HCS SCS SB 1034 & 802 -- METAL THEFT

SPONSOR:  Mayer (Kraus)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Utilities by a vote of 8 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 of $500 or
more 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 punishable only
by fine;

(4)  Prohibits scrap metal dealers from purchasing items such as
manhole covers, street signs, bleachers, or guardrails that are
reasonably identifiable as belonging to a cemetery, political
subdivision, electric cooperative, or utility.  These items may
be sold only with proof of ownership.  Any person violating this
provision will be guilty of a class B misdemeanor; and

(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.

The substitute contains an emergency clause.

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 metal theft creates serious
safety hazards by destroying infrastructure and creating
electrocution risks.  Theft of city property such as street
lights and manhole covers can lead to injury.

Testifying for the bill were Senator Mayer; Missouri Chamber of
Commerce and Industry; AmerenUE; Empire District Electric
Company; Kansas City Power and Light; Association of Missouri
Electric Cooperatives; Metropolitan St. Louis Sewer District;
Missouri Park and Recreation Association; Missouri
Telecommunications Industry Association; CenturyTel; Missouri
Agribusiness Association; Missouri Farm Bureau; Missouri
Association of Relators; Anheuser-Busch Companies, Incorporated;
and Recycle Missouri.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:13 pm