HOUSE DOCKET, NO. 3350        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3226

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Steven M. Walsh and Robert F. Fennell

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to scrap metal dealers.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Steven M. Walsh

11th Essex

1/21/2011

Robert F. Fennell

10th Essex

2/3/2011

Byron Rushing

9th Suffolk

2/4/2011


HOUSE DOCKET, NO. 3350        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3226

By Messrs. Walsh of Lynn and Fennell of Lynn,  a petition (accompanied by bill, House, No. 3226) of Steven M. Walsh, Robert F. Fennell and Byron Rushing relative to scrap metal dealers.  Consumer Protection and Professional Licensure.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to scrap metal dealers.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 140 of the General Laws, as appearing in the Official 2008 Edition, is hereby amended by inserting after section 54A the following section:-

  Section 54B.   Applies to any activity licensed under Sections 54 and 54A

A dealer licensed under section 54 shall comply with the following procedures when purchasing any metal product. Excluding metal recyclers or metal refiners who purchase used, spent or encapsulated metals by means of a purchase order and invoicing.

(a) The Dealer shall keep a daily transaction log an account and description of all materials purchased (i.e. copper wire, copper tubing, aluminum windows, etc.), the quantity purchased (i.e. pounds, tons etc.) the material grade (i.e. # 1 copper, etc.) and any unique distinguishing characteristic observed, if any, along with the name and residence of the person selling the metal. The record file shall be retained by the Dealer for a period of one (1) year from the date of the transaction. Accompanying documentation may be destroyed following the one year period. If documentation is stored electronically said documents must be stored or backed-up by any current electronic means and may be deleted at the completion of the one year period.

                (b) The Dealer shall ascertain the identity of the seller of the metal s by requiring him to produce a Massachusetts photo identification, and maintaining a copy of the same in the record of transaction.

                      (c)  During the one year period, the log shall be open for inspection by the state and local police.

                      (d) Failure to comply with the above procedures shall be cause for the revocation of the dealer’s license.