AZ Governor Signs Scrap Metal Theft Bill

Arizona Governor Janet Napolitano has signed into law House Bill 2314, which aims to stem the soaring problem with scrap metal theft, primarily nonferrous metal. Napolitano signed the bill on May 8, and it went into effect immediately.

The signing of the bill follows both the Arizona State Senate and the House passing the bill overwhelmingly. The Senate passed the bill 26-3, while the House passed it by a vote of 55-0.

The bill targets the sale of nonferrous metal. Sponsor of the bill, Jerry Weiers, R-Glendale, said that while a number of components of the bill follow those introduced by other states, including fingerprinting and photographing all the scrap metal sellers, what he hopes will put the biggest dent in the scrap metal theft is the requirement that payments for large orders require the mailing of a check, rather than the payment of cash at the time the person drops off the metal. To lessen the onus on the scrap dealers, Weiers says that dealers have until Aug. 1 to get their operations in compliance with the new law.

Arizona already has a low requiring scrap metal recyclers keep detailed records of all transactions greater than $25. Sellers of used beverage cans are exempt from the law.

"Basically it helps law enforcement track down anyone who would sell stolen property," Weiers says. The checks can’t be sent to a post office box. "We are trying to make it as easy as possible for the scrap dealers," he adds.

Companies or who have an EIN or business license would be exempt from having checks mailed to them.

Weiers acknowledges that in discussions with some scrap metal recyclers there was concern about the impact that the law would have on their business. However, he notes that he is very concerned about the ability for nonferrous scrap metal recyclers to remain viable, and says that there are a number of people who are seeking even greater restrictions on scrap recyclers, including some who are seeking to require scrap metal recyclers hold the metal for a certain number of days before they can be sold.