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SENATE BILL 2400 By Kyle AN ACT to amend Tennessee Code Annotated, Title 39, SB2400
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SENATE BILL 2400
By Kyle

AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 14; Title 40, Chapter 35 and Title 62,
Chapter 9, relative to scrap metal, scrap metal
dealers, theft, and criminal trespass.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 62, Chapter 9, is amended by deleting
the chapter in its entirety and substituting instead the following:

Section 62-9-101. As used in this chapter, unless the context otherwise requires:

(1) Department means the department of commerce and insurance
unless otherwise specified;

(2) Licensed HVAC Contractor means a person holding a license from
the state board for licensing contractors with a CMC, MC, CMC-C, or MC-C
classification;

(3) "Scrap metal" means any ferrous or nonferrous metal that is no longer
used for its original purpose and is capable of being processed for reuse by a
metal recycling facility, including, but not limited to, iron, brass, wire, cable,
copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic
converters, or other similar obsolete ferrous or nonferrous metals, but shall not
include recyclable aluminum cans; and

(4) " Scrap metal dealer" means a person who buys, exchanges, or deals
in scrap metal, or an employee or agent of that dealer who has the express or
implied authority to buy, exchange or deal in scrap metal on behalf of the dealer.

Section 62-9-102.

(a) Effective October 1, 2008, no scrap metal dealer shall purchase, deal
or otherwise engage in the scrap metal business unless the dealer is registered



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with the department of commerce and insurance. All registrations hereunder
shall expire two (2) years from the date of the registration or the renewal thereof.
The commissioner of the department may promulgate and adopt such rules and
regulations as are reasonably necessary to carry out the provisions of this
chapter. The commissioner shall establish such registration and renewal fees as
are adequate to cover the administrative costs associated with the registration
program.

(b) Included on each registration and renewal form shall be a section
whereby the registrant must declare, under penalty of perjury pursuant to § 39-
16-702(a)(3), whether such registrant has ever been convicted of a violation of
this chapter or convicted of the criminal offense of theft, burglary or vandalism,
where such offense involves scrap metal.

(c) An applicant who has been convicted of a violation of this chapter or
has a conviction for the criminal offense of theft, burglary or vandalism, where
such offense involves scrap metal, shall be prohibited from registering under this
chapter for five (5) years from the date of conviction.

Section 62-9-103.

(a) Except as provided in subsection (b)(2), no scrap metal dealer may
purchase or otherwise acquire scrap metal from a person unless that person
presents a state or federally issued photo identification card that appears valid on
its face to the dealer, and provides a thumbprint as provided in § 62-9-104.

(b)

(1) If a valid state or federally issued photo identification card is
presented, the scrap metal dealer shall record the name, sex, height, date
of birth, residence address and the photo identification card number of the



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person selling the scrap metal; photocopy the photo identification card
presented, and maintain this information as part of the transaction record.
The scrap metal dealer shall also record the license plate number and
make and model of the motor vehicle the seller is driving. If the vehicle is
a commercial vehicle, the buyer shall record the name of the business
owning or leasing the vehicle.

(2) If the person presenting the scrap metal for sale does not
have a state or federally issued photo identification card, the dealer shall
require the buyer to present some form of state or federally issued
identification, photograph the person and record the information
contained on the identification card prior to the transaction being made.
Even if a photograph of the buyer is taken, the dealer is prohibited from
making the transaction if the buyer does not have, or refuses to present,
the required identification.

Section 62-9-104.

(a) Upon copying and recording the photo or other required identification,
and the information contained thereon, of the person proposing to sell scrap
metal as required in § 62-9-103, the dealer shall also require the person to
provide a right thumbprint impression. However, if taking the right thumbprint is
not possible, the dealer shall take a fingerprint from the left thumb or another
finger and shall identify on the transaction sheet which finger has been used. A
thumb or fingerprint taken pursuant to this subsection must be clear and
complete and contain no smears or smudges. A thumb or fingerprint taken
pursuant to this subsection shall be maintained by the dealer for a period of three
(3) years from the date of the scrap metal sale.



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(b)

(1) Before purchasing scrap metal from a person, the dealer shall
conduct a reasonably diligent inquiry, based upon the seller, type and
quantity of metal offered for sale and other circumstances surrounding the
transaction, to determine whether the person selling or delivering the
scrap metal has a legal right to do so and whether a lawful transaction
may be made. If the person presents a bill of sale, receipt or other
document indicating that the person is in lawful possession of the scrap
metal, or it was otherwise lawfully acquired, the dealer shall photocopy
such document and maintain it with the transaction information otherwise
required by this section.

(2) In addition to identifying information required to be maintained
by a dealer pursuant to § 62-9-103, the dealer shall also maintain
transaction records of each purchase by date of purchase, name of
purchaser, the amount paid for the scrap metal and the weight of each
kind of scrap metal. A detailed description of the metal being purchased
shall also be maintained using the uniform terminology developed by the
department. Such entries shall be made in chronological order of sale
from day to day, as the business is transacted.

(c)

(1) Except as provided in subdivision (2) of this subsection, if it
appears that the person is in lawful possession of the scrap metal and
buying or otherwise receiving the metal from the seller would not violate
this chapter, payment may take place by any method, on site, and at the
time of the transaction.



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(2) If the person is offering for sale scrap metal that in whole or in
part consists of copper or an unattached catalytic converter, the
transaction must occur in accordance with this subdivision.

(A)

(i) If the person selling scrap metal specified in
subdivision (2) is selling as an agent or employee of a
business, payment for such metal shall be made only by
check or money order, mailed to the business address of
the business for whom the employee or agent is employed,
and the payee on the check shall be the name of the
business.

(ii) Notwithstanding subdivision (i), a business that
sells the type of scrap metal specified in subdivision (2) on
a regular or frequent basis may annually preregister with a
scrap metal dealer a list of employees who are authorized
to sell on behalf of the business. A scrap metal dealer may
pay an authorized, preregistered employee by any method,
on site, and at the time of the transaction.

(B) If the person selling scrap metal specified in
subdivision (2) is not an employee or agent of a business,
payment for the scrap metal shall be by check, money order or
voucher, at the option of the seller.

(i) If the seller elects payment by check or money
order, it shall be mailed to the physical address provided
on the driver license the seller used for identification. If the



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seller did not produce a driver license with a physical
address on it, payment shall be by voucher.

If a voucher is not redeemed by an authorized
person within six (6) months of the date of the transaction,
the voucher expires and may no longer be honored by the
dealer after such expiration date. The dealer shall have
one (1) year from the date of the vouchers expiration to
transmit the transaction amount to the department for use
in the administration of this chapter. Unredeemed voucher
funds may be transmitted to the department in the same
manner as dealer registration and renewal fees.

(ii) If the seller