Arizona Laws 44-1644. Report; exemption; violation; classification
A. Within twenty-four hours after receiving scrap metals, except from an industrial account or a scrap metal dealer, for which a record is required to be kept by section 44-1642, a scrap metal dealer shall electronically submit to the department a record of the receipt of the scrap metals. The record shall include the following information:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Arizona Laws 44-1644
- Department: means the department of public safety. See Arizona Laws 44-1641
- File: when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. See Arizona Laws 44-1691
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Industrial account: means either:
(a) A person or business entity that files or is required to file monthly returns for that person's or entity's transaction privilege tax licenses and that is reasonably expected to generate the type of scrap metals it sells. See Arizona Laws 44-1641
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, corporation, association, or any other entity of whatever kind or nature. See Arizona Laws 44-1691
- Scrap metal dealers: means each person or business entity, including all employees of the person or business entity, except automotive recyclers that are licensed pursuant to Title 28, Chapter 10 and whose primary business is the dismantling, selling or disposing of parts or accessories of motor vehicles, engaged in the business of purchasing, trading, bartering or otherwise receiving secondhand or castoff material of any kind that is commonly known as scrap metal. See Arizona Laws 44-1641
- Scrap metals: includes insulated and uninsulated metallic cables and scrap vehicles. See Arizona Laws 44-1641
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. The date, time and place of the receipt of the scrap metal.
2. An identifying description of the specific scrap metal received, including:
(a) The weight and amount of the transaction or other consideration given.
(b) Unique identifying numbers and markings on catalytic converters as defined in Section 44-1642.01, subsection A, paragraph 8 or any nonferrous parts of a catalytic converter.
3. A description of the person delivering the metal to the scrap metal dealer including the person’s gender, height, weight, race and hair and eye color, address and date of birth and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.
4. The number and state of issuance of the license on the vehicle used to deliver the scrap metal.
B. A scrap metal dealer shall electronically submit to the department a record of the receipt of each purchase of a used catalytic converter as defined in Section 44-1642.01, subsection A, paragraph 8 or any nonferrous parts of a catalytic converter from an industrial account or another scrap metal dealer. The report shall include:
1. The name, address and transaction privilege tax number of the seller.
2. The date, time and place of the transaction.
3. The number of catalytic converters purchased.
4. Any unique identifying numbers and markings on catalytic converters or any nonferrous parts of a catalytic converter.
C. The department shall establish by rule electronic submission standards. The submission standards shall allow the submission of the information in an electronic format that is compatible with the output format of not less than four of the record keeping software programs currently in use in the scrap metal industry in this state in a manner that will allow the information to be electronically merged with the department’s database. A scrap metal dealer that submits information to the department pursuant to this section is not required to submit the same information to a local law enforcement agency.
D. The department shall make the information submitted pursuant to this section available to local law enforcement agencies over the internet and shall provide for training and procedures to allow law enforcement personnel to access the information provided electronically for law enforcement purposes.
E. For copper, aluminum wire with a diameter of at least three-eighths of an inch and transactions with a value over $100, a scrap metal dealer shall hold in its custody in the same size, shape and condition in which the scrap metal was received on its business premises any scrap metal received in a reportable transaction for seven days after filing the report prescribed by subsection A of this section.
F. Subsection E of this section does not apply to transactions with industrial accounts, other scrap metal dealers or purchases by scrap metal dealers of used aluminum beverage containers or ferrous metals and of scrap metal authorized for release by a peace officer of that jurisdiction.
G. A person who fails to file a report prescribed by this section is guilty of a class 1 misdemeanor.