Bill Text: NJ A4365 | 2010-2011 | Regular Session | Introduced
Bill Title: Revises law concerning scrap metal businesses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-11-28 - Introduced, Referred to Assembly Regulated Professions Committee [A4365 Detail]
Download: New_Jersey-2010-A4365-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 30 (Burlington, Mercer, Monmouth and Ocean)
SYNOPSIS
Revises law concerning scrap metal businesses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning scrap metal businesses, amending P.L.2009, c.8, amending the title and body of P.L.1981, c.96, and supplementing P.L.1981, c.96.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2009, c.8 (C.45:28-2) is amended to read as follows:
2. The operator of a scrap metal business shall:
a. Verify the identity of any person delivering or selling scrap metal to the scrap metal business by requesting and examining a photograph-bearing, valid State or federal driver's license or other government-issued form of identification bearing a photograph;
b. Make a clear copy of, and record, in a manner as may be prescribed by the Attorney General, the number of the driver's license or other government-issued form of identification presented by the person delivering or selling the scrap metal, before receiving or purchasing any scrap metal from that person;
c. Maintain, for at least five years, a record of all receipts or purchases of scrap metal [in excess of 100 pounds or $50, whichever is less], including, but not limited to:
(1) the date of receipt or purchase of the scrap metal;
(2) the name and address of the person delivering or selling the scrap metal;
(3) the type and number of the identification presented by the person delivering or selling the scrap metal, along with a copy of the driver's license or other government-issued form of identification;
(4) a description of the scrap metal received or purchased, including, but not limited to its type, amount, and form;
(5) the signature of the person delivering or selling the scrap metal; [and]
(6) a photographic record of the scrap metal received or purchased; and
(7) any other information as may be required by the Attorney General;
d. Make any records maintained pursuant to subsection c. of this section available [, upon request,] to any law enforcement agency or State or local weights and measures official [investigating the possible theft or resale of scrap metals] upon reasonable request; and
e. Retain any scrap metal in the form in which it was received or purchased for a period of not less than five business days, or a minimum of 120 hours.
(cf: P.L.2009, c.8, s.2)
2. The title of P.L.1981, c.96 is amended to read as follows:
An Act regulating certain persons in the business of buying certain precious metals or scrap metals and supplementing Title 51 of the Revised Statutes and repealing sections 1 and 2 of P.L.1980, c.53 (C.51:5-8 and C.51:6-11).
(cf: P.L.1981, c.96)
3. Section 5 of P.L.1981, c.96 (C.51:6A-5) is amended to read as follows:
5. For purposes of this act:
a. "Precious metals" means gold, silver, platinum, palladium and alloys thereof.
b. "His name and address" means the name of the buyer and the legal name of the business under which the buyer is doing business, together with the permanent business address.
c. "Transient buyer" means a buyer of precious metals as provided for in this act who has not been in any retail business continuously for at least 6 months at the address in the municipality where he is required to register or who intends to close out or discontinue all retail business in the municipality within 6 months.
d. "Scrap metal" means used, discarded, or previously owned items that consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys.
e. "Scrap metal business" means a commercial establishment which, as one of its principal business purposes, purchases scrap metal for purposes of resale or processing.
(cf: P.L.1981, c.96, s.5)
4. (New section) The operator of a scrap metal business shall:
a. Clearly and prominently display at the point of purchase:
(1) Its name and address;
(2) The price being offered or paid by the buyer for scrap metals expressed as price per standard measure of weight as prescribed by the Superintendent of Weights and Measures.
b. Include its name and address in all advertisements concerning those scrap metals.
c. Weigh scrap metals in plain view of the person selling the scrap metals on State certified scales with the certificate of inspection clearly and prominently displayed.
5. This act shall take effect on the 90th day next following enactment.
STATEMENT
This bill requires that scrap metal businesses maintain a photographic record of all scrap metal purchased or received by the scrap metal business for at least five years. The bill requires scrap metal businesses to retain any scrap metal in the form in which it was received or purchased for a period of not less than five business days or a minimum of 120 hours.
The bill requires scrap metal businesses to make their records available to any law enforcement agency or weights and measures official upon reasonable request and requires scrap metal businesses to keep records of all receipts or purchases of scrap metal. Under current law, scrap metal businesses are only required to keep records of receipts or purchases of scrap metal that are in excess of 100 pounds or $50, whichever is less.
The bill also requires scrap metal businesses to: (1) clearly and prominently display at the point of purchase their name and address and the price being offered or paid by the buyer for scrap metals expressed as price per standard measure of weight as prescribed by the Superintendent of Weights and Measures; (2) include their name and address in all advertisements concerning those scrap metals; and (3) weigh scrap metals in plain view of the person selling the scrap metals on State certified scales with the certificate of inspection clearly and prominently displayed.
