Scrap Metal Rules Title 1: Secretary of State Part 13: Regulation and Enforcement – Scrap Metal Dealer Regulation PREAMBLE: The following Rules are hereby adopted by the Secretary of State by the authority granted in Miss. Code Ann. Section 97-17-71(1)(b) (2008). These Rules supersede all rules heretofore adopted and from this date shall be applicable to the administration of the Mississippi Scrap Metal Dealer Registration Act. The procedures and practices expressed in these Rules were drafted by the Regulation and Enforcement Division of the Secretary of State. The adoption of these Rules represents a finding by the Secretary of State that such Rules are necessary and appropriate for the public interest and are consistent with the purposes fairly intended by the policy and provisions of the Mississippi Scrap Metal Dealer Registration Act, codified at Mississippi Code Annotated Sections 97-17-71, et seq. Part 13 Chapter 1: Definitions Introduction. As used in Miss. Code Ann. Section 97-17-71 and these Rules promulgated thereunder, these terms shall have the following meaning unless the context requires otherwise: Rule 1.1 Act. Act shall mean the Mississippi Scrap Metal Dealer Registration Act, which is codified at Mississippi Code Annotated Section 97-17-71 et seq. (2008). Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.2 Agent. Agent shall mean the Secretary of State’s Agent for Registration and Recordkeeping. The Secretary of State’s Agent currently is LeadsOnline, 15660 N. Dallas Parkway, Suite 800, Dallas, Texas 75248 (www.LeadsOnline.com). Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.3 An Accurate and Legible Record. An Accurate and Legible Record as used in the Act and in these Rules, shall mean a record maintained by any Applicant or Scrap Metal Dealer, or submitted by any Applicant or Scrap Metal Dealer to the Secretary of State’s approved Agent for Registration and Recordkeeping for maintaining all customer records pursuant to the Act. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). 1 Rule 1.4 Applicant. Applicant shall mean any person or business entity in the process of registering as a Scrap Metal Dealer under the Act who has received a registration number but who has not yet received a Certificate of Registration from the Secretary of State. An Applicant is authorized to conduct business as a Scrap Metal Dealer until such time as its Registration is denied or cancelled by the Secretary of State. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.5 Customer Transaction Report. Customer Transaction Report shall mean the Scrap Metal Purchase Transaction Record as described in Chapters 2, 3, 4, and 5, and required by Mississippi Code Annotated Section 97-17-71 (2)(a) – (i). As required by statute, this Report shall include: A. The name, address and age of the person from whom the metal property is purchased as obtained from the seller’s personal identification card; B. The date and place of each acquisition of the metal property; C. The weight, quantity or volume and a general physical description of the type of metal property, such as wire, tubing, extrusions or casting, purchased in a purchase transaction; D. The amount of consideration given in a purchase transaction for the metal property; E. The vehicle license tag number, state of issue and the make and type of vehicle used to deliver the metal property to the purchaser; F. If a person other than the seller delivers the metal property to the purchaser, the name, address and age of the person who delivers the metal property; G. A signed statement from the person receiving consideration in the purchase transaction stating that he is the rightful owner of the metal property or is entitled to sell the metal property being sold; H. i. A scanned copy or a photocopy of the personal identification card of the person receiving consideration in the purchase transaction; or ii. If a person other than the seller delivers the metal property to the purchaser, a scanned copy or a photocopy of the personal identification card of the person delivering the metal property to the purchaser; and I. A photograph, videotape or similar likeness of the person receiving consideration or any person other than the seller who delivers the metal property to the purchaser in which the person’s facial features are clearly visible and in which the metal property the person is selling or delivering is clearly visible. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.6 Dealer. Dealer as defined in the Act and as used in these Rules is an Individual who pays compensation for Regulated Metal Property. “Dealer” shall have the same meaning as “Scrap Metal Dealer” as defined herein, and the terms shall be used interchangeably. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). 2 Rule 1.7 Dealer/Processor. Dealer/Processor as defined in the Act and as used in these Rules is a Scrap Metal Dealer or Dealer who pays compensation for Regulated Metal Property and who is engaged in some aspect of Processing as that term is defined in these Rules. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.8 Delivery Person. Delivery Person shall mean any individual who, on behalf of a Seller, presents Metal Property for sale to a Scrap Metal Dealer, and who does not receive compensation from that Scrap Metal Dealer for the sale of that Metal Property. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.9 Division. Division shall mean the Regulation and Enforcement Division of the Office of the Secretary of State of Mississippi. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.10 Individual. Individual shall mean any person, entity, partnership, corporation, joint venture, trust, limited liability company, limited liability partnership, association, or any other legal or commercial or corporate entity, and shall include Dealers and Dealer/Processors. The term “Individual” and the term “Business” are used interchangeably in these Rules. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.11 Law Enforcement Officer. Law Enforcement Officer as defined in the Act and as used in these Rules shall mean any person appointed or employed by the State of Mississippi or any political subdivision thereof, including municipalities or townships or the State military, who is duly vested with the authority to bear arms and make arrests, and whose primary responsibility is prevention and detection of crime, apprehension of criminals, and enforcement of laws of this State or the ordinances of any political subdivision thereof. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.12 Metal Property or Regulated Metal Property. Metal Property or Regulated Metal Property as defined in the Act and used in these Rules shall include the following: A. railroad track materials such as any materials, equipment and parts used in the construction, operation, protection and maintenance of a railroad; B. copper materials, such as any copper wire, bars, rods or tubing, including copper wire or cable or coaxial cable of the type used by public utilities, common carriers or communication services providers, whether wireless or wire line, copper air conditioner evaporator coils or condensers, aluminum copper radiators not attached to a motor vehicle, or any combination of these; C. aluminum materials such as any aluminum cable, bars, rods or tubing of the type used to construct utility, communication or broadcasting towers, aluminum utility wire and aluminum irrigation pipes or tubing; however, this shall not include aluminum cans that have served their original economic purpose; 3 D. electrical, communications or utility brass, metal covers for service access and entrances to sewers and storm drains, metal bridge pilings, irrigation wiring and other metal property attached to or part of center pivots, grain bins, stainless steel sinks, catalytic converters not attached to a motor vehicle, metal beer kegs or metal syrup tanks or any recognizable part thereof generally used in the beverage industry unless the dealer possesses a bill of sale from a beverage manufacturer, beverage distributor or from a manufacturer of such tanks; E. any bronze vase or marker, memorial, statue, plaque, or other bronze object used at a cemetery or other location where deceased persons are interred, entombed or memorialized unless the dealer possesses documentation from local law enforcement and from a cemetery authenticating the lawful source of such material; F. manhole covers and other similar types of utility access covers, including storm drain covers, or any metal property clearly identified as belonging to a political subdivision of the state or a municipality, unless that metal property is purchased from the political subdivision, the municipal utility or the manufacturer of the metal. Any purchaser who purchases metal property in bulk shall be allowed twenty-four (24) hours to determine if any metal property prohibited by this subsection (F) is included in a bulk purchase, the purchaser shall notify law enforcement no later than twenty-four (24) hours after the purchase. Metal property does not include ferrous materials not listed in the Act. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.13 Metal Property Dealer. Metal Property Dealer as defined in the Act and as used in these Rules shall have the same meaning as “Scrap Metal Dealer” as defined herein and the terms shall be used interchangeably. Source: Miss. Code Ann. § 97-17-71.1(1)(b) (2008). Rule 1.14 Other Purchaser. Other Purchaser as defined in the Act and used in these Rules, shall mean any individual who purchases Metal Property as that term is defined in the Act, but who is not registered as a Scrap Metal Dealer pursuant to the Act.