KRS § 433.904 — KY Code / Title XL / Chapter 433 / Section 433.904
433.904 Requirements for purchase of restricted metals by secondary metals recycler -- Cash transactions prohibited -- Payment to be made by check -- Daily reports to sheriff and police -- Confidentiality of information -- Proof of ownership of restricted metals -- Applicability
Status: in_force

433.904 Requirements for purchase of restricted metals by secondary metals

recycler -- Cash transactions prohibited -- Payment to be made by check --

Daily reports to sheriff and police -- Confidentiality of information -- Proof of

ownership of restricted metals -- Applicability.

(1) (a) A secondary metals recycler shall not enter into any cash transaction for the

purchase of any restricted metals as defined in KRS 433.900.

(b) Payment by a secondary metals recycler for the purchase of restricted metals

shall be made by check issued to the seller and payable to the seller.

(c) Each check for payment shall be mailed by the secondary metals recycler

directly to the street address of the seller. Payment shall not be mailed to a

post office box.

(d) Each check shall be mailed by the secondary metals recycler to the seller no

sooner than one (1) day after the purchase transaction.

(2) At the close of each business day, a secondary metals recycler shall make a report

describing any purchases of restricted metals as defined in KRS 433.900, in digital

format, in writing, or by other electronic means to:

(a) The sheriff of the county in which the purchase transaction was made by a

secondary metals recycler and the sheriff of the county where the secondary

metals recycler is located; and

(b) The police department of the city, county, charter county government, urban-

county government, consolidated local government, or unified local

government in which the purchase transaction was made and the police

department of the city, county, charter county government, urban-county

government, consolidated local government, or unified local government in

which the secondary metals recycler is located.

The information required by this subsection shall remain confidential, and this

information shall include the following disclosure: "This information is for the

designated recipient only and may contain privileged, proprietary, or otherwise

private information. If you are not the intended recipient of this information, you are

hereby notified that any use, distribution, copying, or disclosure of this

communication is strictly prohibited. If you have received this information in error,

please notify the sender and purge the communication immediately."

(3) A secondary metals recycler shall not purchase any restricted metals without

obtaining reasonable proof that the seller owns the property, such as a receipt or bill

of sale, or reasonable proof that the seller is an employee, agent, or contractor of a

governmental entity, utility company, cemetery, railroad, manufacturer, or other

person, business, or entity owning the property and that the seller is authorized to

sell the item of restricted metal. A secondary metals recycler may retain on file an

official document on the letterhead of the person, business, or entity indicating that

the seller is authorized to sell the restricted metal item. Such a letter must be dated

within three hundred sixty-five (365) days of the transaction.

(4) The requirements for the purchase of restricted metals according to the provisions

of subsections (1) and (2) of this section shall also apply to the purchase of copper

wire or coaxial cable belonging to a utility or cable provider, such as

communication, transmission, distribution, or service wire, by a secondary metals

recycler.

(5) The provisions of subsections (1) and (3) of this section shall not apply to

nonreturnable used beverage containers.

(6) The provisions of this section shall not apply to the following:

(a) The purchase of restricted metals from a secondary metals recycler;

(b) The purchase of restricted metals from an organization, corporation, or

association registered with the Commonwealth as a charitable, philanthropic,

religious, fraternal, civic, patriotic, social, or school-sponsored organization;

(c) The purchase of restricted metals pursuant to a written contract, from a

manufacturing, industrial, or other commercial vendor that generates restricted

metals in the ordinary course of business; or

(d) A motor vehicle, aircraft, or other item that is licensed by the state or federal

government pursuant to a legitimate transfer of title or issuance of a junk title.