Maine Revised Statutes Title 30-A Sec. 3772 – Records of purchases maintained by scrap metal processors
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1. Maintenance of records requirement. Except as provided in subsection 2, a scrap metal processor doing business in the State shall maintain an accurate and legible record of each scrap metal purchase transaction.
[PL 2011, c. 545, §2 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
Terms Used In Maine Revised Statutes Title 30-A Sec. 3772
- Contract: A legal written agreement that becomes binding when signed.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 30-A Sec. 3771
- Scrap metal: means metal that can be recycled, including, but not limited to, bits and pieces of metal parts that may be combined together with bolts or soldering and can be recycled when worn or superfluous. See Maine Revised Statutes Title 30-A Sec. 3771
- Scrap metal processor: means a person that purchases scrap metal for resale or recycling. See Maine Revised Statutes Title 30-A Sec. 3771
- Seller: means any person that receives in a transaction monetary consideration from a scrap metal processor in exchange for nonferrous metal, iron or steel, including stainless steel. See Maine Revised Statutes Title 30-A Sec. 3771
1-A. Form and method of payment. A scrap metal processor shall provide payment to a seller only in the form of a credit card, as defined in Title 9-A, section 1-301, subsection 16, a debit card, as defined in Title 10, section 1271, subsection 3, or a check. If payment is made by check, the scrap metal processor shall maintain a record of the payee, check number and name of the financial institution upon which the check is drawn.
[PL 2013, c. 141, §1 (AMD).]
2. Exception. A scrap metal processor doing business in the State is not required to maintain individual records for a series of scrap metal purchase transactions made pursuant to a written contract or bill of sale.
[PL 2007, c. 549, §1 (NEW).]
3. Information required. The record of each scrap metal purchase transaction required under subsection 1 must be on a form prescribed by the Commissioner of Public Safety and contain the following information:
A. The name, address and gender of the seller. The scrap metal processor shall require the seller to provide proof of identification with a driver’s license, military identification card, passport or other form of government-issued photo identification. The scrap metal processor shall photocopy the form of photo identification presented and record the distinct identifying number of that photo identification. If the proof of identification contains a photograph that is faded, out of date or otherwise indiscernible, the scrap metal processor shall photograph the seller. A scrap metal processor shall keep these proof of identification records in a secure, nonpublic location and, unless otherwise permitted by law, may not publish, reproduce, distribute or disclose these records for any other purpose than that described in section 3773, subsection 2. Information required under this paragraph may be maintained for repeat sellers in a relational database that allows the scrap metal processor to record the information one time and relate future purchase records to that information; [PL 2011, c. 545, §4 (AMD).]
B. The date of the scrap metal purchase transaction; [PL 2007, c. 549, §1 (NEW).]
C. A general description of the predominant types of scrap metal purchased, which must be made in accordance with the custom of the trade; [PL 2007, c. 549, §1 (NEW).]
D. A general description of the configuration of the scrap metal and whether the material is insulated; [PL 2007, c. 549, §1 (NEW).]
E. The weight, quantity or volume, recorded in accordance with the custom of the trade, of the scrap metal purchased; [PL 2007, c. 549, §1 (NEW).]
F. The consideration paid; [PL 2011, c. 545, §5 (AMD).]
G. A signed statement that the seller is the owner or is otherwise authorized to sell the scrap metal on a form provided by the buyer that conspicuously bears the warning that making a false statement is a Class D crime under Title 17?A, section 453; and [PL 2011, c. 545, §6 (AMD).]
H. The make, model and number and state of issue of the license plate of the vehicle being used to deliver the scrap metal. [PL 2011, c. 545, §7 (NEW).]
[PL 2015, c. 206, §10 (AMD).]
SECTION HISTORY
PL 2007, c. 549, §1 (NEW). PL 2011, c. 545, §§2-7 (AMD). PL 2013, c. 141, §1 (AMD). PL 2015, c. 206, §10 (AMD).