City Decides To Wait On Metal Salvage Ordinance

A Topeka City Council committee isn't ready to scrap a proposed ordinance designed to deter the theft of salvage metals, but it is willing to wait and see if the Legislature addresses the issue.

City attorney Brenden Long told Councilmen John Nave and Brett Blackburn that any action the city takes regarding scrap metal could well be rendered moot if the state passes a law addressing the matter.

Nave and Blackburn, members of the council's three-person economic and community development committee, discussed but took no action on the issue.

The only measure discussed was an ordinance proposed in response to what authorities say has been an increase in the theft of scrap copper and aluminum. Blackburn said he personally has been victimized by the theft of copper wire.

The proposal would require dealers buying salvage materials in Topeka to require proof of identification from the seller as well as a statement signed under penalty of perjury that the seller is the legal owner of the salvage material or an agent of the legal owner.

The ordinance also would require salvage dealers to keep detailed records of their transactions and provide those each week to police. Dealers would be required to keep each scrap metal item they obtain in their possession for five days, excluding Sundays and national holidays, after Topeka police receive the transactions report listing that item.

Bob Bartunek, attorney for Galamba Metals, which operates a facility in North Topeka, told council members that the Legislature is considering a bill regarding the registration of copper or aluminum obtained by purchase or trade.

Committee members were provided a copy of that measure, House Bill 2035 http://www.kslegislature.org/bills/2008/2035.pdf. It would require dealers of junk, scrap metal or secondhand property to keep detailed written records of their transactions. The bill also would ban dealers from disposing of aluminum or copper for at least 15 days after they obtain it. Bartunek encouraged committee members to wait and see what the Legislature does before they take any action.

Preisner replied that he doubted the bill would pass in its current form.

Bartunek said he was "almost certain" the bill wouldn't pass in its current form.

But Bartunek said he found it significant that scrap metal dealers and others who have an interest in the matter are working to craft a compromise.

"When all the stakeholders want to pass something, something's going to get passed," he said. Topeka (Kansas) Capital Journal