PA 07-121—HB 7239

Judiciary Committee

Planning and Development Committee

Transportation Committee

AN ACT CONCERNING SCRAP METAL PROCESSORS

SUMMARY: This act, with some exceptions, subjects scrap metal processors to the laws that apply to junk dealers, including record keeping for property they receive and municipal licensing. By law, a junk dealer is someone in the business of dealing and trading in junk, old metal, scrap, rags, waste, paper, or other secondhand articles. By law, anyone illegally engaging in the junk dealer business is subject to a sentence of up to three months in prison, a fine of up to $50, or both.

The law requires junk dealers to (1) keep a record book that describes property they receive, when they receive it, and who they receive it from; (2) make weekly sworn statements of transactions; and (3) keep goods for at least five days after filing the statement. The act only requires a scrap metal processor to separate scrap metal it receives from other material on its property and hold it for five days if it is wire used for transmitting telecommunications or data.

The act also requires the scrap metal processor to take a picture of a motor vehicle delivering scrap metal and imposes different documentation requirements when receiving wire that could be used for transmitting telecommunications or data.

EFFECTIVE DATE: October 1, 2007

PROPERTY RECEIVED

By law, a junk dealer's record book, property, and place of business can be examined at any time by town officials. Dealers must make weekly sworn statements of transactions to the chief of police or town clerk (depending on the circumstances) describing the goods received and the person from whom the dealer received them. Dealers must keep goods for at least five days after filing the statement. These provisions do not apply to motor vehicle dealers or dealers in antique household furniture, china, or glassware (CGS 21-9 et seq. ).

The act provides that a scrap metal processor is not required to separate scrap metal it receives from other material on its property and is not required to hold it for five days unless it is wire for transmitting telecommunications or data. The requirement regarding wire does not apply if it is bought from someone (1) registered as a business that demolishes buildings or (2) who has already separated the wire as required by the act's provisions or those regarding junk dealers, and provides a written statement affirming it.

The act requires a scrap metal processor who receives a load of scrap metal to take a picture of the motor vehicle delivering it. It must show the license plate and the load of scrap metal. On receiving wire that could be used for transmitting telecommunications or data, the act requires the scrap metal processor to (1) copy the person's registration, (2) record a description of the material received, and (3) record where the material came from.

The act requires a scrap metal processor to maintain the required documents and pictures in good condition for at least two years. They must be open to inspection by law enforcement officials during normal business hours.

JUNK DEALERS, LICENSING, AND ORDINANCES

By law, a town can make reasonable ordinances on licensing junk dealers, including imposing a license fee of $2 to $10 for each team or vehicle. Junk dealers must register with the Department of Motor Vehicles and show their registration certificate when applying for a town license. Town ordinances can regulate the establishment, location, or conduct of a junk yard unless the town has a zoning and planning commission or a special act provides otherwise.

By law, anyone in the business of dealing and trading in secondhand bicycles, junk, metals, or other secondhand articles must apply for a license to conduct business in a town. Towns set licensing fees between $2 and $10, with a $10 annual renewal fee. Licenses may be revoked for cause.

BACKGROUND

Scrap Metal Processors

By law, a scrap metal processor includes any place of business and place of deposit that (1) has facilities for preparing and processing iron, steel, and nonferrous metals into a form suitable for remelting by a foundry, steel mill, or other remelter; (2) does not buy or receive motor vehicles except from licensed motor vehicle recyclers, public agencies, or certain intermediate processors; and (3) does not sell automobile parts for reuse as parts.

A processor is considered a motor vehicle recycler's business or motor vehicle recycler's yard if motor vehicle junk is retained on the premises for over 30 days without being processed into a suitable form for remelting (CGS 14-67w). Motor vehicle recycler businesses and yards are subject to laws on licensing, location, and record keeping (CGS 14-67g et seq. ).

Scrap metal processors receiving motor vehicles must obtain, keep, and have open to inspection certain information about the vehicle and the person they receive it from. These provisions do not apply to a licensed motor vehicle recycler's business or motor vehicle recycler's yard that is delivering a motor vehicle that has been dismantled, crushed, or conditioned for scrap metal processing to a scrap metal processor (CGS 14-67w).

OLR Tracking: CR: KM: PF: TS