As states wrap up their sessions (or keep going in a fight to close budget gaps) bills can be killed, resurrected, and passed all in a single day.
We've listed some of the latest bills to pass or see movement below,
but you can always check ISRI's State Legislative Tracking System for the
latest, or view links to current law and newly passed bills impacting the
industry on the State-Specific Resources page; you can access both from ISRI's State
Policy page. (Please note, due to the fast pace of changes in the states,
some of the bills below may have already passed or failed since the time this
summary was written.)
Following significant negotiations on vehicle detitling in Tennessee, SB 1098 was ultimately
enacted with language supported by the industry. The new law requires
additional information be collected from individuals who want to sell vehicles
without a title. The vehicles must be at
least 12 years old, have been reported to NMVTIS if applicable and must be
accompanied by a statement from the owner that the vehicle is not subject to
any security interest or lien, as well as collection of the seller's right
thumbprint.
Metals theft continues to be a moving target in the
states. In Minnesota, SF 878 was signed late in May to repeal the Minneapolis
Automated Property System database proposed and enacted in the 2013/14
legislation. The repealed provision would have required the City of Minneapolis
to build and maintain a database designed to track all scrap metal and vehicles
sold for scrap transactions in Minnesota.
Since that time, however, neither the city nor law enforcement in the
state were able to implement the desired system making compliance impossible,
thus the need for a full repeal of that requirement. Michigan also required changes to its
existing law passed just a year ago. The
legislature this year passed SB 304, clarifying the special payment requirements
for catalytic converters; coils and condensers; and copper wire, pipe, and fittings.
This clarification was required after conflicting interpretations of the law
last year were issued by the state attorney general.
Texas and Kansas both passed major amendments to
their metals theft laws in end-of-session squeakers. Texas HB 2187 was
unofficially declared dead after an unrelated Senate amendment was added at the
last hour forcing the bill back to the House and a Speaker who indicated the
non-germane amendment was unacceptable and thus “dead on arrival.” However, in
a rare move never witnessed before by many ReMA members and legacy Texas
industry advocates, the Texas House stripped the Senate amendment and sent it
to the governor in a flurry to beat the June 1st deadline. Assuming the
governor signs, sellers will have to obtain a cash transaction card to receive
payment for scrap metal in “cash” or otherwise must be paid by check, money
order, or electronic funds transfer; the bill also makes changes to the
materials covered, exemptions, and penalties. For the low-down on the situation
in Kansas, see the related article in this edition of SPAN.
ISRI is seeing a new trend in state legislation this year
with the increasing number of bills pertaining to recycled tires. Concerns over the safety of synthetic turf
are quickly spreading following salacious and unsubstantiated rumors that the
crumb rubber in the turf causes cancer.
The concern of abandoned tires also cause rise to a desire by some
policymakers to implement manufacturer take-back (otherwise known as Extended
Producer Responsibility – EPR) laws.
Legislation was introduced at the state or local level in New York, Connecticut, Vermont, California, and Massachusetts
sparking the need for significant focus and advocacy by the tire recycling
community. With New York's session closing on June 17 and Connecticut on June
3, both the synthetic turf and tire EPR issues appear to be dead for the year. However,
California SB 47, while currently under hold in the Senate Appropriations
Committee, isn't out quite yet; it managed to resurrect itself from the
committee's file at the end of May only to be placed on hold. One tire bill did
make it through the grinder this month, though: Michigan HB 4439 amends state
fees on certificates of titles to require a tire disposal surcharge of $1.50 on
each certificate of title, salvage title, scrap title, or duplicate that a
person receives, to be deposited into the scrap tire regulatory fund.