The Institute of Scrap Recycling Industries (ISRI) applauded the National Conference of State Legislatures (NCSL) for joining the growing chorus of state leaders opposing Congressional attempts to impose a problematic federal solution to combat metal theft.
In a letter sent earlier this month to all U.S. Senators, NCSL wrote that a federal metals theft law “may preempt some state laws and hinder the work that is underway in the states to battle this problem.”
“A federal metals theft law is simply unnecessary since all 50 states have already enacted metals theft legislation,” said Robin Wiener, president of ISRI. “Recyclers across the country have worked closely with law enforcement and elected officials to pass strong legislation to effectively address the specific needs of their communities. A federal law would only add a layer of complexity and confusion for federal, state, and local law enforcement, prosecutors, and recyclers.”
In the 113th Congress, S. 394 was introduced in an effort to reduce metals theft. Unfortunately, the legislation contained a number of provisions in conflict with state laws while adding a layer of bureaucracy leading to confusion for stakeholders. No bill has yet been introduced this Congress, but an attempt was recently made to use similar language as part of an amendment offered to the National Defense Authorization Act. In response, NCSL issued its letter outlining a number of its concerns, including the use of uniform standards. The letter stated, “The current state laws regarding metal theft contain differences, but do so in order to address each state’s particular needs. Uniform standards may lead to confusion rather than clarity regarding whether state or federal laws apply. This may hinder the progress made in enforcing metal theft on a state-by-state basis, and may also have a negative effect upon prosecution efforts.”
Published in the September 2015 Edition of American Recycler News