§ 62-9-104 — Taking of thumbprint impression - Scrap metal transaction records - Due diligence - Payment procedures - Vouchers - Dealer fees for administrative costs - Age restriction on sellers

Tennessee § 62-9-104

• Jurisdiction: Tennessee
• Title: 62

Text

(a) Upon copying and recording the photo or other required identification and the information contained on the identification 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 (a) must be clear and complete and contain no smears or smudges. A thumb or fingerprint taken pursuant to this subsection (a) shall be maintained by the dealer for a period of three (3) years from the date of the scrap metal sale. (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 the 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 seller, 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. The 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 (c)(2), 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. (2) (A) 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 (c)(2). (B) (i) If the person selling scrap metal specified in this subdivision (c)(2) is selling as an agent or employee of a business, payment for the 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 (c)(2)(B)(i), a business that sells the type of scrap metal specified in this subdivision (c)(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. (C) (i) If the person selling scrap metal specified in this subdivision (c)(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. (ii) (a) 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 seller did not produce a driver license with a physical address on it, payment shall be by voucher. (b) 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 the expiration date. The dealer shall have one (1) year from the date of the voucher's 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. (iii) If the seller elects payment by voucher, or if payment must be by voucher, the dealer shall give the seller a voucher for the amount of metal purchased. The voucher shall include the same information required under subdivision (b)(2) and the date on which the voucher can be redeemed. The voucher may only be redeemed by the person whose name appears on the voucher as the seller or by the person's heirs or legal representative. No voucher may be redeemed by the voucher holder or the holder's heirs or legal representative sooner than five (5) days from the date of the scrap metal transaction. (3) The department shall, by rule, establish a reasonable fee a dealer may charge the person selling the scrap metal for the dealer's administrative costs of processing and issuing any check required by this part. The fee may vary according to the dollar value of the purchase or the weight of the purchase, but shall, in no event, exceed five dollars ($5.00) per check. (4) No dealer shall purchase or receive, or otherwise acquire, any scrap metal from a person under eighteen (18) years of age, whether the metal is acquired directly from, through or by the aid of the minor.

Legislative History

Acts 2008 , ch. 690, § 1.