railroad, as that term is defined in Section 77-9-5; to a 1260
communications service provider, whether wireless or wire line; to 1261
a scrap metal dealer; or to a person identified in subsection (6) 1262
as being exempt from the provisions of this section.
1263
(11) It shall be unlawful for a scrap metal dealer or other 1264
purchaser to knowingly purchase or possess a metal beer keg, or a 1265
metal syrup tank generally used by the soft drink industry, 1266
whether damaged or undamaged, or any reasonably recognizable part 1267
thereof, on any premises that the dealer uses to buy, sell, store, 1268
shred, melt, cut or otherwise alter scrap metal. However, it 1269
shall not be unlawful to purchase or possess a metal syrup tank 1270
generally used by the soft drink industry if the scrap metal 1271
dealer or other purchaser obtains a bill of sale at the time of 1272
purchase from a seller if the seller is a manufacturer of such 1273
tanks, a soft drink company or a soft drink distributor.
1274
(12) It shall be unlawful to sell to a scrap metal dealer 1275
any bronze vase and/or marker, memorial, statue, plaque, or other 1276
bronze object used at a cemetery or other location where deceased 1277
persons are interred or memorialized, or for any such dealer to 1278
purchase those objects, unless the source of the bronze is known 1279
and notice is provided to the municipal or county law enforcement 1280
agency where the dealer is located. The notice shall identify all 1281
names, letters, dates and symbols on the bronze and a photograph 1282
of the bronze shall be attached thereto. Written permission from 1283
the cemetery and the appropriate law enforcement agency must be 1284
received before any type of bronze described in this subsection 1285
may be purchased, processed, sold or melted.
1286
(13) It shall be unlawful for any scrap metal dealer to 1287
purchase any manhole cover and other similar types of utility 1288
access covers, including storm drain covers, or any metal property 1289
clearly identified as belonging to a political subdivision of the 1290
state or a municipality, unless that metal property is purchased 1291
from the political subdivision, the municipal utility or the 1292
manufacturer of the metal. Any purchaser who purchases metal 1293
property in bulk shall be allowed twenty-four (24) hours to 1294
determine if any metal property prohibited by this subsection is 1295
included in a bulk purchase. If such prohibited metal property is 1296
included in a bulk purchase, the purchaser shall notify law 1297
enforcement no later than twenty-four (24) hours after the 1298
purchase.
1299
(14) It shall be unlawful for a scrap metal dealer or other 1300
purchaser to purchase metal property from a person younger than 1301
eighteen (18) years of age.
1302
(15) Metal property may not be purchased, acquired or 1303
collected between the hours of 9:00 p.m. and 6:00 a.m.
1304
(16) Except as provided in this subsection, any person 1305
willfully or knowingly violating the provisions of this section 1306
shall, upon conviction thereof, be deemed guilty of a misdemeanor, 1307
and shall be punished by a fine not to exceed One Thousand Dollars 1308
($1,000.00) per offense, unless the purchase transaction or 1309
transactions related to the violation, in addition to any costs 1310
which are, or would be, incurred in repairing or in the attempt to 1311
recover any property damaged in the theft of or removal of the 1312
metal property, are in aggregate an amount which exceeds * * * One 1313
Thousand Dollars ($1,000.00) but less than Five Thousand Dollars 1314
($5,000.00), in which case the person shall be guilty of a felony 1315
and shall be imprisoned in the custody of the Department of 1316
Corrections for a term not to exceed * * * five (5) years, fined 1317
not more than Ten Thousand Dollars ($10,000.00), or both. Any 1318
person found guilty of stealing metal property or receiving metal 1319
property, knowing it to be stolen in violation of Section 1320
97-17-70, shall be ordered to make full restitution to the victim, 1321
including, without limitation, restitution for property damage 1322
that resulted from the theft of the property.
1323
(17) If the purchase transaction or transactions related to 1324
the violation, in addition to any costs which are, or would be, 1325
incurred in repairing or in the attempt to recover any property 1326
damaged in the theft of or removal of the metal property, are in 1327
aggregate an amount which exceeds Five Thousand Dollars 1328
($5,000.00) but less than Twenty-five Thousand Dollars 1329
($25,000.00), the person shall be guilty of a felony and shall be 1330
imprisoned in the custody of the Department of Corrections for a 1331
term not to exceed ten (10) years, fined not more than Ten 1332
Thousand Dollars ($10,000.00), or both.
1333
(18) If the purchase transaction or transactions related to 1334
the violation, in addition to any costs which are, or would be, 1335
incurred in repairing or in the attempt to recover any property 1336
damaged in the theft of or removal of the metal property, are in 1337
aggregate an amount which exceeds Twenty-five Thousand Dollars 1338
($25,000.00), the person shall be guilty of a felony and shall be 1339
imprisoned in the custody of the Department of Corrections for a 1340
term not to exceed twenty (20) years, fined not more than Ten 1341
Thousand Dollars ($10,000.00), or both.
1342
( * * *19) This section shall not be construed to repeal 1343
other criminal laws. Whenever conduct proscribed by any provision 1344
of this section is also proscribed by any other provision of law, 1345
the provision which carries the more serious penalty shall be 1346
applied.
1347
( * * *20) This section shall apply to all businesses 1348
regulated under this section without regard to the location within 1349
the State of Mississippi.
1350
( * * *21) This section shall not be construed to prohibit 1351
municipalities and counties from enacting and implementing 1352
ordinances, rules and regulations that impose stricter 1353
requirements relating to purchase transactions.
1354
SECTION 24. Section 97-21-29, Mississippi Code of 1972, is