WV Scrap Metal Bill Vetoed

A West Virginia House Bill that addressed the problem with scrap metal theft in the state was vetoed by the West Virginia governor on March 21.

The bill, HB 2748, was designed to amend the receipt and transfer of scrap metal, including imposing added reporting and record retention requirements on sales of nonferrous metals, as well as steel railroad track and track material.

The bill also sought to clarify the procedure by which law enforcement could take custody of the material.

Another issue that caused concern was that a company that was convicted for a second offense, could, in addition to being fined, have their business license suspended for six months, and any subsequent conviction cold be incarcerated for up to two years, and have all their business licenses revoked.

In vetoing the bill, Governor Joe Machin III said that the bill would "impermissibly infringe on the civil liberties of scrap metal dealers under the Constitution of the State of West Virginia and of the United States."

The bill, he noted, would allow law enforcement officers at any time during an investigation require the purchaser to present items for inspection.