First Regular Session 115th General Assembly (2007)


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    HOUSE ENROLLED ACT No. 1324



     AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-37.5-1-1; (07)HE1324.1.1. -->
    SECTION 1. IC 25-37.5-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) When used in this chapter, "valuable metal" means any product made of copper, copper alloy, brass, aluminum, or aluminum alloy that is readily used or useable:
         (1) by a public utility, railroad, county, city or state highway department, public or private school, or an institution of higher education; or
        (2) on residential or commercial property.

    (b) As used in this chapter, "valuable metal dealer" means any individual, firm, corporation, limited liability company, or partnership engaged in the business of purchasing and reselling valuable metal either at a permanently established place of business or in connection with a business of an itinerant nature, including junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors, salvage yards, collectors of or dealers in junk, and junk carts or trucks.
    (c) As used in this chapter, "purchase" means acquiring a valuable metal product or products by a valuable metal dealer in a single transaction of one hundred dollars ($100) or more for a consideration, but does not include purchases between scrap metal processing facilities (as defined in IC 8-12-1-3(d)).
SOURCE: IC 25-37.5-1-2; (07)HE1324.1.2. -->     SECTION 2. IC 25-37.5-1-2, AS AMENDED BY SEA 526-2007,

SECTION 350, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Except as provided in section 5 of this chapter, every valuable metal dealer in this state shall enter on forms provided by the state police department for each purchase of valuable metal the following information:
        (1) The name and address of the dealer.
        (2) The date and place of each purchase.
        (3) The name, address, age, and driver's license number or Social Security number of the person or persons from whom the valuable metal was purchased.
         (4) The valuable metal dealer shall verify the identity of the person from whom the valuable metal was purchased by use of a government issued photographic identification. The dealer shall enter on the form the type of government issued photographic identification used to verify the identity of the person from whom the valuable metal was purchased, together with the:
            (A) name of the government agency that issued the photographic identification; and
            (B) identification number present on the government issued photographic identification.

        (4) (5) The motor vehicle license number of the vehicle or conveyance on which the valuable metal was delivered to the dealer.
        (5) (6) The price paid for the metal.
        (6) (7) A description and weight of the valuable metal purchased.
     (b) A valuable metal dealer shall make and retain a copy of the government issued photographic identification described under subsection (a)(4) used to verify the identity of the person from whom valuable metal was purchased. However, a valuable metal dealer is not required to make a copy of a government issued photographic identification used under subsection (a)(4) to verify the identity of the person from whom valuable metal is purchased if the valuable metal dealer has retained a copy of a person's government issued photographic identification from a prior purchase from the person by the valuable metal dealer.
    (b) (c) The completed form and the copy of the government issued photographic identification described in subsection (b) shall be kept in a separate book or register by the dealer and shall be retained for a period of two (2) years. Such book or register shall be made available for inspection by any law enforcement official at any time. Within twenty-four (24) hours from the date of purchase of a valuable metal

the valuable metal dealer shall notify the local law enforcement agency in writing or orally of the description of the purchase and the name of the individual who sold the product to the dealer. Notification is not required for such purchases if a bill of sale or other evidence of ownership is presented at the time of the sale of the product to the dealer from a public utility, railroad, county, city or state highway department, public or private school, or a postsecondary educational institution.
     (d) A valuable metal dealer may not accept a damaged or an undamaged metal beer keg if either of the following applies:
        (1) The keg is clearly marked as the property of a brewery manufacturer.
        (2) The keg's identification markings have been made illegible.

SOURCE: IC 25-37.5-1-3; (07)HE1324.1.3. -->     SECTION 3. IC 25-37.5-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. The superintendent of the state police department may adopt rules under IC 4-22-2 as may be necessary to administer and enforce the provisions and intent of this chapter. The superintendent shall also prepare and distribute a list to each valuable metal dealer describing:
         (1) valuable metal products of interest to public utilities, railroads, county, city or state highway departments, public or private schools, or an institution of higher education; and
        (2) valuable metal products of interest for use on residential or commercial property.


HEA 1324

Figure

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