HB 106/LM (BR 835) - M. Denham, L. Belcher, L. Combs, R. Palumbo, T. Pullin
AN ACT relating to metals.
Create new sections of KRS Chapter 433 to require junkyards and other purchasers of ferrous and nonferrous metals and objects containing ferrous and nonferrous metals to keep records of transactions, report the transactions to law enforcement, and take other actions with regard to the purchases; establish the crime of failure to maintain a register of purchases of metals and objects containing metal; establish the crime of unlawful acts relating to the purchase or disposition of metals; establish the crime of providing fraudulent identification for the sale of metals; provide that failure to keep a register of metals purchased is prima facie evidence that the purchaser knew that the purchase was in violation of KRS 514.110, relating to receiving stolen property; create a new section of KRS Chapter 15 to provide concurrent jurisdiction for investigation and prosecution of violations of purchase-of-metals laws in the Attorney General and Commonwealth's and county attorneys; amend KRS 365.990 relating to penalties for violation of consumer protection statutes to delete reference to KRS 365.250; amend KRS 365.690 to conform; repeal KRS 365.250, relating to reporting of copper purchases.
HB 106 - AMENDMENTS
HCS/LM - Retain most original provisions; delete reference to ferrous metals and replace with reference to railroad rails; add catalytic converters and returnable metal beverage containers holding more than 2 liters of liquid to material for which records shall be kept and which are subject to act; replace name and address information and description of vehicle with copying of driver's license; retain listing license plate from motor vehicle transporting the material; add that license plate information is supplied by seller; delete signed certificate of ownership; delete provision prohibiting purchase from seller who appears to be intoxicated or under influence of drugs; make submission of daily records to law enforcement agency contingent on written request from law enforcement agency; permit records to be maintained or transmitted in digital format; delete prohibition against cash transactions; reduce from five to three business days material shall be retained in its original form; allow for digital photographs of material; require reasonable cause for peace officer to inspect material or request retention of material believed to be stolen; reduce from five to two years all record retention requirements; exempt items pawned, purchased, or sold by licensed pawnbrokers in the course of their business, purchases made under contract with commercial sellers, purchases made under contract with charitable organizations, and flea market sales from act; delete section specifying failure to keep register is prima facie evidence of knowingly receiving stolen property; require Department of Kentucky State Police to provide record forms in both paper and electronic formats; permit local governments to have ordinances which are stricter than state law but which include all of the elements of the state law.
HFA (1, J. Hoover) - Amend to specifically exempt ferrous metals, exceptions.
SCS/LM - Insert new provision prohibiting the sale of beer kegs to recyclers or dealers in scrap metals except by the originating brewery, with a $1,000 fine for a violation.
(Prefiled by the sponsor(s).)
Jan 8-introduced in House
Jan 10-to Judiciary (H)
Jan 14-posted in committee
Mar 5-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 6-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 7, 2008
Mar 12-floor amendment (1) filed to Committee Substitute
Mar 14-3rd reading, passed 91-0 with Committee Substitute, floor amendment (1)
Mar 17-received in Senate
Mar 25-to Judiciary (S); taken from committee Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 26-taken from committee Judiciary (S); 2nd reading; returned to Judiciary (S)
Mar 27-reported favorably, to Rules with Committee Substitute as a Consent Bill
Apr 2-posted for passage in the Consent Orders of the Day for April 2, 2008; 3rd reading, passed 37-0 with Committee Substitute ; received in House; to Rules (H); taken from Rules; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 93-0; enrolled, signed by each presiding officer; delivered to Governor
Apr 11-signed by Governor (Acts Ch. 83)