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The position is a reflection of the industry’s intent to be part of the solution to metals theft with recognition that law enforcement in many states and localities have embraced electronic reporting as a highly desired tool. However, there is no change in ISRI’s position that any such system must protect the legal rights of recyclers reporting the data and cannot impose a legal relationship onto recyclers with the data vendor. ISRI opposes any reporting requirement that would compel recyclers to waive legal rights or proprietary interests to use the state-mandated system.
Acknowledging that the subject matter of the new policy position covers such an inherently state and local issue the new policy provides an option for ReMA Chapters, or individual states, to “opt-out” of advocating for electronic reporting. You may read a copy of the national policy position as adopted by the ReMA Board of Directors on July 16, 2015 which is posted on the ReMA website.
If a chapter, or state within a chapter, desires to pursue the “opt-out” contingency in the policy, the chapter leadership should follow its normal practice for making major decisions. Typically, this involves a decision by the chapter board of directors. However, if your Chapter’s bylaws provide a different method for voting on major decisions you should proceed to follow that process for determining whether the chapter wishes to “opt-out” of the policy.
If the chapter elects to “opt-out” of the national policy on electronic reporting, the chapter should send a formal notice to ReMA President Robin Wiener. Such notice can be in the form of the meeting minutes from the meeting at which the decision was made and contain at a minimum:
If the members in a state within a particular chapter elect to “opt-out” but the chapter has not chosen to do so, the ReMA members within that state must first notify the chapter of their desire to “opt-out” along with an explanation for the decision. Upon approval of the Chapter, the chapter president shall forward the “opt-out” notice to ReMA President Robin Wiener with a statement that the chapter received and approved the state’s election to “opt-out” of the National policy. In addition to the information required in the minutes of the meeting where the Chapter votes to allow the state to “opt out” (as set forth above) the following additional information should be included:
ISRI Position on Electronic Reporting
As Adopted by the ReMA Board of Directors on July 16, 2015
Except where a Chapter or state has elected to opt out, ReMA supports the limited use of electronic reporting, provided the law is written in such a way as to restrict data reporting to the specific requirements of the law. The law must specifically state that –