An Act To Prevent the Theft and Illegal Sale of Copper and Other Metals
Maine Legislature, Session 125, LD 1708
Committee Amendment CA_A_H791 (House)
Amends: 30-A MRSA §3, 30-A MRSA §3778

COMMITTEE AMENDMENT "A" to H.P. 1260, L.D. 1708, Bill, "An Act To 
Prevent the Theft and Illegal Sale of Copper and Other Metals" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 30-A MRSA §3 771, su b-§5, as enacted by PL 2007, c. 549, § 1, is 
amended to read: 
5. Scrap metal processor. "Scrap metal processor" means a person that, from a 
fixed location, purchases scrap metal for resale or recycling.' 
Amend the bill in section 2 in subsection I-A by striking out all of the last underlined 
sentence (page 1, lines 26 to 28 in L.D.) 
Amend the bill in section 3 in paragraph A in the 7th line (page 1, line 37 in L.D.) by 
inserting after the following: "seller." the following: 'A scrap metal processor shall keep 
these proof of identification records in a secure, nonpublic location and, unless otherwise 
permitted by law, may not publish, reproduce, distribute or disclose these records for any 
other purpose than that described in section 3773, subsection 2.' 
Amend the bill in section 5 by striking out all of paragraph G (page 2, lines 8 and 9 in 
L.D.) and inserting the following: 
'G. A signed statement that the seller is the owner or is otherwise authorized to sell 
the scrap metal~ on a form provided by the buyer that conspicuously bears the 
warning that making a false statement is a Class D crime under Title 17 -A, section 
453; and' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 30-A MRS A §3775-A is enacted to read: 
§3775-A. Holding period; inspection 
1. Seven-day hold. If a law enforcement officer has a reasonable suspicion that 
scrap metal being held by a scrap metal processor is stolen or related to criminal activity, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H.P. 1260, L.D. 1708 
the officer may issue a written order to the scrap metal processor, specifying the scrap 
metal that must be retained and the length of time, which may not exceed 7 days, that the 
scrap metal processor must retain the identified scrap metal. 
2. Additional 7-day hold. Prior to the expiration of the time period of the hold 
pursuant to subsection 1, a law enforcement officer may impose an additional hold 
period, which may not exceed 7 days. 
The law enforcement officer imposing the 
additional hold shall provide the scrap metal processor with a written description of the 
scrap metal to be retained and the length of time the scrap metal processor must retain the 
identified scrap metal.' 
Amend the bill by striking out all of section 9 (page 2, lines 30 to 34 and page 3, lines 
to 35 in L.D.) and inserting the following: 
'Sec. 9. 30-A MRSA §3778 is enacted to read: 
§3778. Violation; penalties 
1. Violation. A person may not violate this subchapter. 
2. Penalties. In addition to any other penalties provided by law, the following 
penalties apply to violations of this subchapter: 
A. A person who violates this subchapter commits a civil violation for which a fine 
of $1 ,000 must be adjudged; 
B. A person who violates this subchapter after having previously been adjudicated of 
violating this subchapter commits a civil violation for which a fine of $3,000 must be 
adjudged; and 
C. A person who violates this subchapter after having previously been adjudicated of 
violating this subchapter more than once commits a civil violation for which a fine of 
$4,500 must be adjudged and is prohibited from acting as a scrap metal processor for 
months. 
Sec. 10. Department of Public Safety to review the proposed development 
of an integrated criminal alert network for scrap metal thefts. 
Beginning 
September 1, 2012, the Commissioner of Public Safety shall review the merits of using a 
statewide integrated criminal alert network to track scrap metal thefts across the State, as 
well as the costs associated with requiring scrap metal processors and local law 
enforcement agencies to access and use a database designed for the purpose of alerting 
participating members to scrap metal thefts. The commissioner shall report by January 
15, 2013 to the joint standing committee of the Legislature having jurisdiction over labor, 
commerce, research and economic development matters regarding the merits and costs of 
using such a network. The joint standing committee may report out a bill implementing 
the recommendations in the report to the First Regular Session of the 126th Legislature.' 
SUMMARY 
This amendment broadens the definition for "scrap metal processor" to include any 
scrap metal processors that purchase scrap metal, whether from a fixed location or not. It 
adds the requirement that the signed statement made by the seller that the seller is the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1260, L.D. 1708 
owner or is otherwise authorized to sell the scrap metal be made on a form provided by 
the buyer that conspicuously bears the warning that making a false statement is a Class D 
crime under the Maine Revised Statutes, Title 17-A, section 453, 
The amendment removes the 72-hour minimum hold for all scrap metal purchased by 
the scrap metal processor. It also amends the holding period and the additional holding 
period that apply if a law enforcement officer has a reasonable suspicion that scrap metal 
being held by a scrap metal processor is stolen from 15 days to 7 days, It also clarifies 
that if a law enforcement officer has a reasonable suspicion that the scrap metal may be 
related to criminal activity, the officer may impose a hold, 
It also removes the section of the bill that proposes to establish new crimes, which are 
already addressed under current provisions of the Maine Criminal Code, It provides for 
mandatory fines to be adjudged for civil violations of the scrap metal processors laws. 
It requires the Commissioner of Public Safety to review the concept of using a 
statewide integrated criminal alert network to track scrap metal thefts across the State, as 
well as the costs associated with requiring scrap metal processors and local law 
enforcement agencies to access a database designed for the purpose of alerting 
participating members to scrap metal thefts. It requires the commissioner to report back 
to the joint standing committee of the Legislature having jurisdiction over labor, 
commerce, research and economic development matters as to the merits and costs of 
using such a network by January 15, 2013. It authorizes the joint standing committee to 
report out a bill implementing the recommendations in the report to the First Regular 
Session of the 126th Legislature. 
FISCAL ~OTE REQuIRED 
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COMMITTEE AMENDMENT 
Approved: 03113112 
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LD 1708 
LR 2405(02) 
An Act To Prevent the Theft and Illegal Sale of Copper and Other Metals 
Fiscal Note for Bill as Amended by Committee Amendment "~,, eN -1Cf 0 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. The collection of additional fines may also increase General Fund revenue 
by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with issuing written orders imposing hold periods on 
scrap metal processors, reviewing the merits of using a statewide integrated criminal alert network to track scrap metal 
thefts and reporting the results can be absorbed within existing budgeted resources and with existing staff. 
LR2405(02) - Fiscal Note - Page I of 1