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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
metal theft study committee
Purpose
Allows the President of the Senate and the Speaker of the House of Representatives to appoint a Joint Legislative Committee on Metal Theft (Joint Committee) to review and report on the effectiveness of scrap metal dealer (dealer) regulations in deterring crime and the associated industry compliance costs.
Background
Statute regulates dealers and prohibits cities, towns and counties from enacting or enforcing ordinances, rules or regulations that conflict with statute. A dealer is a person or business entity, except licensed automotive recyclers, that is engaged in the business of purchasing, trading, bartering or otherwise receiving secondhand or castoff material commonly known as scrap metal. Dealers must register with the Department of Public Safety (DPS) and update registration information every two years (A.R.S. § 44-1641)
Dealers must maintain scrap metal transaction records (transaction records) for one year and submit the records to DPS within 24 hours after receiving the scrap metals. Each transaction record must include: 1) the seller's name, physical description, address, date of birth, signature, photo identification, transaction privilege tax number and right index fingerprint; 2) a photograph and an identifying description and weight of the specific scrap metal received; 3) a photograph or video or digital record of the seller; 4) the number and state of issuance of the license on the vehicle used for delivery; and 5) the date, time, place and amount of the transaction. DPS provides law enforcement agencies with access to a database of all records for investigative and compliance purposes. Failure to comply with the recordkeeping requirements is a class 1 misdemeanor (A.R.S. Title 44, Chapter 11, Article 3.1; DPS).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the President of the Senate and the Speaker of the House of Representatives to appoint the Joint Committee for the Fifty-Sixth Legislature, Second Regular Session, composed of legislators and directs the Joint Committee to review:
a) the effectiveness of dealer regulations in deterring crime; and
b) the associated industry compliance costs.
2. Allows the Joint Committee to report its findings to the President of the Senate and the Speaker of the House of Representatives by December 1, 2024.
3. Terminates the Joint Committee on January 1, 2025.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2024
MG/JC/cs