West Virginia Senate Bill SB28

West Virginia 2023 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23

Caption

Relating to nonferrous metal sales and transportation to secondary recycler

Impact

The implications of SB 28 on state laws are significant, as it introduces new permitting requirements that preempt local ordinances regarding the sale and transportation of nonferrous metals. This centralization of control is designed to combat theft and fraud related to metal recycling, enhancing transparency and accountability in the sector. Additionally, the bill outlines criminal penalties for violations, escalating from misdemeanors to felonies based on the severity of the infraction, especially in cases of knowingly transporting stolen metals.

Summary

Senate Bill 28, introduced by Senator Smith, aims to regulate the sale and transportation of nonferrous metals in West Virginia. The bill mandates that secondary metals recyclers obtain permits to purchase these metals, which include various materials such as copper, aluminum, and lead-acid batteries. Each permit will be valid for two years and requires a fee, while the bill outlines stringent identification and record-keeping measures for sellers and purchasers to facilitate compliance and traceability in transactions. It also includes provisions for law enforcement to place holds on potentially stolen nonferrous metals.

Sentiment

Overall sentiment surrounding SB 28 appears to be mixed. Supporters advocate for the bill as a robust countermeasure against metal theft, which has been a growing issue in the state. They argue that the proposed regulations will help protect both businesses and individuals by providing a framework for legitimate sales and discouraging illegal activities. However, critics express concerns about the potential burden on small recyclers and sellers, citing that the permit process may create challenges for honest transactions and lead to increased costs in compliance.

Contention

Certain contentious points have arisen in discussions about SB 28. Opponents argue that the stringent permitting process could disproportionately affect smaller recyclers and discourage recycling efforts overall. Additionally, the preemption of local rules has raised concerns among municipal leaders who feel that existing local regulations address specific community needs. The penalties outlined for various infractions, particularly around the handling of stolen goods, are also under scrutiny, with concerns about their appropriateness relative to the severity of potential offenses.