Metal Objects, as used in this summary, refers to the following as listed in Section 433.890:
"Nonferrous Metals" means metal not containing significant quantities of iron, including but not limited to copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof.
"Ferrous Metals" means any metal containing significant quantities of iron or steel.
"Restricted metals" means any of the following metal items:
Copper Wire or Coaxial Cable belonging to a utility or cable provider, such as communication, transmission, distribution, or service wire shall also be included as "Restricted Metal" for the Payment Restrictions and Reporting provisions, but not the Proof of Ownership - Restricted Metals provision.
"Secondary Metals Recycler" (referred to as Recycler in this summary) means:
"Secondary metals recycler" shall not include a municipal solid waste department or any entity which has been issued a municipal solid waste transporter license by the Kentucky Transportation Cabinet and which gathers or obtains ferrous or nonferrous metals in a vehicle registered in Kentucky to transport solid waste.
Metal Objects provisions shall not apply to the purchase, sale, or transfer of:
Nonreturnable used beverage containers are exempt from the Payment Restrictions and Proof of Ownership - Restricted Metal provisions.
Restricted Metal provisions shall not apply to the following:
A Recycler shall keep a record in hard copy, digital, or electronic format of transactions involving Metal Objects with the following:
• If smelted, burned, or melted:
For purchases of Restricted Metals, a Recycler must also obtain one of the following:
No purchase of Metal Objects from a person who is less than 18 years old.
A Recycler must retain Metal Object transaction records for 2 years, after which time the material may be retained, destroyed in a manner that protects the identity of the owner of the property and seller of the property, or transferred to a law enforcement agency specified in the Reporting provision. If the Recycler ceases business they shall transfer all records to such a law enforcement agency. Law enforcement agencies receiving Metal Object transaction records shall follow the same retention and destruction guidelines.
During business hours a Recycler shall permit any peace officer to inspect the records, and if the officer deems it necessary to locate specific stolen property, any Metal Object received.
Upon written request of the sheriff or chief of police, as appropriate, a Recycler shall report Metal Object transaction records in person, in digital format, in writing, or by electronic means within 24 hours of the transaction to all of the following that apply:
Metal Object Reports shall be sent until a written notice to cease sending the reports is received. A request may relate to:
For Restricted Metal, A Recycler shall automatically make a report at the end of each business day in digital format, in writing, or by electronic means to any of the law enforcement agencies specified in the Reporting - Metal Objects provision that apply. The Restricted Metal report 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."
Recyclers must retain a Metal Object in its original form or a photograph or digital image of the property for 3 business days from the date of purchase. Upon giving notice to the Recycler, a peace officer with reasonable cause to believe a Metal Object may be stolen may seize the Metal Object as evidence or extend the hold period for an additional 30 days.
No cash transactions for Restricted Metals. Payment shall be by check mailed by the Recycler no sooner than 1 day after the purchase transaction directly to the street address of the Seller, issued to and payable to the Seller. Payment shall not be mailed to a Post Office box.
Recyclers shall maintain at their place of business or have immediate access to an email address, facsimile, or other equipment on which notifications of stolen Restricted, Ferrous, or Nonferrous Metals may be expeditiously received from law enforcement officials or electronic metal theft notification systems. The equipment shall be operable at all times during the Recycler's customary business hours. A Recycler shall notify the Office within 2 days of any change of contact information used for stolen metals notifications.
A Recycler's certificate of registration shall be conspicuously displayed at the location listed on the application, or at each business location if the Recycler owns more than one. Recyclers shall submit to a name-based background check and obtain a certificate of registration for each Secondary Metals Recycling location from the Office of Occupations and Professions of the Public Protection Cabinet. The application shall contain:
Applicants must be at least 18 years old; corporations and other such entities must be organized and qualified to do business in Kentucky. Application and renewal fees shall equal the actual administrative processing costs. Applicants must also provide written authorization to the State Police Department to perform a name-based background check on each applicant and release the results to the Office; the State Police may charge the applicant a fee equal to actual costs for processing the request. The Office shall not register applicants who have been convicted of or entered a plea of guilty, nolo contendere, or an Alford plea, to a felony involving: theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, or obtaining property by false pretenses, any felony drug offense, or knowingly and intentionally violating the Kentucky laws relating to registration as a secondary metals recycler.
A list of registered Recyclers shall be public information and available upon written request to the Office. The Office shall promulgate administrative regulations, but shall not be responsible for any disciplinary action against Recyclers seeking an application.
A person is guilty of "failure to maintain a register of metals and objects containing metal" if they fail or refuse to abide by the Recordkeeping, Retention and Destruction, Inspection, or Reporting provisions as they apply to Metal Objects, and is subject to up to a $100 fine and/or 30 days imprisonment in the county jail.
A person is guilty of "unlawful acts relating to the purchase or disposition of metals" if they violate any provisions that apply to Metal Objects other than the Recordkeeping provisions, and is subject to up to a $100 fine and/or 30 days imprisonment in the county jail.
A person is guilty of "providing fraudulent identification for the sale of metals" and commits a Class A Misdemeanor if they provide any false, fraudulent, altered, or counterfeit information or documentation required by the Recordkeeping - Metal Objects provision.
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