An Act To Prevent the Theft and Illegal Sale of Copper and Other Metals
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the theft of copper and other metals and their subsequent sale as scrap metal is a growing problem in Maine and the nation; and
Whereas, the theft of metal, such as catalytic converters, manhole covers and traffic signs, places members of the public in jeopardy; and
Whereas, without further restrictions on the sale of scrap metal, the theft of scrap metal will continue to grow, further endangering lives and the well-being of the public; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 30-A MRSA §3772, sub-§1, as enacted by PL 2007, c. 549, §1, is amended to read:
Sec. 2. 30-A MRSA §3772, sub-§1-A is enacted to read:
Sec. 3. 30-A MRSA §3772, sub-§3, ¶A, as enacted by PL 2007, c. 549, §1, is amended to read:
Sec. 4. 30-A MRSA §3772, sub-§3, ¶F, as enacted by PL 2007, c. 549, §1, is amended to read:
Sec. 5. 30-A MRSA §3772, sub-§3, ¶G, as enacted by PL 2007, c. 549, §1, is amended to read:
Sec. 6. 30-A MRSA §3772, sub-§3, ¶H is enacted to read:
Sec. 7. 30-A MRSA §3775-A is enacted to read:
§ 3775-A. Holding period; inspection
A scrap metal processor shall retain and make available for inspection by a law enforcement officer for a minimum of 72 hours, not including weekends or holidays, scrap metal purchased by that scrap metal processor.
Sec. 8. 30-A MRSA §3777, as enacted by PL 2007, c. 549, §1, is repealed.
Sec. 9. 30-A MRSA §3778 is enacted to read:
§ 3778. Penalties
The following penalties apply to the following violations of this subchapter.
Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
As used in this subsection, "receives" means acquiring possession, control or title or lending on the security of the scrap metal. For purposes of this subsection, scrap metal is "stolen" if it was obtained or unauthorized control was exercised over it in violation of this subchapter or Title 17-A, chapter 15.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This bill makes the following changes to the laws regulating the sale and purchase of scrap metal.
1. Current law regulates transactions involving more than 100 pounds or $50 of scrap metal. This bill removes that limitation so that the law applies to all scrap metal transactions.
2. Current law requires the seller to be paid with a check. This bill strengthens that limitation by requiring the check to be mailed to the seller's physical address.
3. Current law requires a scrap metal processor to record certain information regarding the seller of scrap metal, such as name, address and gender. This bill requires the scrap metal processor to also photocopy the form of photo identification presented and record the distinct identifying number of that photo identification. If the proof of identification contains a photograph that is faded, out of date or otherwise indiscernible, the scrap metal processor is required to photograph the seller. The bill also requires the scrap metal processor to record the make, model and number and state of issue of the license plate of the vehicle being used to deliver the scrap metal.
4. This bill requires a scrap metal processor to retain any scrap metal received for 72 hours, not including weekends and holidays, and to make the scrap metal available for inspection by law enforcement. If a law enforcement officer has a reasonable suspicion that the scrap metal is stolen, the officer may, in writing, require the scrap metal processor to retain the scrap metal for 15 days; this holding period may be extended by no more than 15 additional days.
5. Current law provides that a violation of the laws regulating scrap metal purchases and sales is a civil violation. This bill makes a first violation of providing false information a Class D crime and a first violation of receiving stolen scrap metal a Class E crime; a 2nd or subsequent violation of those prohibitions is a Class C crime. A scrap metal processor is also subject to mandatory fines ranging from $1,000 to $5,000 and a 6-month suspension from scrap metal processing, depending on the number of violations.