An Act To Prevent the Theft of Certain Metals
Maine Legislature, Session 123, LD 2124
Committee: Business, Research and Economic Development
Sponsors: BERRY, KOFFMAN, BLISS, BOLAND, CUMMINGS, RECTOR, BARTLETT, SMITH

Legislative Document 
No. 2124 
H.P.1504 
House of Representatives, January 3, 2008 
An Act To Prevent the Theft of Certain Metals 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
'7JJ~ 1I7.1lltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Representative KOFFMAN of Bar Harbor and 
Representatives: BLISS of South Portland, BOLAND of Sanford, Speaker CUMMINGS of 
Portland, RECTOR of Thomaston, Senators: BARTLETT of Cumberland, SMITH of 
Piscataquis. 
Printed on rel.:ycleu paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA c. 183, sub-c. I-A is enacted to read: 
SUBCHAPTER I-A 
SCRAP METAL RECYCLERS 
§3771. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1. Beveraee container. "Beverage container" means a can, bottle, jar or other 
container made of aluminum or metal that is sealed by a manufacturer. 
2. Nonferrous metal. "Nonferrous metal" means a metal that does not contain 
significant quantities of iron or steel. "Nonferrous metal" includes the following metals 
and their alloys: 
A. Copper; 
B. Brass; 
C. Aluminum; 
D. Bronze; 
E. Lead; 
F. Zinc; and 
G. Nickel. 
3. Record. "Record" means information that is inscribed on a tangible medium or 
that is stored in an electronic or other medium and is retrievable in perceivable form. 
4. Scrap metal. "Scrap metal" means bits and pieces of metal parts that may be 
combined together with bolts or soldering and can be recycled when worn or superfluous. 
5. Scrap metal processor. "Scrap metal processor" means a person that, from a 
fixed location, engages in the business of using machinery or equipment for the 
processing or manufacturing of iron, steel or nonferrous metal scrap. 
6. Scrap metal recycler. "Scrap metal recycler" means any person that purchases 
scrap metal in quantities of less than 5,000 pounds. 
7. 
Seller. 
"Seller" means any person that receives in a transaction monetary 
consideration from a scrap metal recycler in exchange for nonferrous metal, iron or steel. 
"Seller" does not include a person that sells scrap metal generated in a manufacturing or 
production process and sold to a scrap metal recycler under a contract or an agreement. 
§3772. Permit required 
A person may not establish, operate or maintain a business as a scrap metal recycler 
without first obtaining a nontransferable permit from the municipal officers of the 
municipality in which the scrap metal recycling business is to be located or from the 
county commissioners of the county of any unorganized territory in which the scrap metal 
recycling business is to be located. A permit issued to a scrap metal recycling business 
under this section is valid for 5 years from the date of issuance and is renewable as long 
as the permit holder furnishes a sworn statement, annually on the anniversary date of the 
granting of the permit. that the facility complies with the standards of operation 
applicable at the time of issuance of the permit. 
§3773. Records of purchases maintained by scrap metal recyclers 
1. Requirement. Except as provided in subsection 2, a scrap metal recycler doing 
business in the State shall maintain an accurate and legible record of each scrap metal 
purchase transaction that exceeds 100 pounds or $50. 
2. Exception. A scrap metal recycler doing business in the State is not required to 
maintain individual records concerning a series of scrap metal purchase transactions 
7 
made pursuant to a contract. 
3. Information required. The record of each scrap metal purchase transaction 
required under subsection I must contain the following information: 
A. The name, address, gender, birth date and identifYing number from the seller's 
driver's license, military identification card, passport or other form of government-
issued photo identification. Information required under this paragraph may be 
maintained for repeat sellers in a relational database that allows the scrap metal 
recycler to record the information one time and relate future purchase records to that 
information; 
B. The date of the scrap metal purchase transaction; 
C. A general description of the predominant types of scrap metal purchased, which 
must be made in accordance with the custom of the trade; 
D. A general description of the configuration of the scrap metal and whether the 
material is insulated; 
E. The weight, quantity or volume, recorded in accordance with the custom of the 
trade, of the scrap metal purchased; and 
F. The consideration paid. 
§3774. Information provided to scrap metal recyclers 
A seller shall provide the following information to a scrap metal recycler: 
1. Identification. A copy of a driver's license, military identification card, passport 
or other form of government-issued photo identification; and 
I 
2. 
Authorization to sell. A signed statement that the seller is the owner or IS 
otherwise authorized to sell the scrap metal. 
§3775. Maintenance of records and statements 
The records required under section 3773, subsection 3 and the statements required 
under section 3774, subsection 2 must be: 
1. Retain for one year. Kept for a period of I year; 
2. Availability. Made available to any law enforcement office of the State and any 
municipality or county; and 
3. Use in legal proceedings. Made available for use in any legal proceeding. 
§3776. Application 
II 
This subchapter does not apply to transactions: 
1. Certain transactions between scrap metal processors. In which a scrap metal 
processor purchases, transfers or otherwise conveys scrap metal to another scrap metal 
processor if the purchaser or transferee obtained a bill of sale or similar document at the 
time of transfer; or 
2. Beverage containers. Involving only beverage containers. 
§3777. Restrictions on the purchase of certain items 
A seller may not sell and a scrap metal recycler may not purchase the following scrap 
metal unless the seller provides, in addition to the seller's statement required pursuant to 
section 3774, subsection 2, reasonable, written documentation that the seller is the owner 
of the scrap metal or is an employee, agent or other person authorized to sell the scrap 
metal on behalf of the owner: 
1. 
Marked with certain initials. 
Scrap metal marked with the initials of an 
electrical, telephone, cable or other public utility or a beer manufacturer; 
2. Utility access covers. Utility access covers; 
3. Street lights. Street light poles and fixtures; 
4. Guard rails. Road and bridge guard rails; 
5. Street signs. Highway or street signs; 
6. Water meter covers. Water meter covers; 
7. Beer kegs. Metal beer kegs including those made of stainless steel that are clearly 
marked as being the property of the beer manufacturer; 
8. Traffic signs. Traffic directional and control signs; 
9. Traffic signals. Traffic light signals; 
10. Marked; governmental entity. Any scrap metal marked with the name of a 
government entity; 
11. Marked; utility or railroad. Property owned by a telephone, cable, electric, 
water or other utility or by a railroad and marked or otherwise identified as such; 
12. Certain construction or utility materials. Unused and undamaged building 
construction or utility materials consisting of copper pipe, tubing or wiring or aluminum 
wIre; 
13. Historical markers. Historical markers; and 
14. Grave markers. Grave markers and vases. 
II 
This section does not apply to transactions in which a scrap metal processor 
purchases, transfers or otherwise conveys scrap metal to another scrap metal processor. 
§3778. Theft notification 
1. 
Notification to scrap metal recyclers. 
A person may notify a scrap metal 
IS 
recycler of nonferrous metal of a known or presumed theft of nonferrous metal products, 
setting forth any information concerning the theft that might be available to that person, 
including without limitation: 
A. The approximate quantity and size of the nonferrous metal products stolen; 
B. The geographical area from which the nonferrous metal products were reported 
missing or presumed stolen; and 
C. Any specific distinguishing marks on or in the nonferrous metal products or other 
method of identifying the nonferrous metal products. 
2. Notification to law enforcement. If notice of a known or presumed theft of 
nonferrous metal products is given to a scrap metal recycler pursuant to subsection 1 and, 
within 90 days after the notice, nonferrous metal products meeting the description in the 
notice are purchased by the scrap metal recycler or offered for sale to the scrap metal 
recycler, then the scrap metal recycler shall notify the local police or sheriffs department 
that the nonferrous metal products were purchased by or offered for sale to the scrap 
metal recycler. 
3. 
Application. 
This section does not apply to transactions that involve only 
beverage containers. 
§3779. Sales by minors 
1. Prohibition. A scrap metal recycler may not purchase or otherwise receive in the 
course of business scrap metal that is claimed by any minor or that may be in the 
possession of or under control of a minor, unless: 
A. The minor is accompanied by the minor's parent or guardian; and 
B. The parent or guardian states in writing that the transaction is taking place with 
the parent's or guardian's full knowledge and consent. 
2. Retention of statement. A scrap metal recycler shall preserve and keep on file 
and make available for inspection the written statement required by subsection 1, 
paragraph B for not less than 3 years. 
§3780. Penalties 
1. Violation. A person who violates this subchapter commits a Class E crime. 
2. False information. A person that knowingly gives false information with respect 
to the matters required to be maintained in the records provided for in this subchapter 
commits a Class E crime. 
SUMMARY 
The purpose of this bill, which is based on Arkansas law, is to prevent the theft of 
certain metals. Specifically, this bill: 
l. 
Requires that scrap metal recyclers doing business in the State maintain an 
accurate and legible record of each scrap metal purchase transaction in excess of 100 
pounds or $50; 
2. Requires that a seller of scrap metal provide to the purchaser identification and a 
signed statement that the seller is the owner or is otherwise authorized to sell the scrap 
metal; 
3. 
Restricts the sale and purchase of certain items without reasonable, written 
documentation that the seller is the owner of the scrap metal or is authorized to sell the 
scrap metal; 
4. Provides that, if notice of a known or presumed theft of a product is given to a 
scrap metal recycler and, within 90 days after the notice, a product meeting the 
description in the notice is purchased by the scrap metal recycler or offered for sale to the 
scrap metal recycler, then the scrap metal recycler must notify a law enforcement agent; 
and 
5. Prohibits the purchase of scrap metal from a minor without consent of the parent 
or guardian.