Chapter 189
2013 -- S 0079 SUBSTITUTE A
Enacted 07/11/13
A N A C T
RELATING TO
COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS -COPPER THEFT PREVENTION ACT
Introduced By: Senators Ruggerio, Goodwin, Ciccone, Pichardo, and Jabour
Date Introduced: January 16, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Title 6 of the General Laws entitled
"COMMERCIAL LAW - GENERAL
REGULATORY PROVISIONS"
is hereby amended by adding thereto the following chapter:
CHAPTER
11.2
PURCHASE
AND
6-11.2-1.
Short title. -- (a) This
chapter shall be known and may be cited as the "Copper
Theft Prevention Act."
6-11.2-2.
Definitions. -- (a) "Electronic Reporting
System" means an electronic process
that records, reports, processes, stores and sends data
and digital images of transactions in
accordance with section 6-11.2-6.
(b) The word
"person(s)," when used in this chapter, shall include any
individual(s),
partnership(s), association(s), and corporation(s).
(c) "Public
property" means property owned and maintained by a municipality, the
state,
the
associated with public streets and sidewalks as follows:
(1)
Manhole covers, or other types of utility access covers
including, but not limited to,
water maintenance covers;
(2) Highway and
street signs;
(3) Street light
poles and fixtures;
(4) Guardrails for bridges,
highways, and roads;
(5) Historical,
commemorative, and memorial markers and plaques; and
(6) Traffic
directional and control signs and light signals.
(d) "Regulated
metals property" means all ferrous and nonferrous metals, including, but
not limited to, copper, copper alloy, bronze and
aluminum, not including aluminum beverage
containers.
(e) "Secondary
metals recycler" means any person, firm or corporation in the state that
is
engaged, from a fixed location or otherwise, in the business
of paying compensation for regulated
metals that has served its original economic purposes,
whether or not engaged in the business of
performing the manufacturing process by which regulated metals
are converted into raw materials
products consisting of prepared grades and having an existing
or potential economic value.
6-11.2-3. License
required. -- (a) No person, including a secondary metals recycler,
salvage yard operator or second hand dealer, shall engage in
the business of purchasing, selling,
bartering or dealing any regulated metals property or any
articles containing those metals, from
the general public for the purpose of reselling or
recycling the regulated metals in any condition
without first obtaining a license from the department of
attorney general.
(b) This section
shall not apply to the purchase of old metals from a person who is
licensed to engage in the business of purchasing, selling,
bartering or dealing in junk, old metals
or secondhand articles, and who has previously recorded
the contents of the load, pursuant to this
section, and such person provides a written statement
affirming such record at the time of the
transaction.
6-11.2-4.
Application for license – Annual fee – Department of attorney general to
promulgate rules and regulations. -- (a) The application for
the license pursuant to section 6-
11.2-3 shall be in writing, under oath, and in the
form prescribed by the department of attorney
general. The application shall contain the following
information:
(1) Full name,
including middle name, any aliases, address of residence and the business,
social security number and/or federal employer
identification number of applicant and/or
principals of any applicant corporation; and
(2) The city or town,
and the street address where the business is to be conducted, and
any further information that the department of attorney
general may require.
(b) The applicant
shall annually pay to the department of attorney general a license fee in
the sum of seventy dollars ($70.00).
(c) The licensee
shall not assign or transfer to any other person or entity its license issued
pursuant to this chapter.
(d) Every licensee under
this chapter shall display its license in a visible place at the
licensee’s place of business.
(e) All licenses
granted under the provisions of this chapter shall expire on the first day of
January each year and no rebate shall be made from the
license fee for such license for any
license term less than one year.
6-11.2-5.
Identification of seller of goods. -- (a) Every person licensed under this
chapter shall require the seller of any goods or merchandise
to present a valid motor vehicle
operator’s license containing his or her photograph or other
such suitable identification containing
his or her photograph.
(b) The licensee
shall maintain a record of the same, together with any other records
required by law.
(c) Every seller
shall sign a statement, on a form to be approved by the department of
attorney general, stating that the seller is the legal owner
of the property, or is the agent of the
owner authorized to sell the property.
(d) Every person
required to be licensed under this chapter shall, before purchasing any
regulated metal or article made from or containing a regulated
metal, require the seller, if a minor,
to be accompanied by the parent or legal guardian of the
minor.
6-11.2-6.
Payment. -- Payment in full made for all
material purchased pursuant to this
chapter may be made by check, wire transfer, cash, or any
other legal means.
6-11.2-7. Record
of transactions required – Reports to police. -- (a) Every person
licensed under this chapter shall keep a copy of the report
form obtained from or under the
direction of the department of attorney general, containing a
comprehensive record of all
transactions concerning regulated metals. The comprehensive record
shall be hand printed legibly
or typed. The licensee shall, upon request, send any
records as defined in subsection (b) by hand
delivery, mail or electronic submission, whenever applicable,
to the chief of police of said
requesting department.
(b) The record shall include
the following information:
(i) Date of transactions;
(ii) The name,
address, telephone number, if available, and signature of the person from
whom the old or used metals are purchased or received, as
well as a photocopy or digital image of
the person’s photo identification;
(iii) The license
plate number, state of issue, make and model, of the vehicle used to
deliver the regulated metals to the secondary recycler,
whenever applicable;
(iv)
The price paid for the old or used metals;
(v) A description of
the regulated metals, or in the alternative a digital image of the
transaction, in a manner approved by the attorney general; and
(vi)
Any further information that the department of attorney general
may deem relevant
to the specific requested transaction.
(c) Nothing in this
section shall be construed as requiring additional recordkeeping for
junked automobiles or automobile parts beyond what is
otherwise required by law.
(d) Every person
licensed under this chapter shall retain a copy of the report form for a
period of two (2) years from the date of the sale stated on
the form. These records are to be made
available for inspection by any law enforcement agency
requesting to review them. A secondary
metals recycler is prohibited from releasing a customer's
information without the customer's
consent unless the disclosure is made in response to a
request from a law enforcement agency.
6-11.2-8. Holding
period for property acquired by licensee.-- (a)
Every person
licensed under this chapter shall keep, for a period of three
(3) days, and shall immediately notify
the police department of the following property purchased
or received consisting of brass, bronze,
copper, cast iron, stainless steel, and/or wrought iron:
(1) Statues and
sculptures;
(2) Weathervanes;
(3) Downspouts;
(4) Handrails;
(5) Decorative
fencing;
(6) Grave markers,
sculptures, plaques and vases, the appearance of which suggest that
the articles have been obtained from a cemetery; and
(7) Beer kegs.
(b) During said
holding period, property shall be kept separate and distinct and shall not
be disfigured or treated in any manner to alter or
destroy its identity.
6-11.2-9.
Acquisition of Public Property. -- (a) Every person licensed under this chapter
shall not accept any public property as defined in this
chapter, unless evidence of a valid contract
with a government entity is provided at the time of the
transaction.
(b) A licensee shall
immediately notify the police department of any individual
attempting to sell public property without authorization from a
governmental entity.
6-11.2-10. Persons
injured by violations of chapter - Damages and costs.--
Any
person who has been damaged or injured by failure of a
person required to be licensed under this
chapter, to comply with the provisions of this chapter, may
recover the actual value of the
property involved in the transaction.
6-11.2-11.
Penalties. -- (a) Every
person who shall violate the provisions of this chapter
shall be guilty of a misdemeanor and shall be fined not
more than five hundred dollars ($500), or
imprisoned for not more than one year, or both.
(b) If the value of
the property involved in a transaction which is in violation of this
chapter exceeds two hundred fifty dollars ($250), a person
convicted of a violation shall be fined
not more than one thousand dollars ($1,000) or both.
(c) The department of
attorney general shall have the authority to suspend the license of
any person required to be licensed under this chapter as
a result of violations of this chapter
regulations leading to penalties under this chapter.
6-11.2-12.
Rules and regulations. -- The department of
attorney general is authorized to
adopt and enforce any regulations deemed necessary to carry
out the duties and responsibilities of
this chapter. Regulations shall be adopted in accordance
with the "Administrative Procedures
Act", chapter 42-35.
6-11.2-13.
Refusal to issue license. -- The department of
attorney general shall refuse to
issue a license when the department of attorney general has
found that the application for the
license contains a false representation of a material fact,
when investigation reveals that the
person applying for the license has previously been guilty
of a violation of this chapter or has
been a partner of a partnership, member of an association,
or an officer, director or member of a
corporation which has previously been guilty of a violation of
this chapter.
6-11.2-14.
Suspension, revocation, and nonrenewal of license. --
Upon determination
by the attorney general of a valid written complaint,
the attorney general may issue a final order
suspending, revoking or refusing any license issued, pursuant to
this chapter. Hearings conducted
pursuant to this chapter shall be in accordance with the
"Administrative Procedures Act" chapter
42-35.
6-11.2-15.
Appeals. -- Appeals from a final order by the
department of attorney general
shall be made in accordance with the "Administrative
Procedures Act", chapter 42-35.
6-11.2-16.
Severability. -- The provisions of this chapter
are severable, and if any
provision hereof shall be held invalid in any circumstances,
any invalidity shall not affect any
other provisions or circumstances. This chapter shall be
construed in all respects so as to meet
any constitutional requirements. In carrying out the
purposes and provisions of this chapter, all
steps shall be taken which are necessary to meet
constitutional requirements.
6-11.2-17.
Preemption.-- The provisions of this chapter shall not preempt any
ordinance
or regulation adopted by any town or city in accordance with
chapter 5-21.
SECTION 2. This act shall take effect December 31, 2013.
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LC00281/SUB A/2
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