SB473,3,2 2134.405 Purchase and sale of scrap metal. (1) Definitions. In this section:

SB473,3,43 (a) "Commercial account" means a commercial enterprise with which a scrap
4metal dealer maintains an ongoing and documented business relationship.

SB473,3,75 (b) "Commercial enterprise" means a corporation, partnership, limited liability
6company, business operated by an individual, association, state agency, political
7subdivision, or other government or business entity, including a scrap metal dealer.

SB473,3,118 (c) "Ferrous scrap" means scrap metal, other than scrap metal described in
9pars. (d) to (f), consisting primarily of iron or steel, including large manufactured
10articles that may contain other substances to be removed and sorted during normal
11operations of scrap metal dealers.

SB473,3,1312 (d) "Metal article" means a manufactured item that consists of metal and is
13usable for its originally intended purpose without processing, repair, or alteration.

SB473,3,1514 (e) "Nonferrous scrap" means scrap metal consisting primarily of metal other
15than iron or steel, but does not include any of the following:

SB473,3,1616 1. Aluminum beverage cans.

SB473,4,1

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12. Used household items.

SB473,4,22 3. Items removed from a structure during renovation or demolition.

SB473,4,43 4. Small quantities of nonferrous metals contained in large manufactured
4items.

SB473,4,55 (f) "Proprietary article" means any of the following:

SB473,4,106 1. A metal article stamped, engraved, stenciled, or otherwise marked to
7identify the article as the property of a governmental entity, telecommunications
8provider, public utility, cable operator, as defined in s. 66.0419 (2) (b), or an entity that
9produces, transmits, delivers, or furnishes electricity, or transportation,
10shipbuilding, ship repair, mining, or manufacturing company.

SB473,4,1111 2. A copper conductor, bus bar, cable, or wire, whether stranded or solid.

SB473,4,1212 3. An aluminum conductor, cable, or wire, whether stranded or solid.

SB473,4,1313 4. A metal beer keg.

SB473,4,1414 5. A manhole cover.

SB473,4,1615 6. A metal grave marker, sculpture, plaque, or vase, if the item's appearance
16suggests the item has been obtained from a cemetery.

SB473,4,1817 7. A rail, switch component, spike, angle bar, tie plate, or bolt used to construct
18railroad track.

SB473,4,2319 (g) "Scrap metal" means a manufactured item that consists of or contains
20metal; metal removed from or obtained by cutting, demolishing, or disassembling a
21building, structure, or manufactured item; or other metal that is no longer used for
22its original purpose and that can be processed for reuse in a mill, foundry, or other
23manufacturing facility.

SB473,4,2524 (h) "Scrap metal dealer" means a person engaged in the business of buying or
25selling scrap metal.

SB473,5,3

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1(2) Purchases of ferrous scrap. A scrap metal dealer may purchase scrap
2metal other than nonferrous scrap, a metal article, or a proprietary article from any
3person over the age of 18.

SB473,5,7 4(3) Purchases of nonferrous scrap, metal articles, proprietary articles. (a)
5Subject to par. (b), a scrap metal dealer may purchase nonferrous scrap, metal
6articles, or proprietary articles from any person who is over the age of 18 if all of the
7following apply:

SB473,5,178 1. If the seller of nonferrous scrap, metal articles, or proprietary articles is an
9individual, at the time of the sale, the seller provides to the scrap metal dealer the
10seller's motor vehicle operator's license or other government-issued, current
11photographic identification that includes the seller's full name, current address, date
12of birth, and recognized identification number. If the seller is not an individual, at
13the time of the sale, the individual who delivers the seller's nonferrous scrap, metal
14articles, or property articles provides to the dealer the deliverer's motor vehicle
15operator's license or other government-issued, current photographic identification
16that includes the deliverer's full name, current address, date of birth, and recognized
17identification number.

SB473,5,2218 2. The scrap metal dealer records and maintains at the scrap metal dealer's
19place of business the seller's or deliverer's identification information described in
20subd. 1., the time and date of the purchase, the number and state of issuance of the
21license plate on the seller's or deliverer's vehicle, and a description of the items
22received, including all of the following:

SB473,5,2323 a. The weight of the scrap or articles.

SB473,6,224 b. Whether the scrap or articles consist of bars, cable, ingots, rods, tubing, wire,
25wire scraps, clamps, connectors, pipes, or other appurtenances, or some combination

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1of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps, connectors, pipes, or
2other appurtenances.

SB473,6,43 c. A description of any numbers, letters, or other identifying symbols stamped,
4engraved, stenciled or otherwise marked on the scrap or articles.

SB473,6,65 d. Whether the scrap or articles consist of a rail, switch component, spike, angle
6bar, tie plate, or bolt used to construct railroad track.

SB473,6,87 3. The scrap metal dealer obtains photographic or video images showing the
8vehicle's license plate and a view of the vehicle sufficient to identify the vehicle.

SB473,6,119 4. With respect to a purchase of nonferrous scrap or a metal article the scrap
10metal dealer obtains the seller's signed declaration that the seller is the owner of the
11items being sold.

SB473,6,1312 5. With respect to a purchase of a proprietary article, one of the following
13applies:

SB473,6,1614 a. The scrap metal dealer receives from the seller documentation, such as a bill
15of sale, receipt, letter of authorization, or similar evidence, that establishes that the
16seller lawfully possesses the proprietary article.

SB473,6,2217 b. The scrap metal dealer documents that the scrap metal dealer has made a
18diligent inquiry into whether the person selling the proprietary article has a legal
19right to do so, and, not later than one business day after purchasing the proprietary
20article, submits a report to a local law enforcement department describing the
21proprietary article and submits a copy of the seller's or deliverer's identifying
22information under subd. 1.

SB473,7,223 (b) This subsection does not apply to purchases of nonferrous scrap, metal
24articles, or proprietary articles by a scrap metal dealer from a commercial account,

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1if the scrap metal dealer creates and maintains a record of its purchases from the
2commercial account that includes all of the following:

SB473,7,33 1. The full name of the commercial account.

SB473,7,44 2. The business address and telephone number of the commercial account.

SB473,7,75 3. The full names of persons employed by the commercial account who are
6authorized to deliver nonferrous scrap, metal articles, or proprietary articles to the
7scrap metal dealer.

SB473,7,98 4. The time, date, and value of each of the scrap metal dealer's purchases from
9the commercial account.

SB473,7,1210 5. A description of the predominant types of nonferrous scrap, metal articles,
11or proprietary articles the scrap metal dealer has purchased from the commercial
12account.

SB473,7,16 13(4) Other provisions. (a) A scrap metal dealer shall make the records required
14under sub. (3) (a) 2. to 5. and (b) available to a law enforcement officer or an agent
15of a governmental entity who presents the agent's credentials at the scrap metal
16dealer's place of business during business hours.

SB473,7,2217 (b) A scrap metal dealer shall maintain the records required under sub. (3) (a)
182., 4., and 5. and (b) 3. to 5. for not less than 2 years after recording it. A scrap metal
19dealer shall maintain an image required under sub. (3) (a) 3. for not less than 3
20months after obtaining the image. A scrap metal dealer shall maintain the records
21required under sub. (3) (b) 1. and 2. regarding a commercial account for not less than
222 years after the dealer's most recent transaction with the commercial account.

SB473,8,623 (c) A law enforcement officer of a city, village, town, or county in which a scrap
24metal dealer conducts business may request that all scrap metal dealers in the city,
25village, town, or county furnish reports of all purchases of nonferrous scrap, metal

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1articles, and proprietary articles. A scrap metal dealer shall comply with a request
2under this paragraph by submitting to the requesting law enforcement officer a
3report of each purchase of nonferrous scrap, metal articles, and proprietary articles
4not later than the business day following the purchase, including each seller's or
5deliverer's name, date of birth, identification number, and address, and the number
6and state of issuance of the license plate on each seller's or deliverer's vehicle.

SB473,8,9 7(5) Penalties. (a) 1. A scrap metal dealer who knowingly violates this section
8and who has not knowingly committed a previous violation of this section is subject
9to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

SB473,8,1210 2. A scrap metal dealer who knowingly violates this section and who has
11knowingly committed one previous violation of this section is subject to a fine not to
12exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB473,8,1513 3. A scrap metal dealer who knowingly violates this section and who has
14knowingly committed more than one previous violation of this section is guilty of a
15Class I felony.

SB473,8,1716 (b) Each day on which a scrap metal dealer knowingly violates this section
17constitutes a separate violation.

SB473,8,21 18(6) Ordinance. (a) A county, town, city, or village may enact an ordinance
19governing the sale and purchase of scrap metal if the ordinance is not more stringent
20than this section, except that a 1st class city may enact an ordinance that is more
21stringent than this section.

SB473,8,2422 (b) Notwithstanding par. (a), a city, village, town, or county may enact an
23ordinance that requires scrap metal dealers to submit reports to a law enforcement
24officer under sub. (4) (c) in an electronic format.

SB473,9,4

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1895.09 Scrap metal theft; civil liability. (1) Any owner of nonferrous scrap,
2a metal article, or a proprietary article, as those terms are defined in s. 134.405 (1),
3who incurs injury or loss as a result of a violation of s. 134.405 or s. 943.20 may bring
4a civil action against the person who committed the violation.

SB473,9,6 5(2) If the person who incurs the loss prevails against a person who committed
6the violation, the court shall grant the prevailing party all of the following:

SB473,9,77 (a) Actual damages.

SB473,9,98 (b) Any lost profits that are attributable to the violation and that were not taken
9into account in determining the amount of actual damages under par. (a).

SB473,9,1110 (c) Notwithstanding the limitations under s. 799.25 or 814.04, costs,
11disbursements, and reasonable attorney fees.

SB473,9,14 12(3) If the court finds that the violation was committed for the purpose of
13commercial advantage, the court may award punitive damages to the person who
14incurs the loss.

SB473,9,16 15(4) Any awards provided under sub. (2) (a) or (b) shall be reduced by the amount
16of any restitution collected for the same act under s. 800.093 or 973.20.

SB473,9,18 17(5) The person who incurs the loss has the burden of proving by the
18preponderance of the evidence that a violation of s. 134.405 or 943.20 occurred.

SB473,9,2520 943.20 (2) (d) "Value" Except as otherwise provided in this paragraph, "value"
21means the market value at the time of the theft or the cost to the victim of replacing
22the property within a reasonable time after the theft, whichever is less, but if. If the
23property stolen is a document evidencing a chose in action or other intangible right,
24value "value" means either the market value of the chose in action or other right or
25the intrinsic value of the document, whichever is greater. If the property stolen is

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1scrap metal, as defined in s. 134.405 (1) (f), "value" also includes any costs that would
2be incurred in repairing or replacing any property damaged in the theft or removal
3of the scrap metal. If the thief gave consideration for, or had a legal interest in, the
4stolen property, the amount of such consideration or value of such interest shall be
5deducted from the total value of the property.