Please Note: Amendments by 2015 Arkansas SB 459, effective 90 days after the session adjourns, are included and noted in this summary.
"Scrap Metal" means bits and pieces of metal parts that may be combined together with bolts or soldering and can be recycled when worn or superfluous.
"Nonferrous Metal" means a metal that does not contain significant quantities of iron or steel, including without limitation the following metals and their alloys: copper; brass;aluminum; bronze; lead; zinc; and nickel.
"Scrap Metal Recycler" means any person that purchases Scrap Metal, but does not include a person that only buys in quantities of 5,000 lbs. or more.
"Scrap Metal Processor" means a person that, from a fixed location, engages in the business of using machinery or equipment for the processing or manufacturing of iron, steel, or Nonferrous Metal scrap;
"Seller" means any person that receives in a transaction monetary consideration from a Recycler in exchange for Nonferrous Metal, iron, or steel, but does not include a person that sells Scrap Metal generated in a manufacturing or production process and sold to a Recycler under a contract or an agreement.
(amended by SB 459) As used in Section 5-36-123 and Section 5-36-124:
The Recordkeeping and Reporting provisions exempt transactions:
The Theft Notification provision exempts transactions involving only beverage containers.
A Recycler's must keep two types of records: the "Reasonable, Written Documentation of Ownership" by the Seller; and Transaction Records. Records must be in paper, electronic,or another method of storing information.
A Seller shall not sell and a Recycler shall not purchase Scrap Metal unless the Seller provides "reasonable, written documentation" that the Seller is the owner or is authorized to sell on the owner's behalf. The documentation must include the following information:
Is the owner of the Scrap Metal or is the employer, agent, licensed contractor,licensed HVACR, plumber, electrician, or other person authorized to sell on behalf of the owner; and
Has not pleaded guilty or nolo contendere to or been found guilty of theft,burglary, or vandalism involving Scrap Metal.
Recyclers must record the following for each Scrap Metal transaction, except that individual records are not required for a series of transactions made under a contract.Information for repeat Sellers may be saved and referred to for future transactions.
A Recycler may not purchase Scrap Metal claimed by a minor unless accompanied by a parent or guardian. The Recycler must record a written statement that the transaction is taking place with the parent or guardian's full knowledge and consent.
Records must be retained for 1 year. A written statement of consent by a parent or guardian to a purchase from a minor must be retained for 3 years.
Records and statements of parental consent must be made available to any State, municipal, or county law enforcement officer and for use in any legal proceeding.
A Recycler must file a daily electronic report of Scrap Metal purchases, consisting of the"reasonable, written documentation" and transaction record. The information must be entered into an automated database which may be accessed by law enforcement.Municipalities may require electronic records and reporting by ordinance.
The database operator shall send a report every 7 days to the county sheriffs and to any law enforcement agency that requests periodic copies more frequently than 7 days. The report shall list all Recyclers in the country that have accessed or have access to the database but have not filed a daily report as required.
Any person may notify a Recycler of a known or presumed theft of Nonferrous Metal, with the notice setting forth any available information including the following:
If metal meeting the description is purchased by or offered for sale to the Recycler within 90 days of a notice, then the Recycler must notify law enforcement of the purchase or offer.
A Recycler must be licensed by the county sheriff. Licenses are valid for 1 year, with an initial fee of $250 and a renewal fee of $25 (fees do not apply to not-for-profit dealers or recyclers), usable for the sheriff's general operating expenses. An applicant must:
A person convicted of Theft of Scrap Metal is forever prohibited from selling Scrap Metal.
Violations of the law are subject to civil penalties of up to $1000 per violation, except that:
A Recycler's license may be suspended or revoked by a court with jurisdiction for failure to comply with the License provision.
(italicized text added by SB 459) A person commits Theft of Scrap Metal (Section 5-36-123) if the person commits, aids, or is an accomplice to a theft of property involving Scrap Metal. Theft of Scrap Metal is a:
Class B felony if
Class C felony if:
Class D felony if:
Class A misdemeanor if:
The penalty is enhanced so that there is a mandatory fine of $5,000 to $50,000 and the offense is a Class D felony if it otherwise would have been a Class A misdemeanor if, upon proclamation of a state of emergency and for a period of 30 days following, the property is:
Upon conviction, the classification and penalty range is increased one step if:
A person commits Theft by Receiving of Scrap Metal (Section 5-36-124) if the person receives,retains, purchases, or disposes of Scrap Metal if the person knows or should have known the Scrap Metal was stolen, punishable as a:
A Class D felony if:
The following crimes are subject to an additional 5 years imprisonment if the stolen or damaged property involves Nonferrous Metals:
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This summary of State Metals Theft Laws is being viewed on this website under license and is owned and copyrighted by Institute of Scrap Recycling Industries, Inc. ("ISRI"),1615 L Street, N.W., Suite 600, Washington, DC 20036.