Wis. Stat. § 134.405 — WI Code / Chapter 134 / Section 134.405
Section 134.405
Status: in_force

1. If the seller of nonferrous scrap, metal articles, or proprietary articles is an individual, at the time of the sale, the seller provides to the scrap dealer the seller’s motor vehicle operator’s license, tribal identification card, as defined in s. 134.695 (1) (cm) , or other government-issued, current photographic identification that includes the seller’s full name, current address, date of birth, and recognized identification number. If the seller is not an individual, at the time of the sale, the individual who delivers the seller’s nonferrous scrap, metal articles, or proprietary articles provides to the dealer the deliverer’s motor vehicle operator’s license, tribal identification card, as defined in s. 134.695 (1) (cm) , or other government-issued, current photographic identification that includes the deliverer’s full name, current address, date of birth, and recognized identification number.

2. The scrap dealer records and maintains at the scrap dealer’s place of business the seller’s or deliverer’s identification information described in subd. 1. , the time and date of the purchase, the number and state of issuance of the license plate on the seller’s or deliverer’s vehicle, and a description of the items received, including all of the following:

a. The weight of the scrap or articles.

b. A description of the scrap or articles that is consistent with guidelines promulgated by a national recycling industry trade organization. This subd. 2. b. does not apply to plastic bulk merchandise containers.

4. With respect to a purchase of nonferrous scrap or a metal article the scrap dealer obtains the seller’s signed declaration that the seller is the owner of the items being sold.

5. With respect to a purchase of a proprietary article, one of the following applies:

a. The scrap dealer receives from the seller documentation, such as a bill of sale, receipt, letter of authorization, or similar evidence, that establishes that the seller lawfully possesses the proprietary article.

b. The scrap dealer documents that the scrap dealer has made a diligent inquiry into whether the person selling the proprietary article has a legal right to do so, and, not later than one business day after purchasing the proprietary article, submits a report to a local law enforcement department describing the proprietary article and submits a copy of the seller’s or deliverer’s identifying information under subd. 1.

(b) This subsection does not apply to purchases of nonferrous scrap, metal articles, or proprietary articles by a scrap dealer from a commercial account, if the scrap dealer creates and maintains a record of its purchases from the commercial account that includes all of the following:

1. The full name of the commercial account.

2. The business address and telephone number of the commercial account.

3. The name of a contact person at the commercial account who is responsible for the sale of nonferrous scrap, metal articles, or proprietary articles to the scrap dealer.

4. The time, date, and value of each of the scrap dealer’s purchases from the commercial account.

5. A description of the predominant types of nonferrous scrap, metal articles, or proprietary articles the scrap dealer has purchased from the commercial account.

(c) Except as provided under sub. (4) , a scrap dealer may disclose personally identifiable information recorded or maintained under this subsection only to a successor in interest to the scrap dealer, including a successor in interest that arises as a result of a merger, sale, assignment, restructuring, or change of control.

(4) Other provisions.

(a) A scrap dealer shall make the records required under sub. (3) (a) 2. to 5. and (b) available to a law enforcement officer who presents the agent’s credentials at the scrap dealer’s place of business during business hours.

(b) A scrap dealer shall maintain the records required under sub. (3) (a) 2. , 4. , and 5. and (b) 4. and 5. for not less than 2 years after recording it. A scrap dealer shall maintain the records required under sub. (3) (b) 1. to 3. regarding a commercial account for not less than 2 years after the dealer’s most recent transaction with the commercial account.

(c) A law enforcement officer of a city, village, town, or county in which a scrap dealer conducts business may request that all scrap dealers in the city, village, town, or county furnish reports of all purchases of nonferrous scrap, metal articles, and proprietary articles. A scrap dealer shall comply with a request under this paragraph by submitting to the requesting law enforcement officer a report of each purchase of nonferrous scrap, metal articles, and proprietary articles not later than the business day following the purchase, including each seller’s or deliverer’s name, date of birth, identification number, and address, and the number and state of issuance of the license plate on each seller’s or deliverer’s vehicle.

(d) Notwithstanding s. 19.35 (1) , a law enforcement officer or agency that receives a record under par. (a) or a report under par. (c) may disclose it only to another law enforcement officer or agency.

(5) Penalties.

(ad) A scrap dealer who knowingly violates this section and who has not knowingly committed a previous violation of this section is subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

(ah) A scrap dealer who knowingly violates this section and who has knowingly committed one previous violation of this section is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

(ap) A scrap dealer who knowingly violates this section and who has knowingly committed more than one previous violation of this section is guilty of a Class I felony.

(b) Each day on which a scrap dealer knowingly violates this section constitutes a separate violation.

(6) Ordinance.

(a) A county, town, city, or village may enact an ordinance governing the sale and purchase of scrap metal or the sale of bulk plastic merchandise containers to scrap plastic dealers if the ordinance is not more stringent than this section, except that a 1st class city may enact an ordinance that is more stringent than this section.

(b) Notwithstanding par. (a) , a city, village, town, or county may enact an ordinance that requires scrap dealers to submit reports to a law enforcement officer under sub. (4) (c) in an electronic format.

History: 2007 a. 64 ; 2009 a. 180 ; 2011 a. 194 ; 2013 a. 165 s. 115 ; 2015 a. 55 ; 2017 a. 170 , 226 ; 2021 a. 189 .