All but a handful of states have begun their 2020 legislative sessions, and some are already racing to adjourn; New Mexico is set to be the first out on February 20, but 11 states will be following close behind in March. Recyclers need to be on the lookout for materials theft bills that will change how their businesses operate. I've included summaries of some of the standout bills below, but this list is constantly growing and changing.
New Reports: Also, you might notice that the materials theft report looks a bit different; our new system, powered by Quorum, includes a map that allows you to quickly isolate bills in individual states and filter and search information in the individual columns. If you would like a walkthrough of the new report features on the State Resources and Tracking pages, contact Justin Short.
Priority materials theft bills
- HI SB 2742 Defines "catalytic converter" and adds catalytic converters to the existing requirements for copper, beer kegs, and urns; seller must provide a copy of a receipt or a notarized declaration with specified information before a scrap dealer may purchase the item, and the dealer must photograph the item and seller and copy the seller's ID. Also creates the offense of theft of catalytic converter as a class C felony.
- IL HB 4037 requires metal transaction records record weights to the nearest tenth of a pound.
- KS SB 344 Removes the requirement to photograph the vehicle in which a junk vehicle or other regulated scrap metal property is delivered from the state's metals theft law, § 50-6,110.
- MI SB 755 amends the secondhand / junk dealer statutes to require 90 day hold by request.
- MS HB 383 Metals theft - restricts sellers of copper materials and requires additional recordkeeping. For copper materials transactions under § 97-17-71, requires a scanned copy of either the license issued to the plumber, electrician, or contractor by a municipality or county in Mississippi or the certificate of responsibility issued by the State Board of Contractors; or a demolition permit issued to the seller by the municipality or county the scrap metal dealer is located in. Makes it unlawful to purchase copper materials from other sellers. Also "brings forward" the payment restrictions for HVAC under § 97-17-71.2, but does not appear to amend the text in the introduced version.
- MS HB 637 Amends the state metals theft law to add "any street, road or highway sign" to the list of prohibited metal property under § 97-17-71.(13), and add the state to the list of permitted sellers. Makes the removal of a street sign a misdemeanor punishable by up to $1,000 fine per offense, or, if the aggregate value is between $1,000 and $5,000, a felony punishable by 5 years imprisonment and/or $10,000 fine.
- MO SB 608 adds numerous new restrictions and requirements to the state metals theft law and bars the purchase of 10 yr. old inoperable vehicles w/out title in specified cities and counties. The chapter is actively engaging on the bill.
- MO HB 1728 creates metals theft-like requirements for recyclers purchasing returnable containers / bulk merchandise containers.
- OK HB 3031 / OK SB 1749 propose numerous amendments to recordkeeping, retention, hold, proof of ownership, and restricted item requirements.
- OK SB 1593 requires check for copper material and copper wire.
- TN HB 1637 / SB 1620 replaces the current payment restrictions on copper or catalytic converters with a 5 day automatic hold.
- 2019 Carryovers in NY and WV
You can visit ISRI's State Resources and Tracking pages (login required) to view reports on legislation, as well as summaries for each state's metals theft laws and links to the statutes (freshly updated with the latest amendments). You can also use ISRI's State Metals Theft Law Database to quickly check and compare provisions between states. If you'd like to find out what changes could impact your company, visit ISRI's State Policy page or contact Danielle Waterfield and Justin Short if you have any questions about the system or legislation impacting your state.