Utah Code 76-6-1403. Requirements for records of sale or purchases
Current as of: 2024 | Check for updates
|
Other versions
(1) Every dealer shall:
Terms Used In Utah Code 76-6-1403
- Dealer: means :(2)(a) a scrap metal processor or secondary metals dealer or recycler, but does not include:(2)(a)(i) junk dealers as defined in Section 76-6-1402;(2)(a)(ii) solid waste management facilities as defined in Section 19-6-502; or(2)(a)(iii) the following businesses that are authorized to accept delivery of used lead batteries for recycling under Sections 19-6-603, 19-6-604, and 19-6-605:(2)(a)(iii)(A) retailers;(2)(a)(iii)(B) wholesalers;(2)(a)(iii)(C) battery manufacturers; and(2)(a)(iii)(D) secondary lead smelters. See Utah Code 76-6-1402
- Identification: means a form of positive identification issued by a state of the United States or the United States federal government that:
(4)(a) contains a numerical identifier and a photograph of the person identified;(4)(b) provides the date of birth of the person identified; and(4)(c) includes a state identification card, a state driver license, a United States military identification card, or a United States passport. See Utah Code 76-6-1402- 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, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Regulated metal: includes :
(9)(b)(i) aluminum, brass, copper, lead, chromium, tin, nickel, or alloys of these metals, except under Subsection (9)(c), and lead that is a part of an automotive or industrial lead battery;(9)(b)(ii) property that is a regulated metal and that is owned by, and also identified by marking or other means as the property of:(9)(b)(ii)(A) a telephone, cable, electric, water, or other utility; or(9)(b)(ii)(B) a railroad company;(9)(b)(iii) unused and undamaged building construction materials made of metal or alloy, including:(9)(b)(iii)(A) copper pipe, tubing, or wiring; and(9)(b)(iii)(B) aluminum wire, siding, downspouts, or gutters;(9)(b)(iv) oil well rigs, including any part of the rig;(9)(b)(v) nonferrous materials, stainless steel, and nickel; and(9)(b)(vi) irrigation pipe. See Utah Code 76-6-1402- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) require the information under Subsection (2) for each transaction of regulated metal, except under Subsection 76-6-1406(4); and(1)(b) maintain for each purchase of regulated metal the information required by this part in a written or electronic log, in the English language.(2) The dealer shall require the following information of the seller and shall record the information as required under Subsection (1) for each purchase of regulated metal:(2)(a) a complete description of the regulated metal, including weight and metallic description, in accordance with scrap metal recycling industry standards;(2)(b) the full name and residence of each person selling the regulated metal;(2)(c) the vehicle type and license plate number, if applicable, of the vehicle transporting the regulated metal to the dealer;(2)(d) the price per pound and the amount paid for each type of regulated metal purchased by the dealer;(2)(e) the date, time, and place of the purchase;(2)(f) the type and the identifying number of the identification provided in Subsection (2)(g);(2)(g) a form of identification that is a valid United States federal or state-issued photo ID, which includes a driver license, a United States passport, a United States passport card, or a United States military identification card;(2)(h) the seller’s signature on a certificate stating that the seller has the legal right to sell the scrap metal or junk; and(2)(i) a digital photograph or still video of the seller, taken at the time of the sale, or a clearly legible photocopy of the seller’s identification.(3) No entry in the log may be erased, deleted, mutilated, or changed.(4) The log and entries shall be open to inspection by the following officials having jurisdiction over the area in which the dealer does business during regular business hours:(4)(a) the county sheriff or deputies;(4)(b) any law enforcement agency; and(4)(c) any constable or other state, municipal, or county official in the county in which the dealer does business.(5) A dealer shall make these records available for inspection by any law enforcement agency, upon request, at the dealer’s place of business during the dealer’s regular business hours.(6) Log entries made under this section shall be maintained for not less than three years from date of entry.(7)(7)(a) The dealer may maintain the information required by Subsection (2) for repeat sellers who use the same vehicle to bring regulated metal for each transaction in a relational database that allows the dealer to enter an initial record of the seller’s information and then relate subsequent transaction records to that initial information, except under Subsection (7)(b).(7)(b) The dealer shall obtain regarding each transaction with repeat sellers:(7)(b)(i) a photograph of the seller; and(7)(b)(ii) a signature from the seller.(8) A dealer who violates this section is subject to the penalties described in Section 76-6-1403.1. - Identification: means a form of positive identification issued by a state of the United States or the United States federal government that: