In this subtitle the following words have the meanings indicated. “Agent” means a person who buys or sells junk or scrap metal for a junk dealer or scrap metal processor. “Agent license” means a license issued by the clerk to act as an agent. “Antique dealer” means a person who does business buying and selling antiques. “Antiques” means objects made in, or typical of, an earlier period of time, that either have special value because of their age or are examples of works of art or handicrafts. “Junk” or “scrap metal” includes: nonferrous articles made wholly or substantially of: aluminum; babbitt metal; brass; bronze; light copper; heavy copper; lead; low carbon chrome; low carbon manganese; molybdenum; monel metal; pewter; nickel; stainless steel; tin; vanadium; zinc; platinum; gold; rhodium; or other nonferrous metals; and the following used articles, made of either ferrous or nonferrous metal: catalytic converters; metal bleachers; hard–drawn copper; metal beer kegs; cemetery urns; grave markers; propane tanks; telecommunications equipment that includes any other used articles owned by a telecommunications company, as defined in § 6–305.1 of the Criminal Law Article, including: antennae; burned wires; busbars; cell tower batteries; fiber optic and copper cables; power inverters; materials with identifiable markers that indicate ownership by the telecommunications company; and small cell facilities; and any other used articles owned by a public utility including: guardrails; manhole covers; metal light poles; tree grates; water meters; and street signs. “Junk” or “scrap metal” does not include beverage cans or food cans. “Junk dealer” or “scrap metal processor” means a person who does business buying or selling junk or scrap metal. “Junk dealer” or “scrap metal processor” does not include a dealer or pawnbroker licensed under Title 12 of this article. “Junk dealer or scrap metal processor license” means a license issued by the clerk to do business as a junk dealer or scrap metal processor. “Nonresident junk dealer” means a junk dealer who is not a resident of the State. “Nonresident scrap metal processor” means a scrap metal processor who is not a resident of the State. “Primary law enforcement unit” means the Department of State Police, a police department, or sheriff, as designated by a resolution of the county or municipal governing body in the county in which the license of the junk dealer or scrap metal processor is held. “State junk license” includes: a junk dealer or scrap metal processor license; or an agent license.

This subtitle does not apply to: a dealer or pawnbroker licensed under Title 12 of this article; a person doing business other than junk business or scrap metal business whenever the person: buys or transports junk or scrap metal used in the operation of the business; or transports, for disposal or sale, junk or scrap metal accumulated by the business to dispose of or sell the junk or scrap metal; or a vehicle that a common carrier uses to transport junk or scrap metal in the business of the common carrier. Except as provided in § 17–1012 of this subtitle, this subtitle does not apply to antique dealers.

A county or municipal governing body in the county in which the license of the junk dealer or scrap metal processor is held shall designate by resolution the primary law enforcement unit to receive records in accordance with § 17–1011(b) of this subtitle. If a municipal governing body designates a county police department or sheriff as the primary law enforcement unit under this section, the county may designate the Department of State Police as the primary law enforcement unit.

Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person must have a junk dealer or scrap metal processor license whenever the person does business as a junk dealer or scrap metal processor in the State. This subsection does not apply to a situation in which: a nonresident junk dealer or nonresident scrap metal processor buys junk or scrap metal from a junk dealer or scrap metal processor licensee who is a resident of the State; or the nonresident junk dealer or nonresident scrap metal processor transports that junk or scrap metal. If a nonresident junk dealer or nonresident scrap metal processor comes into the State in a vehicle, the nonresident junk dealer or nonresident scrap metal processor may not transport from the State in that vehicle any junk or scrap metal bought in the State unless the nonresident junk dealer or nonresident scrap metal processor holds a junk dealer or scrap metal processor license. Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person must have an agent license whenever the person acts as an agent in the State. This subsection does not apply to a salaried employee of a junk dealer or scrap metal processor licensee.

An applicant for a State junk license shall: certify to the clerk the applicant’s name and business address; and pay to the clerk a license fee of: $10 for a junk dealer or scrap metal processor license; or $5 for an agent license. All license fees collected for issuance of State junk licenses under this section shall be paid to the Comptroller.

The clerk shall issue a State junk license to each applicant who meets the requirements of this subtitle. A State junk license is not transferable.

If a nonresident junk dealer or nonresident scrap metal processor establishes a fixed place of business as a junk dealer or scrap metal processor in the State, the nonresident junk dealer or scrap metal processor shall: obtain a junk dealer or scrap metal processor license; and comply with all laws and regulations related to the junk dealer or scrap metal processor license.

This section applies to all junk dealers and scrap metal processors doing business in the State, including nonresident junk dealers and nonresident scrap metal processors. Subject to subparagraph (ii) of this paragraph, this section applies to an automotive dismantler and recycler or scrap metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if the automotive dismantler and recycler or scrap metal processor: conducts business as a licensed junk dealer or scrap metal processor; acquires vehicle parts that qualify as junk or scrap metal as defined under § 17–1001(f) of this subtitle; or acquires articles that are listed, or made of metals that are listed, in § 17–1001(f) of this subtitle. Subsection (b)(2) of this section applies to any automotive dismantler and recycler or scrap metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if all or part of a detached catalytic converter is acquired by the automotive dismantler and recycler or scrap metal processor from a person. This section does not apply to: except as provided in paragraph (2)(ii) of this subsection, an automotive dismantler and recycler or scrap metal processor that only acquires whole vehicles for the purpose of dismantling, destroying, or scrapping them for the benefit of their parts or the materials in them; or a person that buys scrap metal to use as raw material to produce 1,000,000 tons of steel or more in the State per calendar year. Except as provided in subparagraph (ii) of this paragraph, this section preempts the right of a county or municipality to regulate the resale of junk or scrap metal. This section does not limit the power of a county or municipality to license junk dealers and scrap metal processors. This section supersedes any existing law of a county or municipality that regulates the resale of junk or scrap metal. For each purchase of junk or scrap metal in the State, a junk dealer or scrap metal processor shall keep an accurate record in English. The record shall state: the date and time of purchase; a description of the junk or scrap metal purchased, including: the type and grade of the junk or scrap metal; if payment is based on weight, the weight of each type and grade of junk or scrap metal; and if the junk or scrap metal includes all or part of a detached catalytic converter, the vehicle identification number of the vehicle from which it was obtained; the amount paid or other consideration for the junk or scrap metal; the registration plate number, make, and model of any vehicle used; the name and address of the individual from whom the junk or scrap metal is acquired; the signature of: the individual from whom the junk or scrap metal is acquired; and the junk dealer, scrap metal processor, or employee who accepted the junk or scrap metal; and for each individual from whom the junk dealer or scrap metal processor acquires junk or scrap metal: the date of birth and driver’s license number of the individual; or identification information about the individual from a valid State–issued photo ID that provides a physical description of the individual, including the sex, race, any distinguishing features, and approximate age, height, and weight of the individual. The records required under this subsection shall be kept in electronic form. Subject to subparagraph (iv) of this paragraph, the junk dealer or scrap metal processor shall submit a copy of each record required under this paragraph to the primary law enforcement unit in accordance with subparagraphs (ii) and (iii) of this paragraph. A junk dealer or scrap metal processor shall submit a record by transmitting a copy of the records electronically, in a format acceptable to the receiving primary law enforcement unit, by the end of the first business day following the date of the transaction. Each copy of a record submitted to the primary law enforcement unit shall include: the date and time of purchase; a description of the junk or scrap metal, including its weight if payment is based on weight; whether the amount paid or other consideration for the junk or scrap metal exceeds $500; the registration plate number of any vehicle used by the individual from whom the junk or scrap metal is acquired; the name and address of the individual from whom the junk or scrap metal is acquired; the date of birth and driver’s license number of the individual from whom the junk or scrap metal is acquired; identification information about the individual from a valid State–issued photo ID that provides a physical description of the individual, including the sex, race, age, height, and weight of the individual; and an electronic scan or photocopy of the valid State–issued photo ID under item 7 of this subparagraph. The provisions of subparagraphs (i), (ii), and (iii) of this paragraph may not be construed to require a junk dealer or scrap metal processor to incur a substantial financial burden to comply with the requirements of this paragraph. A copy of a record submitted under paragraph (4) of this subsection: shall be kept confidential; is not a public record; and is not subject to Title 4 of the General Provisions Article. The primary law enforcement unit may destroy the copy of a record submitted under paragraph (4) of this subsection after 1 year from the date that the primary law enforcement unit receives the copy. The primary law enforcement unit may waive the holding of electronic records under paragraph (3) of this subsection or the submission of electronic records under paragraph (4) of this subsection by a junk dealer or scrap metal processor. Any waivers granted under subparagraph (i) of this paragraph shall be limited to authorizing a junk dealer or scrap metal processor to: extend the reporting deadline under paragraph (4) of this subsection for an extra day; hold written records; or submit records by facsimile or by mail. This subsection applies to junk dealers and scrap metal processors who are residents of the State. Each junk dealer or scrap metal processor shall keep the records required by subsection (b) of this section for 1 year after the date of the transaction. The records kept in accordance with this subsection shall be open to inspection during business hours by State or local law enforcement personnel for an investigation of a specific crime involving the materials listed under § 17–1001(f) of this subtitle. A junk dealer or scrap metal processor may not barter, buy, exchange, or accept from a person any junk or scrap metal unless the junk dealer or scrap metal processor keeps records and makes entries in them in accordance with this subtitle. A junk dealer or scrap metal processor may not purchase a catalytic converter from an individual unless the individual, at the time of purchase, provides identification as: a licensed automotive dismantler and recycler or scrap metal processor; or an agent or employee of a licensed commercial enterprise. A junk dealer or scrap metal processor may not purchase a cemetery urn, grave marker, or any other item listed under § 17–1001(f)(1)(ii) of this subtitle from an individual unless the individual, at the time of purchase, provides appropriate authorization from a relevant business or unit of federal, State, or local government or from an individual with authorization under subparagraph (ii) of this paragraph specifically authorizing the individual to conduct the transaction. For a purchase of telecommunications equipment sold as junk or scrap metal, appropriate authorization under this subsection includes a bill of sale, receipt, letter of authorization, or other documentary evidence that the seller has lawful authority to sell the telecommunications equipment. State or local law enforcement personnel may request information from the records required under subsection (b) of this section pursuant to an investigation of a specific crime involving the materials listed under § 17–1001(f) of this subtitle. The record and reporting requirements of subsection (b) of this section do not apply to an item that is acquired from: a licensed junk dealer or scrap metal processor; a unit of federal, State, or local government; or a commercial enterprise with a valid business license that has entered into a written contract with a junk dealer or scrap metal processor who has provided to the primary law enforcement unit: the name and business address of the commercial enterprise; and the type of junk or scrap metal subject to the contract. Subject to subparagraph (ii) of this paragraph, a contract under paragraph (1)(iii) of this subsection shall be open to inspection by a local law enforcement agency on the premises of the junk dealer or scrap metal processor during business hours. Notwithstanding any other law, a contract open to inspection by a local law enforcement agency under subparagraph (i) of this paragraph may not be open for public inspection without the consent of the junk dealer or scrap metal processor. If a State or local law enforcement agency has reasonable cause to believe that junk or scrap metal that is in the possession of a junk dealer or scrap metal processor is stolen, the law enforcement agency may issue a written hold notice. The written hold notice shall: identify the items of junk or scrap metal alleged to be stolen and subject to hold; inform the junk dealer or scrap metal processor of the hold imposed on the items of junk or scrap metal; and specify the time period for the hold, not to exceed 15 days. On receipt of a written hold notice from a law enforcement agency, a junk dealer or scrap metal processor may not process or remove from the junk dealer’s or scrap metal processor’s place of business before the end of the hold period any items of junk or scrap metal identified in the hold notice, unless the item is released by the law enforcement agency or by court order. Local law enforcement personnel of the county where the place of business of the junk dealer or scrap metal processor is located or where the junk or scrap metal was purchased may enforce this section. A person who violates this section is guilty of a misdemeanor and on conviction is subject to: a fine not exceeding $500 for a first offense; and a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both for a subsequent offense.

In this section, “historic marker or plaque” means a marker, plaque, or tablet commemorating a historic person or event, or identifying a historic place, structure, or object. This section applies to all junk dealers, scrap metal processors, and antique dealers who are residents of the State. Each junk dealer, scrap metal processor, or antique dealer subject to this section who purchases a historic marker or plaque shall register with the sheriff or other law enforcement official designated by the governing body of the county in which the business of the junk dealer, scrap metal processor, or antique dealer is located a complete description of the historic marker or plaque. The description shall include: the date and time of purchase; the name and address of the seller; the license tag number of any vehicle used; and a description of the historic marker or plaque, including the full text, any installation date, and the name of any installation sponsor. The registration required under this section shall be made within 3 business days after the date of the purchase of the historic marker or plaque. The sheriff or other law enforcement official promptly shall notify the Maryland Historical Trust with a copy to the junk dealer, scrap metal processor, or antique dealer who registered with the sheriff. A historic marker or plaque may not be sold or otherwise disposed of for a period of 30 days from the date of the notice required under subsection (d) of this section. A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100.

Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $500 for each offense.