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State Metals Theft Statutes

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State Metals Theft Statutes ISRI is the voice of the recycling industry, promoting safe, economically sustainable and environmentally responsible recycling through networking, advocacy and education. State Metals Theft Statutes Compiled as of September 23, 2021 © 2021 Institute of Scrap Recycling Industries, Inc. All Rights Reserved This document is provided as background information for ISRI members. It does not constitute legal advice. Scrap recyclers should consult their attorneys/legal advisors regarding the application of the law and regulations to each company’s individual circumstances. Other laws governing precious metals, secondhand materials, vehicles, and the like may apply. Table of Contents © 2021 Institute of Scrap Recycling Industries, Inc. All Rights Reserved Page 1 of 341 ISRI is the voice of the recycling industry, promoting safe, economically sustainable and environmentally responsible recycling through networking, advocacy and education. Introduction All 50 state legislatures have passed laws intended to combat the growth in metals theft over recent years. These laws impose varying requirements – including purchase restrictions, recordkeeping requirements, and oftentimes reporting and hold responsibilities on scrap metal purchasers. Unfortunately from a compliance standpoint there is no uniformity between state laws, and the states constantly work to amend their laws to better address the problems they face. All of these changes makes it increasingly challenging for recyclers to stay on top of current requirements. The purpose of this compendium is to assist recyclers in understanding the requirements imposed within their state by providing an up to date summary of the compliance requirements, organized by state. The summaries are intended to provide background information on the laws, and general assistance as to the provisions applicable. Hints when Reviewing State Summaries: • Materials Affected. Pay careful attention to the "Materials Covered and Other Definitions" provision at the beginning of each summary, as well as any Exemptions provisions. Different states will often use the same term ("regulated metal" being a favorite) to cover entirely different types of metals or transactions, and give varied exemptions for particular materials and entities. Some states even include a definition for "transaction" that can further limit their laws. ISRI has attempted to present the definitions and materials covered as clearly as possible; unfortunately, this occasionally means that we've had to reorder, rearrange, and even reword the definitions from how their presented in the state law. • State Law References. Each summary contains links and references to the state code being summarized as well as any amendments passed. Links are accurate as of the date of compilation; later changes to web addresses may render such unusable. • Moving within the document. The table of contents on the next page, as well as the "Overview of Provisions" section at the start of each summary, are set up with hyper-links so one can quickly and easily jump between the summaries and their individual provisions (e.g., “payment restrictions” or “reporting requirements”). • What these summaries do not contain. These summaries do not cover vehicle detitling or dismantling laws, or scrap yard / junk yard zoning and screening requirements, except where the laws covering such are intertwined with metal purchase and metal theft statutes. These summaries also do not include laws on the purchase and processing of precious metals, gems, and jewelry (often covering gold, silver, and platinum) or secondhand materials laws. If you are looking for this information, please feel free to contact ISRI directly. We hope these summaries provide useful guidance as you work to comply with the laws within your state. Of course the summaries are not intended to serve as legal advice. As such, ISRI recommends consulting an attorney or legal advisor regarding the application of the law and any regulations to specific situations you may encounter within your own operation. If you have any questions about any information contained within this document, please feel free to contact Danielle Waterfield, ISRI's Senior Director of Government Relations, at [email protected], or Justin Short, Legislative Analyst, at [email protected]. Table of Contents © 2021 Institute of Scrap Recycling Industries, Inc. All Rights Reserved Page 2 of 341 ISRI is the voice of the recycling industry, promoting safe, economically sustainable and environmentally responsible recycling through networking, advocacy and education. Table of Contents State Summaries Alabama Page Montana Page Alaska Page Nebraska Page Arizona Page 4 Nevada Page 171 Arkansas Page 13 New Hampshire Page 174 California Page 16 New Jersey Page 178 Colorado Pag 25 New Mexico Page 187 Connecticut Page 33 New York Page 190 Delaware Pagee 45 North Carolina Page 193 Florida Page 49 North Dakota Page 199 Georgia Page 55 Ohio Page 204 Hawaii Page 61 Oklahoma Page 211 Idaho Page 69 Oregon Page 214 Illinois Page 77 Pennsylvania Page 226 Indiana Page 81 Rhode Island Page 234 Iowa Page 87 South Carolina Page 245 Kansas Page 93 South Dakota Page 252 Kentucky Page 98 Tennessee Page 258 Louisiana Page 101 Texas Page 270 Maine Page 112 Utah Page 274 Maryland Page 119 Vermont Page 285 Massachusetts Page 126 Virginia Page 301 Michigan Page 131 Washington Page 307 Minnesota Page 137 West Virginia Page 311 Mississippi Page 139 Wisconsin Page 316 Missouri Page 150 Wyoming Page 326 156 333 164 339 These summaries are available individually along with additional information for recyclers on each state on ISRI's State Resources and Tracking page (members only). You can also use ISRI's publically-accessible State Metals Theft Law Database to compare provisions between the states using pre-made or custom reports. Table of Contents © 2021 Institute of Scrap Recycling Industries, Inc. All Rights Reserved Page 3 of 341 ISRI is the voice of the recycling industry, promoting safe, economically sustainable and environmentally responsible recycling through networking, advocacy and education. ALABAMA Alabama Code Title §13A, Chapter 8, Article 1A Secondary Metal Recycling §13A-8-30 to §13A-8-39 Table of Contents © 2021 Institute of Scrap Recycling Industries, Inc. All Rights Reserved Page 4 of 341 ISRI is the voice of the recycling industry, promoting safe, economically sustainable and environmentally responsible recycling through networking, advocacy and education. Alabama Metal Scrap Statute This document is provided as background information for ISRI members. It does not constitute legal advice. Scrap recyclers should consult their attorneys/legal advisors regarding the application of the law and regulations to each company’s individual circumstances. Other laws governing precious metals, secondhand materials, vehicles, and the like may apply. Current as of September 30, 2019 Overview of Provisions (use the links to travel directly to that section) • Materials Covered and Other Definitions • No Purchase from Minors • Exemptions • Hours of Operation • Registration • Hold By Request • Recordkeeping • Possession or Control of Stolen Property • Restricted Property - Documentation • Contesting Identification or Ownership • Retention • Liability Protection • Inspection • Penalties • Reporting • Preemption • Information Confidentiality • References and Recent Amendments • Payment Restrictions Materials Covered and Other Definitions (edited for clarity and conciseness) "Metal Property" means Ferrous or Nonferrous Metals. "Ferrous Metals" means any metals containing significant quantities of iron or steel, but excludes motor vehicles purchased in accordance with § 32-8-87. "Nonferrous Metals" means metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum other than aluminum cans, bronze, lead, zinc, nickel, stainless steel, and alloys thereof, including stainless steel beer kegs. Restricted Property, as used in this summary, refers to the property listed in § 13A-8-37.1: • Catalytic convertors that are not part of an entire motor vehicle. • Metal property of a telephone, electric, cable, or water company, another utility, or a railroad marked or otherwise identified as such. • Copper wire that has been burned to remove the insulation. • A copper, aluminum, or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating or air conditioning unit, excluding scrap from window air conditioning units and automobile condenser coils. • Utility access covers, manhole covers, or storm drain covers. • Grave markers, vases, memorials, statues, plaques, or other bronze objects used at a cemetery or other location where deceased persons are interred or memorialized, or any other metal historic markers or monuments, or the attached support or post to either. • Any metal property that has been brightly painted or marked to deter theft. • Ventilation fans or similar fans designed to supply fresh air to workers in confined spaces such as underground mines or other similar circumstances. 1 Alabama Code Title §13A, Chapter 8, Article 1A Secondary Metal Recycling § 13A-8-30 to § 13A-8-39 © 2019 Institute of Scrap Recycling Industries, Inc. All Rights Reserved ISRI.org Page 5 of 341 ISRI is the voice of the recycling industry, promoting safe, economically sustainable and environmentally responsible recycling through networking, advocacy and education. "Secondary Metals Recycler" means any person, whether
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