Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 44 - SCRAP METAL DEALERS (§§ 17-44-101 — 17-44-109) › Section 17-44-102 - Records required - Definition

(a)
As used in this section, "reasonable, written documentation" means a written document that includes the following information provided by the seller of the scrap metal to the scrap metal recycler:
(1)
The name of the entity or individual from whom the seller acquired the scrap metal;
(2)
The date the seller acquired the scrap metal;
(3)
The physical address from where the seller acquired the scrap metal;
(4)
An affirmation or certification from the seller in the written document that he or she is the owner of the scrap metal or is the employer, agent, licensed contractor, licensed HVACR, plumber, electrician, or other person authorized to sell the scrap metal on behalf of the owner; and
(5)
An affirmation or certification from the seller in the written document that he or she has not pleaded guilty or nolo contendere to or been found guilty of theft, burglary, or vandalism when the offense involved scrap metal.
(b)
A seller shall not sell and a scrap metal recycler shall not purchase scrap metal unless reasonable, written documentation is provided that the seller is the owner of the scrap metal or is an employee, agent, or other person authorized to sell the scrap metal on behalf of the owner.
(c)
(1)
Each scrap metal recycler doing business in the State of Arkansas shall maintain an accurate and legible record of each scrap metal purchase transaction.
(2)
Individual records shall not be required for a series of scrap metal purchase transactions made under a contract.
(3)
The data required under subdivision (d)(1) of this section may be maintained for repeat sellers in a relational database allowing the scrap metal recycler to record the information one (1) time and relate future purchase records to that information.
(4)
A municipality or county may require by ordinance electronic or digital records and reporting methods.
(d)
The record of each scrap metal purchase transaction shall contain the following information taken at the time of sale and kept on record:
(1)
The name, address, gender, birth date, and identifying number from the seller's driver's license, military identification card, passport, or other form of government-issued photo identification;
(2)
A photocopy of the government-issued photo identification provided under subdivision (d)(1) of this section;
(3)
The date of the scrap metal purchase transaction;
(4)
The digital thumbprints of the seller;
(5)
(A)
A general description of the predominant types of scrap metal purchased.
(B)
The general description shall be made in accordance with the custom of the trade;
(6)
A general description of the configuration of the scrap metal and whether the material is insulated;
(7)
The weight, quantity, or volume, recorded in accordance with the custom of the trade, of the scrap metal purchased;
(8)
The consideration paid;
(9)
The license plate number of the vehicle used in transporting the materials to the scrap metal recycler's place of business; and
(10)
(A)
A clearly identifiable date-and-time-stamped digital photograph of:
(i)
The seller;
(ii)
The scrap metal in the form in which it was purchased; and
(iii)
A catalytic converter, if any.
(B)
The name of the person taking the photographs under this subdivision (d)(10) shall be recorded and provided with the photographs.
(e)
The photocopy required under subdivision (d)(2) of this section, the digital thumbprints required under subdivision (d)(4) of this section, and the digital photographs taken required under subdivision (d)(10)(A) of this section shall be reasonably clear.
(f)
(1)
(A)
For records required under subsections (a) and (d) of this section, a scrap metal recycler shall file a daily electronic record of scrap metal purchases made for that day.
(B)
The report shall be made daily by entering the information into an automated database which may be accessed by law enforcement statewide.
(2)
(A)
The operator of the electronic database under this section shall send a report that includes a list of all scrap metal recyclers in the county that have accessed or that have access to the database but have not filed a daily electronic record of scrap metal purchases as required by this section to:
(i)
The county sheriff every seven (7) days; and
(ii)
Any law enforcement agency that requests periodic copies of the report more frequently than every seven (7) days.
(B)
(i)
A scrap metal recycler who fails to file a daily electronic record of scrap metal purchases as required by this section shall be subject to the civil penalty provided for under §
17-44-106(a)
for the first offense.
(ii)
A second violation of the daily reporting requirement of this section is a Class A misdemeanor.
(iii)
A third or subsequent violation is a Class D felony.
(g)
The records required under this section shall be:
(1)
Kept for a period of one (1) year;
(2)
Made available to any law enforcement office of the State of Arkansas and any Arkansas municipality or county; and
(3)
Available for use in any legal proceeding.
(h)
This section does not apply to transactions:
(1)
In which a scrap metal processor purchases, transfers, or otherwise conveys scrap metal to another scrap metal processor if the purchaser or transferee obtained a bill of sale or similar document at the time of transfer;
(2)
Involving only beverage or food containers; or
(3)
Involving only ferrous metals.
Amended by Act 2021, No. 1083,§ 2, eff. 7/28/2021.
Amended by Act 2019, No. 386,§ 27, eff. 7/24/2019.
Amended by Act 2013, No. 1354,§ 7, eff. 8/16/2013.
Acts 1969, No. 148, §§ 1-3; A.S.A. 1947, §§ 71-1501.1 -- 71-1501.3; Acts 2005, No. 1994, § 399; 2007, No. 749, § 2; 2009, No. 390, § 2; 2011, No. 1193, § 2.