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2011 SESSION
11100015DBe it enacted by the General Assembly of Virginia:
1. That §§ 59.1-117, 59.1-118, 59.1-119, 59.1-120 through 59.1-123, and 59.1-125 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 9 of Title 59.1 a section numbered 59.1-116.1 as follows:
§ 59.1-116.1. Definitions.
As used in this article, unless the context requires a different meaning:
"Authorized scrap metal processor" has the same meaning as provided for the term "scrap metal processor" in § 59.1-136.1.
"Authorized scrap seller" means any licensed plumber, electrical contractor, HVAC contractor, or building and construction contractor.
"Building material" means any secondhand heating or plumbing fixture or supplies, electric fixtures, or any wiring, gas fixtures or appliances, water faucets, pipes, locks, or any other secondhand fixtures of any kind or description used in the construction of a building.
"Junk dealer" means a person who regularly engages in the business of purchasing, acquiring, or canvassing secondhand building material, including all nonferrous scrap metal, proprietary articles, or both, for the purpose of resale and has conducted transactions involving, or has offered for sale, more than 600 pounds combined weight of secondhand building material more than 26 times annually. "Junk dealer" does not include a "scrap metal processor" as defined in § 59.1-136.1.
"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, or other private commercial entity.
"Regularly engaged" with respect to purchasing or acquiring secondhand building material means having conducted transactions involving, or having offered for sale, more than 600 pounds combined weight of secondhand building material more than 26 times annually.
§ 59.1-117. Permit required for trading in secondhand building fixtures.
Except as otherwise provided in this chapter, no person, firm or corporation shall offer for sale or sell acquire any secondhand heating or plumbing fixtures or
supplies, electric fixtures or any wiring, gas fixtures or appliances, water faucets, pipes, locks,
bathtubs, gutters, downspouts, or other secondhand fixtures of whatever kind or
description pertaining to a building or
structure, without first obtaining
a permit for the sale or
acquisition of the same from
the chief of police of the city or town or the sheriff of the county in which such property is offered for sale.
§ 59.1-118. Permit issued by chief of police or sheriff; revocation.
The chief of police of a city or the sheriff of a county may issue,
to persons regularly engaged in the business of collecting
secondhand building materials for resale,
a semiannual or annual permit covering all sales and acquisitions made by such persons. The chief of
police or sheriff may refuse to issue a permit, and may revoke any permit
issued, to any person convicted of stealing or receiving stolen goods a
felony or crime of moral turpitude within the three years prior to the request for the
permit. The applicant shall file with the chief of police
or sheriff, or his designee, an application form that shall include the
applicant's full name, address, age, sex, and fingerprints; the name, address, and telephone number of
the applicant's employer, if
any; and the
location of the applicant's place of business. A permit shall be valid
for one year from the date of issuance and may be renewed in the
same manner as such permit was initially obtained. No charge
shall A fee of not more
than $50 may be made charged annually
for any such the
issuance of the permit.
§ 59.1-119. Who deemed a dealer.
Every person who purchases is regularly engaged in the purchasing or
acquiring of secondhand property building material
of the kind mentioned in § 59.1-117 for the purpose of resale or installation
on the property of another shall be deemed a dealer within the meaning of the
provisions of this article.
§ 59.1-120. Recordkeeping requirements.
A. At the time of purchasing an
article mentioned in § 59.1-117, collecting, receiving,
or acquiring a secondhand building fixture,
the dealer shall require the seller of the article be required to provide:
1. A driver's license or
other government-issued current photographic identification including his full
name, current address, and date of birth The date and time of the secondhand building
fixture's acquisition;
and
2. Documentation,
such as a bill of sale, receipt, letter of authorization, affidavit of ownership,
or similar evidence, establishing that the seller lawfully possesses any
article being sold The address from
which the property was acquired and, if available, a driver's
license or other form of government identification to include the name and date
of birth of the person from whom the material was collected.
B. Every dealer shall keep at his place of business a
permanently bound book or ledger in which shall be legibly written with ink in
English at the time of each transaction in the course of his business an accurate account of
each purchase and sale of every article mentioned in § 59.1-117 sold the dealer's transaction involving a secondhand building fixture that is collected,
received, acquired,
or purchased by him the dealer. Such account shall
set forth an:
1. A complete and accurate description of the goods, articles or things purchased or sold and
the secondhand building
fixture that is the subject of the transaction;
2. All
information prescribed in subsection A
regarding location and, if available, the name
and other information prescribed in subdivision A 1
regarding date of birth of
the person selling, delivering, or purchasing with whom the same, the time and date of the
transaction, the dealer conducts the transaction;
3.
The license number of the automobile or other vehicle in which the goods, article or things were secondhand building
fixture was delivered or received,; and the
4. The number
of the permit number, if
the goods offered can only be sold under a permit
issued pursuant to § 59.1-118 by the
chief of police of the city or town,
or the sheriff of the county,
in which such goods were sold the transaction involving a secondhand building fixture occurred. The
description of the person required by this section shall consist of the color,
sex, approximate height, and age, any distinguishing feature of such person,
and the thumb prints of both hands of such person on the same page on which the
entry is made.
C. Records
required by this
subsection B shall
be maintained by the dealer at its normal place of business or at another
readily accessible and secure location for at
least five years a period of 24 months.
§ 59.1-121. Reports to be made to chief of police or sheriff.
A. Every
junk dealer and dealers selling or acquiring secondhand building materials of
the kind mentioned in secondhand personal property § 59.1-117, including persons
regularly engaged in the business of collecting or acquiring of secondhand building materials
for the purpose of resale to junk dealers, and a scrap metal processor,
shall every day except
Sunday before the hour of noon deliver:
1. If the purchase, acquisition, or receipt of the secondhand building fixture occurred in a city or town, to the chief of police or sheriff of the city or town in which such goods were bought, collected, or received, every day except Sunday before noon, on blank forms to be prescribed and furnished by the chief of police or sheriff of such city or town:
a. A
legible and accurate description of every article or thing of the kind mentioned in § 59.1-117 secondhand building fixture purchased, acquired, or received by him during the next preceding business day next preceding, the;
b. The date and time of the secondhand building fixture's acquisition;
c. If the person is a dealer, the number of his
permit number under which the goods were received by the
dealer, the issued pursuant to § 59.1-118;
d.
The license number of any automobile or other vehicle in which the goods or things were secondhand building fixture was delivered,
together with a description collected or
received;
e. If available, the
name and date of birth of the person selling or delivering the same, including the
color, sex, approximate height and age
and any distinguishing features of such person, or a photograph of such person, together
with a with whom the dealer
conducted the transaction; and
f. If the
person is a dealer, a reference to the volume and number of
the page where the original entry required by subsection
B of § 59.1-120 is made.
Where goods of the kind mentioned in § 59.1-117 are
purchased or received; or
2. If the purchase,
acquisition, or receipt of the secondhand building fixture occurred
in a county, the same information required by this section subdivision 1 shall be furnished to the sheriff of the county in which such goods were bought,
collected, or received not
later than midday of the Saturday following the purchase or receipt of such
goods, but the sheriff shall not be required to
prepare or furnish blank forms for such reports for use in the county, and the dealer may submit any report which
fairly conforms to the requirements of this section subdivision 1.
B. Notwithstanding any
provision of this chapter to the contrary, a dealer who purchases copper
gutters, downspouts, or similar copper materials shall hold the article for not
less than 15 days following the date the notice required pursuant to subsection
A is given to the chief of police or sheriff.
§ 59.1-122. Books and places of business open to inspection.
The books required by this article to be kept, and the places
of business of all persons engaged in the sale acquiring, selling, receiving, or purchasing of the articles
mentioned in § 59.1-117, shall at all reasonable times be open to the
inspection of any police officer, sheriff,
or deputy of the county, city, or town in which such place of business is located.
§ 59.1-123. Exemptions from article.
The provisions of this article shall not apply to:
1. The sale of secondhand materials material mentioned in § 59.1-117 taken from premises occupied by
the owner, when sold by such owner on the premises, or the sale of such
articles when purchased from a public utilities utility corporation at its
place of business or a governmental agency; or
2. Scrap metal processors as provided in Article 4 (§ 59.1-136.1 et seq.);
3. Authorized scrap sellers;
4. Public utilities;
5. Public transportation companies;
6. Licensed peddlers and brokers;
7. Industrial and manufacturing companies;
8. Marine, automobile, and aircraft salvage and wrecking companies; or
9. Governmental entities.
§ 59.1-125. When unlawful to buy or accept.
It shall be unlawful for any person, firm or corporation to
barter, purchase, exchange, or buy or accept from any person
whomsoever, except plumbers, the owner of buildings from which the material is
taken, railroad, coal mining, industrial, manufacturing and public utility
companies, or the authorized agents of such companies, lawful owners and junk
dealers, licensed in this Commonwealth, any secondhand steel, copper, copper
wire, aluminum, aluminum wire, brass, brass bearings or fittings, electric
light or gas fixtures, locks or other builders hardware, plumbing fixtures,
bell or bell fixtures, lead or brass water pipes or any part of such fixtures
or pipes, or any wire, cable, lead, solder, copper, iron or brass used by or
belonging to a railroad, telephone, telegraph, coal mining, industrial,
manufacturing or public utility company; provided that this section shall not
apply to any person, firm or corporation which shall barter, purchase,
exchange, buy or accept any secondhand grooved or figure-eight copper trolley
wire, bare or insulated heavy stranded copper or aluminum feeder wire, high
voltage copper or aluminum transmission wire, or bare or insulated mining
machine copper cables, but § 59.1-128 shall be applicable thereto.