metal dealer may not accept a damaged or an
undamaged metal beer keg if either of the following applies:
(1) The keg is clearly marked as the property of a brewery
manufacturer.
(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 may
adopt rules under IC 4-22-2 as may be necessary to administer and
enforce the provisions and intent of this chapter. The superintendent
shall also prepare and distribute a list to each valuable metal dealer
describing valuable metal products that are particularly susceptible
to 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, every
dealer shall hold each purchase of valuable metal requiring
notification for at least five (5) working days from the date of
notification:
(1) at his regular place of business; and
(2) separate and apart; so that it is readily identifiable from all
other purchases. During this period, a dealer may not change the
form of the valuable metal and shall permit any law
enforcement officer to make inspection of the valuable metal
purchased. (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 not
apply to purchases from persons, firms, limited liability companies,
or corporations regularly engaged in the business of manufacturing
valuable metals, the business of selling valuable metals at retail or
wholesale, to the purchase of one dealer from another or the purchase
from persons, firms, limited liability companies, or corporations
engaged in either the generation, transmission or distribution of
electric energy or in telephone, telegraph and other communications
if such persons, firms, limited liability companies, or corporations at
the time of purchase, provide the dealer with a bill of sale or other
written 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 forms
provided for in section 2 of this chapter, shall make a reasonable
supply of the forms available at the office of the county sheriff of
each county and shall provide the forms to any individual upon
request. (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 a
Class 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.
