HCS HB 1512 -- SCRAP METAL

SPONSOR:  Emery (Kraus)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Utilities by a vote of 10 to 0.

This substitute changes the laws regarding the sale and theft of
scrap metal.  In its main provisions, the substitute:

(1)  Requires purchasers of scrap metal to keep a record of each
transaction including a copy of a federal or state-issued form of
identification from the seller, the date and time of delivery,
and a description and weight of all metals purchased.  Scrap
metal includes any aluminum, copper, brass, or bronze wire;
cable; pipe; tubing; bar; ingots; rod; fitting; fastener; or
farming material.  Records are required to be kept for a minimum
of 24 months and must be available for inspection by law
enforcement.  Any person violating this provision will be guilty
of a class A misdemeanor.  Transactions not exceeding $50 or
transactions between scrap metal dealers with fixed business
locations are exempt from the record-keeping requirement;

(2)  Requires scrap metal dealers to make any payment over $50 by
check, electronic transfer, or any other method in which a
financial institution maintains a record of the transaction;

(3)  Prohibits scrap metal dealers from purchasing metal beer
kegs of six gallons or more unless purchasing them from the
brewer or its representative.  Any person violating this
provision will be guilty of a class A misdemeanor;

(4)  Prohibits scrap metal dealers from purchasing items such as
manhole covers, street signs, bleachers, or guardrails that are
identifiable as belonging to a political subdivision, electric
cooperative, or utility.  Any person violating this section will
be guilty of a class B misdemeanor;

(5)  Specifies that any person who steals or appropriates wire or
other devices that are associated with transmitting
telecommunications or conducting electricity will be guilty of a
class C felony; and

(6)  Specifies that any person who steals or appropriates any
property on the premises of an electric cooperative or municipal
utility or utility regulated by the Missouri Public Service
Commission will be guilty of a class D felony.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
less than $100,000 in FY 2009, FY 2010, and FY 2011.  No impact
on Other State Funds in FY 2009, FY 2010, and FY 2011.

PROPONENTS:  Supporters say that the bill will help prevent the
theft of metal, city property, and utility property as well as
theft from new homes which is an increasing problematic crime in
Missouri.  Theft of copper results in large financial losses to
utilities and damage to telecommunications and electric
infrastructure.  Safety hazards often arise when copper theft
results in damage to electric lines and power stations.

Testifying for the bill were Representative Kraus; Missouri
Telecommunications Industry Association; Dwayne Cartwright,
Intercounty Electric Cooperative; Missouri Beer Wholesalers
Association; Anheuser-Busch Companies, Incorporated; Missouri
Farm Bureau; Metropolitan St. Louis Sewer District; Springfield
City Utilities; Empire District Electric Company; Aquila;
Missouri Park and Recreation Association; Missouri Association of
Realtors; Gary Majors; and Roger Lewis and Wayne Stewart, Kansas
City Police Department.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say it should not include
a tag and hold provision and the sale of items such as kegs
should be allowed with proper documentation from the producer.  A
list of persons convicted of metal theft should periodically be
given to scrap metal dealers, and photographic identification
requirements should be clear.

Testifying on the bill were Recycle Missouri, Incorporated; Brian
Barton; and Mark Hereford.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm