Wisconsin Anti-Theft Bill Goes Into Effect March 26

A state of Wisconsin bill that aims to reduce the amount of scrap metal theft will go into effect March 26. The bill was signed into law by Governor Jim Doyle on March 11, after passing the Wisconsin House and Senate. The law, originally Senate Bill 473, aims to establish better record-keeping by scrap metal recyclers in the state.

Act 64 calls for any dealer purchasing nonferrous scrap, a metal article, or a proprietary article from any person over age 18 must do the following: photographic identification from the seller or deliverer; records the seller’s or dealer’s identifying information, the license plate number of the seller’s or deliverer’s vehicle, and certain descriptive information about the scrap or article; obtain photographic or video images showing the seller’s or deliverer’s vehicle and the vehicle’s license plate; and for a purchase of nonferrous scrap or a metal article, obtain the seller’s signed declaration that the seller is the owner of the items being sold.

For a purchase of a proprietary article, a dealer must additionally do one of the following: obtain documentation establishing that the seller lawfully possesses the article; or document that the dealer has made a diligent inquiry into the seller’s right to sell the article and submit a report describing the article to a local law enforcement department. Under the bill, less stringent recordkeeping requirements apply to transactions with certain sellers that are business or governmental entities.

The bill requires a dealer to make the record available to a law enforcement officer or security agent and to maintain the record for at least two years after recording it. Under the bill, a local law enforcement officer may request that all dealers in the jurisdiction report all purchases of nonferrous scrap, metal articles, and proprietary articles.

In a related note, the state of Tennessee also has approved a bill that aims to reduce the theft of nonferrous metals in that state.

By a vote of 91-0 the Tennessee House of Representatives passed an anti-theft bill. Similar to the Wisconsin bill, as well as other states, which have passed anti-theft bills, sellers would be required to show a photo identification when selling material.

This followed a companion bill, passed by the Tennessee Senate by a vote of 26-0.