Skip to Page Content
Home  |  Contact Us  |  Press Room  |  Site Overview  |  Help  |  Login  |  Register
Add to MyNCSL

Metal Theft Legislation

February 2008


AlabamaArizona | California | Connecticut | Florida | Hawaii | Illinois | Indiana | Kansas | Kentucky | MaineMichigan | Minnesota | Missouri | New Hampshire | New MexicoNew York | North Carolina | Ohio | Oklahoma | PennsylvaniaSouth Carolina | South DakotaTennessee | Texas | Washington | Wisconsin

State

 

Bill 

Summary 

Alabama

  H.B. 99

Relates to the sale of metal property to secondary metal recyclers and providing penalties for sellers violating the act; included within the value of the transaction for purposes of determining the severity of the crime the costs of repairing any damage to the victim's property caused during the theft; provides further for penalties for violations.

Arizona    H.B. 2646

Concerns scrap copper clearinghouse.

    S.B. 1530

Concerns copper wire theft; relates to investigators; makes an appropriation.

  H.B. 2509

Concerns the Scrap Metal Theft Authority

California   A.B. 1372

Adds theft of copper materials as a type of theft punishable as grand theft.

Florida   S.B. 748 

Requires the Department of Law Enforcement to approve the form for purchase transactions; requires additional seller information to be included on the form for each purchase transaction and an image of the regulated metals being sold. Revises penalties for violations, such as false verification of ownership or false or altered identification of the seller of regulated metals.

   

S.B. 556 

Similar to H.B. 113. Requires secondary metal recyclers to photograph metals purchased and to validate the identity of the person delivering metals using current personal identification cards. Requires recyclers to deliver records of receipt for transactions to the Department of Law Enforcement.

    S.B. 1384

Relates to theft of copper or other nonferrous metals; provides that it is a felony of the first degree to knowingly and intentionally take copper or other nonferrous metal from a utility or communications services provider, thereby causing damage to the facilities of a utility or communications services provider or interrupting or interfering with utility or communications services.

Hawaii   H.B. 992

Prohibits scrap copper dealers from purchasing copper from minors and persons without a government- issued picture ID; Imposes additional recordkeeping requirements for scrap copper transactions; Requires records to be kept and made available to the counties and county police for four years; relates to scrap copper dealers.

    H.B. 1042

Requires any scrap dealer, when buying copper from an individual, to require the individual to present valid identification and to be fingerprinted; relates to scrap metal. Same as S.B. 230

    H.B. 1246

Establishes the offense of theft of copper; adds special requirements for the purchase of copper by scrap dealers and to hold scrap dealers accountable for violations; provides that if the scrap presented for purchase is copper, in whole or in part, the seller shall provide a copy of a receipt or a notarized declaration and the scrap dealer shall take a photograph of the seller or make a photocopy of their identification card or license.

      S.B. 142 

Establishes a state run copper recycling clearinghouse in each county to purchase used, secondhand, or salvaged copper.  Provides appropriations.  

   

H.B. 800

Makes theft of wiring a felony; relates to theft.

   

H.B. 1515

Establishes a preference under the Public Procurement Code for stamped copper wiring that is within the lowest 3 bids submitted where the price of the wiring exceeds a certain amount per foot. 

   

H.B. 2347

Affirms that penalties in section 445-235, HRS, apply if scrap dealer violates either section 445-232 or 445-233, HRS; relates to scrap dealers.

    S.B. 998

Requires scrap dealers to retain a photocopy of the seller's valid identification and prohibits cash payments for used or salvaged copper; relates to copper theft.,

    S.B. 1229

Requires scrap dealers to include a thumbprint of all persons redeeming copper in the required identification statement; Establishes a copper redemption database; makes appropriations; relates to scrap dealers.

    S.B. 1332

Establishes the offense of theft of copper; adds special requirements for the purchase of copper by scrap dealers and to hold scrap dealers accountable for violations.

     S.B. 34

Increases the reporting requirements for sales of scrap metal to scrap metal dealers; increases the criminal penalties for failing to comply with requirements.   

    S.B. 2627

Requires scrap dealers and recyclers to pay for copper purchases by check; relates to copper purchases.

    S.B. 2782 

Includes beer kegs in laws intended to prevent theft and resale of copper; relates to scrap metal.

Illinois   S.B. 69

Amends the Copper Purchase Registration Law and the Vehicle Code. Provides that every scrap processor and recyclable metal dealer shall maintain records of sales over a specified amount of money. Provides that, for scrap metals valued at $100 or more, the scrap processor or recyclable metal dealer shall verify and record the identity of the person from whom the scrap metals were acquired by recording the identification of that person from the person's driver's license or State Identification Card.

    S.B. 1309

Amends the Copper Purchase Registration Law. Defines railroad track material. Requires a copper dealer or junk dealer, who purchases railroad track material consisting of 50 pounds or more to enter the listed information on the form provided by the Department of State Police.

     H.B. 1654  

Every scrap dealer will maintain records relating to the acquisition of scrap metals for 3 years. Dealers will verify and record the identity of each person from whom scrap metals are acquired. Prohibits the purchase of metal beer kegs from other than the manufacturer. Bill died 10/05/07. 

    H.B. 1654 

Provides that records will be kept by scrap processors and recyclable metal dealers. 

Indian   S.B. 343 Requires the criminal justice institute, in cooperation with the state police department and other law enforcement agencies, to develop and maintain a valuable metals theft prevention program to inform valuable metal dealers, builders, and the public about the problem of theft of valuable metals, procedures required to purchase and resell valuable metals in Indiana, and other methods to prevent the theft of or to recover stolen valuable metals. 
Kansa   H.B. 2035

Regulates scrap metal dealers; relates to the registration of copper or aluminum obtained by purchase or trade.

Kentucky   H.B. 2035

Relates to junkyards and other purchasers of used ferrous and nonferrous metals; adds copper metal or copper cable to the list of metals in which the purchasers shall keep a record of sale and shall make a report containing the information required to be maintained in a register of transaction, and forward that report in writing or by electronic means to specified law enforcement agencies.

    

B.R. 835
(H.B. 106) 

Requires junkyards and other purchasers of ferrous and non-ferrous metals to keep records of transactions, report transactions to law enforcement; establishes the crime of failure to maintain a register of purchases of metals and objects containing metal.

   

H.B. 279

Relates to the identification and tracking of scrap metal; requires dealers, collectors, and vendors to keep a register of those from whom they purchase ferrous or nonferrous metal or material containing ferrous or nonferrous metal; specifies information to be included in the register; requires dealers, collectors, and vendors to report the information kept in the register to the applicable law enforcement agency.

Main

  H.B. 1504

Relates to preventing the theft of certain metals; requires that scrap metal recyclers in the state maintain a record of each scrap metal purchase transaction in excess of specified amounts and value; requires a seller of scrap metal to provide to the purchaser identification and a signed statement that the seller is the owner or authorized to sell the scrap metal; requires a recycler to notify law enforcement of theft; prohibits purchase of scrap metal from a minor without consent of parent or guardian. 

Michiga   S.B. 1509

Prohibits and provides penalties for larceny or resale of copper wire.

    S.B. 1510

Enacts sentencing guidelines for theft or resale of copper wiring.

   

S.B. 720

Provides for licensing of scrap metal processors. 

   

S.B. 888

 

Provides the requirement for junk and secondhand dealers to obtain certain picture identification and information from seller. 

   

H.B. 5335

Prohibits larceny or resale of copper wire; provides penalties.

   

H.B. 5456 

Revises the provisions of existing law that regulates and licenses second hand dealers and junk dealers to shorten the hours such entities may conduct sales and with whom they shall not conduct business. 

Minnesota  

 

H.B. 457

  

Same as S.B. 443. Expands law enforcement regarding record keeping of purchases by scrap metal dealers; requires registration; provides penalties, appropriates money.

   

S.B. 1955

Companion H.B. 584. Relates to public safety; increases penalties for metal theft.

Missouri   H.B. 547 

Provides for the registration of copper and aluminum from any person who obtains the copper or aluminum from a purchase or trade.

New Mexico

 

  S.B. 381 

Relates to the sale of recycled metals; enacts the sale of recycled metals act; regulates the sale of certain recycled metals; provides for penalties.

New Hampshire  

 

H.B. 1346  

Provides for the regulation of junk dealers, scrap metal dealers and pawnbrokers. Requires junk or scrap metal dealers to keep records of accumulation, storage, and handling of junk or scrap metal, written in English.

New York   A.B. 6250

Provides for the lawful sale of scrap copper and other metals by junk dealers; restricts sale of certain items; increases existing penalties; creates task force to monitor junkdealers for compliance; establishes a statewide call-in number to report suspected misconduct; publishes violating junkdealers on website.

    S.B. 4029

Same as A.B. 6250

    

A.B. 6291 

Provides definitions of junk metal and junk dealer; requires certain identification; provides reporting procedures for the purchase of metal. Same as Statute Chapter No. 302. 

North Carolina   H.B. 1514

Requires dealers of scrap, salvage or surplus to maintain records of copper sales; increases the criminal penalty for failing to comply with the record-keeping requirements.

Ohi   H.B. 206

Establishes new record-keeping requirements for dealers in scrap copper, scrap aluminum siding, or scrap catalytic converters.

    

S.B. 171  

Makes changes to the Pawnbrokers Law and the Secondhand Dealers Law requiring identification for all purchases and records on the appropriate forms for each pawn or purchase.

Oklahoma   H.B. 1568

Relates to crimes and punishments; relates to copper theft; modifies penalties; provides an effective date.

   

H.B. 1440 

Relates to professions and occupations; relate to the Precious Metal and Gem Dealer Licensing Act; modifies definition of dealer; requires report on buy transactions; provides exemption from reporting requirement; modifies reports of theft of precious metal; authorizes Department of Consumer Credit Administrator and law enforcement to examine certain records of dealer; prescribes penalty for dealer that fails or refuses to comply with examination. 

    S.B. 472

Relates to copper recycling; relates to violations and penalties; modifies certain penalties; provides an effective date; declares an emergency.

    S.B. 795

Relates to copper thefts; modifies penalties and record keeping requirements.

Pennsylvania

  H.B. 1742 

Creates the Scrap Material Theft Prevention Act. Requires scrap processors and recycling facility operators to collect information on the purchase of scrap metal for all transactions involving a catalytic converter.  Requires commercial accounts. Requires written permission of a seller's parents for persons under age 18. 

South Carolina   H.B. 3817

Relates to unlawful purchase or transportation of copper wire or copper pipe; includes aluminum and products containing a mixture of copper and aluminum; provides an exception for aluminum cans; requires recordkeeping and proper identification.

   

S.B. 134

Relates to dealers in precious metals; provides a definition of business; relates to a dealer's civil liability for damages to the true owner for knowingly purchasing stolen precious metal; includes  the purchase of a precious or semiprecious stone or gem, to require a reasonable inquiry by the dealer into the true ownership of the item. 

   

S.B. 966

Relates to unlawful purchase of copper; provides that the purchaser of certain metals from a person who is not an authorized retailer or wholesaler must pay by check or money order, and obtain the seller's identification number and license plate and maintain the record for five years; provides that it is unlawful to wilfully and maliciously cut, mutilate, or deface real property for the purpose of obtaining certain metals; provides civil liability for the victims of the attempted theft of certain metals.

South Dakota 

  S.B. 123 

Provides for certain requirements for the sale and purchase of nonferrous metal property; establishes certain penalties. 

Tennessee   H.B. 314

Requires dealers in scrap copper to take fingerprint from seller and maintain records of sale for five years.

    S.B. 833

Concerns Junk Dealers and Junkyards; requires certain information to be registered concerning persons who sell copper to any junkyards or surplus building supply dealers; requires the department of environment and conservation to conduct audits to ensure compliance and report suspicious sales to law enforcement.

    S.B. 1445

Concerns Junk Dealers and Junkyards; requires dealers in scrap copper to take fingerprint from seller and maintain records of sale for five years.

    

H.B. 902  

Same as S.B. 1038. Requires scrap metal dealers to be licensed by Commerce and Insurance and that the seller must provide valid photo identification or give thumbprint prior to transaction.

   

S.B. 2400 

Same as H.B. 2433. Requires all persons who engage in the scrap metal business to register with the department of commerce and trade. Prohibits the purchase of scrap metal from a seller unless the seller has a state or federally issued photo identification and provides a thumbprint; prohibits purchase of scrap metal from person under 18. Requires transaction record keeping for 3 years on site; relates to theft and criminal trespass.

Texas   H.B. 441

Relates to sales of regulated material to a secondhand metal dealer and to the criminal penalties for violations relating to those sales; requires provision to the dealer the make, model and license plate number of the motor vehicle used to transport the regulated material; requires identification and preservation of records for a specified time; relates to copper, brass, bronze and aluminium material in excess of a specified number of pounds.

    H.B. 1766

Relates to the punishment for theft of aluminum, bronze, or copper wiring or cable.

    H.B. 1767

Relates to the punishment for criminal mischief committed by persons interfering with certain transportation signs, signals, or devices; relates to theft of aluminum, bronze or copper wiring or cable.

Washington   H.B. 1987

Exempts property owners from injury caused to another person as a result of metal theft; provides that a public or private landowner is not liable for unintentional injuries to any person when the injury is caused by the theft of copper, aluminum, steel, or other metal material from property owned by the landowner.

    S.B. 6050 

Same as H.B. 1987 

    

S.B. 6098  

Establishes provisions relating to stolen metal property. During an investigation of metal theft, a recycler or scrap metal processor must provide any pertinent records.  Provides a $100 fine per transaction for any transactions in which the records required are materially missing, incomplete, or illegible; establishes provisions relating to protecting and recovering property owned by utilities, telecommunications, railroads, state agencies, political subdivisions of the state, construction firms, and other parties.

    H.B. 1251

Removes the exemption of transactions involving "metal junk;" provides for the preservation of evidence of metal theft; Addresses the issue of stolen metal property; declares that: (1) Because the current exemption of transactions involving metal junk has enabled the theft of stolen metal property, that exemption must be removed; (2) Uniform interpretation and enforcement of the laws governing pawnbrokers and second-hand dealers can be facilitated through precise clarification of the current law.

    H.B. 2858

Expands metal property provisions. 

Wisconsin   

A.B. 560

Provides for the determination of property value of scrap metal and other metal items for a theft conviction; creates a civil cause of action regarding scrap metal; provides penalties.

   

A.B. 429

Requires verification of the seller and documentation of the purchase; exempts aluminum cans of a specified value.

   

S.B. 225 

Regulates and provides penalties for the sale and purchase of scrap metal. A violator is subject to fine up to $10,000, imprisonment up to 3 years and 6 months, or both. Requires dealer to retain transaction forms for no less than 6 years.

NCSL Contacts

Kate Marks, Energy Program Director

Back arrow, return to previous page Energy

Visitor counts for this page.

Denver Office: Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230 | Map
Washington Office: Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001