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2013 SENATE JUDICIARY SB 2151
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Page 1: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

2013 SENATE JUDICIARY

SB 2151

Page 2: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

2013 SENATE STANDING COMMITTEE MINUTES Senate Judiciary Committee

Fort Lincoln Room, State Capitol

SB 2151 1/21/2013

Job #17440

D Conference Committee

Committee Clerk Signature

Minutes: II Attached testimony

Regulation of scrap metal purchases by scrap metal dealers.

Senator David Hogue - Chairman

Wayne Stenehjem - Attorney General - Explains that this has become an increasing global problem in addition to a problem within the U.S. and now in N.D. He said NO is one of two states that does not have the kind of legislation that he is promoting with SB2151 which is the reporting of scrap metal theft sales to scrap metal dealers in the state. He said it requires scrap metal dealers to keep business records of transactions over $25 including the date, time and place of transaction, description of the weight and type of metal that is sold, the amount and manor of payment, the name and address of the person making the delivery and also keep a photo copy the government issued 10. A purchase of over a $1000 would have to be done by check or electronic transfer, not cash. He goes on to explain some cases in NO.

Senator J. Lee - Says she is pleased to sponsor this bill and says this is what is needed and encourages a do pass.

Senator David O'Connell - District 6 - Mentions how he became involved with this issue.

Senator Hogue - Asks if the rationale behind the bill is that if we require the junkyards to keep track of things coming in and criminals will be less likely to come to ND to pawn off stolen property.

Attorney General - Said either that or they would find out who is actually bringing things into the scrap dealers. He mentions how it is a big problem here. He also gives examples of the things that are being stolen .

.. Senator Grabinger- Asks if Minnesota has this law.

Attorney General - Replies they do and his aim is to work with law enforcement across the country.

Danielle Waterfield - Institute of Scrap Recycling Industries (I SRI) -Written testimony (1) Hands in testimony for two others not testifying.

Page 3: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Senate Judiciary Committee SB 2 15 1 Job # 17 440 Page 2

Mike Reitan -Assistant Chief of Police -West Fargo, NO - See written testimony (2)

Senator Hogue- Asks about the inspection provision.

Reitan - Replies yes but the provisions of the law requires them to notify the salvage yard of their intent and that they abide by the rules of the yard.

Senator Hogue - Asks as law enforcement if they have right to go into other businesses and do that without due process to the business owner.

Reitan - Says under the alcohol statute they are allowed to go in and inspect their license to see if it is posted, also pawn shops. He describes how the pawn shops have set up an electronic network that they can go into and search a particular material or item and it will check all the pawn shops.

Senator Berry - Asks about the rogue dealers.

Reitan - Explains the Minnesota statute and how the scrap metal dealers are registered. He said the cooperation between scrap metal dealers and law enforcement in the Fargo area is phenomenal. He says they are already doing what is in the statute but this establishes it as a state wide system.

Harlan Fuglesten - NO Association of Rural Electric Cooperatives - See written testimony (3).

Attorney General - Would like to add that rogue operators would be required to register. He also added that no scrap metal dealers had a problem with law enforcement coming in.

Opposition - 0 Neutral- 0

Close the hearing

Page 4: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

2013 SENATE STANDING COMMITTEE MINUTES Senate Judiciary Committee

Fort Lincoln Room, State Capitol

SB 2151 1/23/2013

Job #17541

0 Conference Committee

Committee Clerk Signature

Minutes:

Senator David Hogue - Chairman

Committee Work

Senator Hogue relays his concern on this bill that police officers can go onto a business owner's property and demand they be able to inspect the business and not having any show of probable cause or search warrant. The committee discusses how pawn shops have that now but they are licensed. Senator Sitte says she will call some of the scrap metal dealers and see what they think of the bill. Senator Grabinger says there was testimony from scrap metal dealers and they were on board with it. Senator Hogue relates that he wouldn't want police to be able to just come in and go through his records. The committee decides to wait on acting on this bill till they get more information or can have the Attorney General come in again and speak on it.

Page 5: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

2013 SENATE STANDING COMMITTEE MINUTES Senate Judiciary Committee

Fort Lincoln Room, State Capitol

SB 2151 1/30/2013

Job #18015

D Conference Committee

Committee Clerk Signature

Minutes:

Senator Hogue - Chairman

Committee Work

Senator Hogue brings in a scrap metal dealer to speak on the bill and answer questions the committee may have.

Kevin Hanson - Regional Manager for Gerdau Long Steel - Minot NO - Says they are in support of this bill and as an industry they need to have this. He goes on to explain how they do have situations where things are brought in that are questionable. The committee discusses if it is okay that law enforcement can come in anytime to his business. He replies that law enforcement does that now and it is okay with them. He said the scrap metal dealers that are doing what they are supposed to be doing do not have a problem with it. Attorney General Wayne Stenehjem comes to answer questions on the bill. Senator Armstrong says he is concerned about the 4th Amendment here. The committee talks extensively about the 4th Amendment. The Attorney General mentions there are other organizations that do allow law enforcement in to look at records. He said the problem with getting a warrant is that the scrap metal dealers aren't the target of the investigation so you can't go to court and get a warrant. They are after those who may have come in and sold the material. He goes on to say Jaw enforcement need the dealers support and help and need to have a good relationship. He says all the dealers he spoke to thought this bill is a good idea. Senator Sitte asks him walk through an investigation. She asks if they amended the bill and took out the issue of the 4th Amendment rights would it be okay. Attorney General Stenehjem responds that it wouldn't be because they cannot get a warrant to go in because the scrap metal dealers are not the target. He said if there is a problem with this law they'll be back in two years but he thinks this law will work very well. He reiterates that the stealing of this material is a huge problem and getting worse.

Senator Grabinger - moves a do pass Senator Armstong - seconded

Discussion Senator Sitte thinks maybe the cities could have their own ordinance. Senator Nelson mentions it is Fargo that has one and that West Fargo may want one. Senator Hogue

Page 6: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Senate Judiciary Committee SB 2 15 1 1/30/20 13 Page 2

mentions that it is an increasingly big problem in the west part of the state. There is still concern of breaching the 4th Amendment.

Senator Hogue asks Senator Grabinger to hold his motion

Senator Sitte proposes an amendment dealing with 4th amendment rights. Senator Berry seconded

Verbal vote - motion fails -6 no, 1 yes

Discussion Senator Lyson says this may just work but if there are problems they'll be back. Senator Hogue says it makes sense because the scrap metal dealers do not have a problem with this.

Senator Grabinger renews his motion for a do pass

Vote - 7 yes, 0 no

Senator Grabinger will carry

Page 7: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Date: I/�/ 13. Roll Call Vote #: I --'----

Senate JUDICIARY

2013 SENATE STANDING COMMITIEE ROLL CALL VOTES

BILL/RESOLUTION NO. ZIS/

D Check here for Conference Committee s�.' ..0 u!> AI'\A � - d /I ,-.J • .(-Legislative Council Amendment Number 1')-· v� ·y '-Y -J

Committee

Action Taken: 0 Do Pass 0 Do Not Pass 0 Amended 1i] Adopt Amendment

D Rerefer to Appropriations D Reconsider

Motion Made By g. U Senators

Chariman David Hogue Vice Chairman Margaret Sitte Senator Stanley Lyson Senator Spencer Berry Senator Kelly Armstrong

Yes

I

Seconded By ,d'. 8 e&...l>-' J

No Senator Yes No

Senator Carolyn Nelson I Senator John Grabinger t

Total (Yes) ----�) ____________ No ---�--------------------

Absent

Floor Assignment

I f the vote is on an amendment, briefly indicate intent:

Page 8: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Date: //3-D )13 Roll Call Vote #: - Z

2013 SENATE STANDING COMMITTEE ROLL CALL VOTES

siLL/REsoLuTioN No. e1s 1 Senate JUDICIARY Committee

D Check here for Conference Committee

Legislative Council Amendment Number

Action Taken: � Do Pass D Do Not Pass D Amended D Adopt Amendment

D Rerefer to Appropriations D Reconsider

Seconded By ;j . at!Vt.StRA n?J

Senators Yes No Senator Yes No

Chariman David Hogue X Senator Carolyn Nelson )( Vice Chairman Margaret Sitte )( Senator John Grabinger X. Senator Stanley �y_son K Senator Spencer Berry X Senator Kelly Armstrong X..

Total (Yes) ------47'-------- No ___ () __________ _

Absent 6 -------------------------------------Fioor Assignment $. {1W1'n4 � If the vote is on an amendment, brief� indicate intent:

Page 9: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Com Standing Committee Report January 30, 2013 3:25pm

Module ID: s_stcomrep_17_012 Carrier: Grabinger

REPORT OF STANDING COMMITTEE SB 2151: Judiciary Committee (Sen. Hogue, Chairman) recommends DO PASS

(7 YEAS, 0 NAYS, 0 ABSENT AND NOT VOTING). SB 2151 was placed on the Eleventh order on the calendar.

(1) DESK (3) COMMITTEE Page 1 s_stcomrep_17_012

Page 10: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

2013 HOUSE INDUSTRY, BUSINESS, AND LABOR

SB 2151

Page 11: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

2013 HOUSE STANDING COMMITTEE MINUTES House Industry, Business and Labor Committee

Peace Garden Room, State Capitol

SB 2151 March 12, 2013

Job 19756

0 Conference Committee

Explanation or reason for introduction of bill/resolution:

Provide for regulation of scrap metal purchases by scrap metal dealers; and to provide a penalty

Minutes: Testimony 1,2,3,4,5

Hearing opened.

Wayne Stenehjem, Attorney General: Provided background on the increasing frequency of theft of scrap metal. Gave examples of specific incidents.

2:37 Senator Judy Lee: Provided background on the need for this bill. The theft of copper is very common. Encouraged support of SB 2151.

4:19 Attorney General Stenehjem: Gave examples of specific incidents. Summarized conversations he has had with various groups, organizations, and industry regarding what could be done to address this issue. Summarized the bill and the requirements for records which much be kept by scrap metal dealers. Distributed packet of news stories, attachment 1. Requested the addition of an emergency clause, attachment 2.

10:20 Representative Vigesaa: Are the scrap metal dealers support of all the requirements that will be ask for?

10:39 Attorney General Stenehjem: The only discrepancy is the payment of cash.

11 :41 Representative Vigesaa: Was there any discussion on if someone has permission to remove scrap metal off of a farm and they go to sell it, how does that work?

Attorney General Stenehjem: The bill does not prohibit the purchase of those purchases. It only provides that report must be done.

12:37 Representative Ruby: Is this language broad enough to include car batteries?

Attorney General Stenehjem: Yes.

Page 12: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

House Industry, Business and Labor Committee SB 2 15 1 March 12, 20 13 Page 2

13:14 Representative Amerman: Is law enforcement allowed to do checks or is a search warrant going to be needed.

Attorney General Stenehjem: No, they have the right to see records and do checks.

13:55 Representative Gruchalla: What if an individual went around collecting metals and then went to scrap yard with them?

14:20 Attorney General Stenehjem: They are required to keep records and subject to inspections.

14:29 Representative Gruchalla: Is this bill used more to catch thieves rather than making buying and selling metal more difficult.

Attorney General Stenehjem: Yes.

16:25 Representative Ruby: Once this would be put in place will the thieves just go outside and state and is there any reciprocity with other states.

16:46 Attorney General Stenehjem: Every other state already has a law like this, so yes.

17:05 Representative Boschee: Does scrap metal dealers every have to call law enforcement because of suspicious activity?

17:20 Attorney General Stenehjem: Yes.

17:46 Representative M. Nelson: Where does jewelry fall in all this?

18:23 Attorney General Stenehjem: Jewelry usually goes through the pond shops and there are regulations with their records also.

18:50 Representative M. Nelson: Question about multiple transactions in order to stay under amount at which reporting is required.

Attorney General Stenehjem: This targets the larger transactions.

20:09 Phil Pfennig, chief agent of the North Dakota Bureau of Criminal Investigation: Supports SB 2151. Provided written testimony, attachment 3.

22:14 Mike Reitan, assistant chief of the West Fargo Police Department: Provided written testimony, attachment 4. Elaborated on requirements in Minnesota. Spoke of ways to assist departments with investigations.

26:12 Representative Gruchalla: Questions the penalties of Minnesota and South Dakota and what they are?

Mike Reitan: I was referring to the registration process not being as extensive not the actual penalties.

Page 13: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

House Industry, Business and Labor Committee SB21 51 March 12, 201 3 Page 3

26:48 Representative Gruchalla: NO doesn't want to be the dumping ground so I was looking for consistency with penalties within our state and other?

Mike Reitan: I did not compare state to state penalties.

27:54 Harlan Fuglesten, North Dakota Association of Rural Electric Cooperatives: Provided written testimony, attachment 5.

29:34 Attorney General Stenehjem: I visited with NO Associated Homebuilders representative and they also support this bill along with Association of General Contractors. Gave example of copper theft from flood-damaged homes in Minot.

Representative Ruby: Moves the Amendment.

Representative Boschee: Second.

Voice vote on adoption of amendment to add an effective date. Voice vote carries.

Representative Ruby: Motion for a do pass as amended.

Representative Gruchalla: Second.

Roll call vote on motion for a do pass as amended. Motion carried.

Yes= 15

No= 0

Absent= 0

Carrier: Representative Boschee

Page 14: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

1 3.819 3.01001 Title. 02000

Adopted by the Industry, Business and Labor Committee

March 12, 201 3

PROPOSED AMENDMENTS TO SENATE BILL NO. 2151

Page 1, line 1, remove "and"

Page 1, line 2, after "penalty" insert "; to provide an effective date; and to declare an emergency"

Page 3, after line 30, insert:

"SECTION 5. EFFECTIVE DATE. This Act becomes effective on May 1, 201 3.

SECTION 6. EMERGENCY. This Act is declared to be an emergency measure."

Renumber accordingly

Page No. 1 1 3. 81 93.01001

Page 15: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Date: 3 - J ·z; VI � Roll Call Vote #: --t/'------1

2013 HOUSE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. 7?{ s( House Industry, Business, and Labor Committee

Legislative Council Amendment Number

Action Taken: D Do Pass D Do Not Pass D Amended �dopt Amendment

D Rerefer to Appropriations D Reconsider D Consent Calendar

Motion Made By t:f� Seconded By �!J,J �f Representatives Yes No Representatives Yes

Chairman George Keiser Rep. Bill Amerman Vice Chairman Gary Sukut Rep. Joshua Boschee Rep. Thomas Beadle Rep. Edmund Gruchalla Rep. Rick Becker Rep. Marvin Nelson Rep. Robert Frantsvog Rep. Nancy Johnson Rep. Jim Kasper J .,

Rep. Curtiss Kreun I I .r'1l I ·o Rep. Scott Louser J / \ ' f-"'\ Rep. Dan Ruby v ../ Rep. Don Vigesaa

. � � ) � I

Total

_

(>/ No

Absent

Floor Assignment

If the vote is on an amendment, briefly indicate intent:

No

Page 16: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Date: 3-/z_.-2c;),!3 Roll Call Vote#: _...?____,_, __ _

2013 HOUSE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. 7/,) / House Industry, Business, and Labor Committee

Legislative Council Amendment Number __ ....:...) _3-=--- ...lc,.L----,\ OJ,�--3_.__,0=---:...(...l...4.J.....t.-:-} ____ _

Action Taken: � Pass 0 Do Not Pass D Adopt Amendment

D Rerefer to Appropriations 0 Reconsider D Consent Calendar

Motion Made By ----"'�----L·=-...ILA.L.L:::....��----- Seconded By G/ruuh �· Representatives Y�s No Representatives Yes No

Chairman George Keiser v Rep. Bill Amerman v Vice Chairman Gary Sukut tl Rep. Joshua Boschee v Rep. Thomas Beadle v Rep. Edmund Gruchalla ..; Rep. Rick Becker /_ Rep. Marvin Nelson v Rep. Robert Frantsvog ./ Rep. Nancy Johnson � Rep. Jim Kasper J, Rep. Curtiss Kreun v Rep. Scott Louser J, Rep. Dan Ruby .; Rep. Don Vigesaa ,;

Total Yes /� No () Absent

·-

Floor Assignment �schu If the vote is on an amendment, briefly indicate intent:

Page 17: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Com Standing Committee Report March 13, 2013 11:58am

Module ID: h_stcomrep_ 44_008 Carrier: Boschee

Insert LC: 13.8193.01001 Title: 02000

REPORT OF STANDING COMMITTEE SB 2151: Industry, Business and Labor Committee (Rep. Keiser, Chairman)

recommends AMENDMENTS AS FOLLOWS and when so amended, recommends DO PASS (15 YEAS, 0 NAYS, 0 ABSENT AND NOT VOTING). SB 2151 was placed on the Sixth order on the calendar.

Page 1, line 1, remove "and"

Page 1, line 2, after "penalty" insert"; to provide an effective date; and to declare an emergency"

Page 3, after line 30, insert:

"SECTION 5. EFFECTIVE DATE. This Act becomes effective on May 1, 2013.

SECTION 6. EMERGENCY. This Act is declared to be an emergency measure."

Renumber accordingly

(1) DESK (3) COMMITTEE Page 1 h_stcomrep_ 44_008

Page 18: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

2013 TESTIMONY

SB 2151

Page 19: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

STATEMENT OF DANIELLE F. WATERFIELD, ESQ.

ASSISTANT COUNSEL/DIRECTOR OF GOVERNMENT RELATIONS INSTITUTE O F SCRAP RECYCLING INDUSTRIES

WASHINGTON, D.C.

BEFORE THE

NORTH DAKOTA SENATE JUDICIARY COMMITTEE

JANUARY 21, 2013 BISMARCK, NORTH DAKOTA

.2!51 (!)

Mr. Chairman and Members of the committee, my name is Danielle Waterfield. I

am here representing the Institute of Scrap Recycling Industries (ISRI). I want to

thank you for giving us the opportunity today to participate in this hearing and to

offer the scrap recycling industry's support for SB 2151, a measure designed to

deal with the metals theft issue by regulating scrap metal purchases by scrap

metal dealers.

ISRI is the trade association that represents more than 1,700 private sector, for­

profit companies that process, broker and industrially consume scrap

commodities including metals, paper, plastics, glass, textiles, rubber and

electronics at nearly 7,000 facilities worldwide-more than 5,000 of which are

located in the U.S. In North Dakota, ISRI members operate scrap recycling

facilities in six different locations, specifically in Bismarck, Fargo, Jamestown,

Milnor, and the Chairman's hometown of Minot. Scrap recycling directly

provides 110 jobs in North Dakota with annual wages of $5.5 million earned by

citizens of North Dakota. (see attached)

Page 20: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

ISRI's member companies are primarily small- to medium-sized, family-owned

businesses as well as some very large publicly and privately held enterprises that

have existed in the same towns and cities throughout America for the past

century, creating the backbone of the recycling infrastructure you see in this

country today. ISRI members have provided stable, good-paying jobs in this

country during the boom years, the lean years, and in war time. Understandably,

we have been known for a long time as America's Original Recyclers® and proudly

wear the badge of the Voice of the Recycling Industry®.

Scrap recycling is an established industry critical to the economic and

environmental life of this country and the world, and a vital first step in the global

manufacturing supply chain. In addition to supplying more than 136,000 direct,

good-paying jobs in the U.S., the global scrap recycling industry supplies

approximately 40% of the world's raw material needs in the form of specification­

grade commodities that, in many cases, can substitute directly for virgin materials

in the production of new, basic materials. Last year alone, the American scrap

recycling industry recycled more than 150 million tons of scrap materials worth

more than $100 billion, supplying industrial consumers such as steel mills,

foundries, paper mills, copper refiners, ingot makers and aluminum smelters in

the U.S. and more than 161 different countries worldwide. Clearly, the American

scrap recycling industry is a dynamic economic contributor to local communities

across this country.

ISRI has been working aggressively over the past few years to help solve the

problem of metals theft, of which scrap yards are also victims. Of the many

tactics employed to stop metal thieves, the most effective mechanism is

I

Page 21: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

communication and cooperation among all stakeholders. Last year, North Dakota

Attorney General Wayne Stenehjem approached ISRI representatives requesting

the industry's advice and cooperation in putting together effective metals theft

prevention legislation for the state of North Dakota. The Attorney General

brought all the stakeholders together, including representatives from state law

enforcement and the scrap recycling industry. Collectively, this group hammered

out draft language that is reflected now in the legislation before this committee

today (SB 2151). The legislation is a working compromise of all stakeholders in

North Dakota addressing the needs and concerns of all in how to best curb metals

theft in the state.

The most effective way to address the problem of metals theft is through a

comprehensive strategy focusing on 1) preventing metals theft to the maximum extent

practicable; 2) assisting law enforcement and prosecutors to the extent necessary in

their efforts to indict, prosecute, and penalize those who perpetrate these thefts; 3)

identifying and prosecuting /(rogue recyclers" who do not comply with local, state and

federal regulations in order to dissuade their collaborators from going a similar path;

and 4) eliminating the possibility of /(forum shopping" where thieves can easily move

stolen material from one jurisdiction in the state to another with more lenient laws.

Preventing Metals Theft

The underlying problem that truly needs to be addressed is how to stop thieves

from stealing- a social dilemma that this legislative body is not likely to resolve.

Nevertheless, as a key stakeholder in the metals theft discussion, the scrap

Page 22: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

recycling industry takes its responsibility seriously and continues to seek ways it

can help law enforcement stop these nefarious criminals.

ISRI has found that perhaps the strongest defense against metals theft is taking an

even stronger offense to prevent the crime from occurring in the first place. Theft

will continue as long as thieves have no fear of being penalized for their actions.

ISRI encourages this body to consider implementing a zero-tolerance policy based

on existing state law to discourage thieves from even thinking about stealing

metals. All too often we have seen where the theft of metals is treated as a "low

level" property crime. Criminal thieves know that even if they are caught, they

will be back on the street to steal again. While there are clearly legitimate

reasons for this outcome, ISRI argues that the unintended consequences are far

worse. SB 2151 is a step in the right direction by focusing on operations that aid

criminals, though ISRI would argue that stiffer penalties on those who steal

metals, particularly repeat offenders, would go even further to prevent metals

theft.

Though not specifically addressed in SB 2151- one of the most effective

mechanisms is for property owners to clearly mark their materials in a manner

that makes it difficult for anyone to sell without proof of ownership. Ownership

markings do not need to be complicated or expensive. The act of simply spray

painting a small mark on exposed material could be enough to set it apart from

the tons of legitimate scrap that crosses over a scrap recycler's scale. In addition

to prioritizing the crime of metals theft, ISRI encourages this body to consider

incentives for property owners to mark their property in an effort to deter thieves

from the start.

I

Page 23: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Assisting Law Enforcement Catch Thieves

The recordkeeping requirements in SB 2151 will give law enforcement the tools it

needs to catch metals thieves. While legitimate scrap metal recyclers have long

kept records of their transactions, there is no law currently in North Dakota

requiring such records be kept or made available to law enforcement. The scrap

recycling industry believes the daily records we keep can play a pivotal role in

identifying individuals who try to sell stolen metal. In fact, specific record keeping

is encouraged in the industry's Recommended Practices for Preventing Materials

Theft, which are published on the ISRI.org website.

Furthermore, in recent years, the scrap recycling industry has taken upon itself a

responsibility that few other industries have ever even considered to combat a

criminal element that threatens public safety. The most notable effort is the

development of an industry-funded automated online reporting mechanism

designed to stop metals theft in its tracks by alerting scrap recyclers of materials

stolen material for which they can be on the lookout and report to police if it

comes through their doors.

At no cost to the taxpayer, ISRI's ScrapTheftA/ert.com (STA.com) system is

available to each and every law enforcement agency in the country and any scrap

recycler and public citizen interested in receiving notification of stolen metal for

which to be on the lookout. Whenever information relating to a metals theft is

entered into STA.com by law enforcement officers, the program immediately puts

out an email alert to all our contacts within a defined radius- not only in the state

where the theft occurred, but in surrounding states as well, giving scrap yards

I

Page 24: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

notice to be on the lookout for the material. We also issue "reverse alerts" to

address the not uncommon situation where scrap yards have received materials

they believe to be stolen and are looking for the original owners so the material

can be returned. These efforts have been praised by local enforcement agencies

for assisting in the arrest of numerous suspects. A series of success stories are

enumerated on the STA.com website.

ISRI encourages the law enforcement community in North Dakota to utilize this

alert system provided by the industry. We would be pleased to offer a

demonstration of the system to this body and any interested law enforcement

officer, along with training to use STA.com at no charge to the taxpayer.

Identify and Shut Down Illegal Operations

Unfortunately, there are rogue operations in the state that intermittently set up

temporary pick up sites and purchase scrap metal with no record of from whom

and where the metal originated. ISRI does not represent or in any way support

those operations that knowingly take stolen materials or engage in illegal

activities. SB 2151 will give law enforcement the ability to identify and shut down

these illegal operations, as well as provide the documented evidence that

connects the stolen material to the thief trying to sell it.

Every day that rogue operations are permitted to operate, legitimate scrap

recyclers lose credibility and are put at a financial disadvantage. The same zero­

tolerance approach previously discussed should also be applied to rogue illegal

scrap operations. SB 2151 targets those operations which are guilty of substantive

I

Page 25: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

violations. For this reason, the industry supports the penalties in SB 2151

imposed on willful violations of the law.

Eliminating Forum Shopping

The scrap recycling industry supports the manner in which SB 2151 will establish

consistent state-wide rules upon which both industry and law enforcement can

rely. Scrap dealers and many local law enforcement agencies agree that North

Dakota must have one set of laws to follow as it pertains to the purchasing of

scrap metal. This also pertains to the enforcement of the law. We have found

that inconsistent laws and the lack of enforcement in certain jurisdictions allows

thieves to move the stolen material out of one jurisdiction to another where the

laws are not as strict or enforced. SB 2151 gives law enforcement an equal

footing throughout the state regardless of where the theft occurred.

Conclusion

ISRI supports efforts that are proven to deter metals theft. We believe that SB

2151 provides law enforcement with the tools necessary to deter theft by making

it harder for thieves to take stolen material underground and sell to illegal

operations or go undetected by engaging in anonymous sales. The use of

ScrapTheftAiert.com is also another tool that has a proven success record and the

industry offers it to the citizens and law enforcement of North Dakota at the

industry's expense.

Legitimate scrap dealers are part of the solution to metals theft, not the problem. It is

important that this body recognizes that it is nearly impossible to tell the difference

I

Page 26: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

between stolen material and legitimate material that comes to a scrap yard, even when

you know to be on the lookout. In most cases, by the time the metal reaches a scrap

yard it has been cut into pieces, stripped, crushed or otherwise transformed in such a

way as to make it indistinguishable from the tens of thousands of pounds of legitimate

scrap metal purchased by yards each day. Yet, despite the recent rash of theft, stolen

material makes up a very small percentage of the material that comes to scrap yards

each day. We believe that SB 2151 is the right balance to accommodate the needs of

law enforcement while minimizing the regulatory burdens placed on legitimate business

in the state.

Thank you for allowing me to testify today. The industry remains committed to

working with law enforcement to help stem this problem plaguing all of us.

Page 27: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Direct Impacts

Scrap Recyclers Brokers Total Direct Impacts

s r ·uppller .mpacts

Agriculture Mining Construction Manufacturing Transportation & Communication Wholesaling Retailing Finance, Insurance & Real Estate Travel & Entertainment Business & Personal Services Government Total Supplier ln!E_acts

Induced Impacts

Agriculture Mining Construction Manufacturing Transportation & Communication Wholesaling Retailing Finance, Insurance & Real Estate Travel & Entertainment Business & Personal Services Government Other Total Induced hnpacts

Total Economic lm act

Business Taxes Some details may not add due to rounding

John Dunham and Associates: New York

110 -

110

41 7 1

17 5 5 1 8 5

20 2

no

1 -

1 1 3 3

15 9

11 29 1

-

70

$5,500,000 $-

$5,500,000

$873,842 $1,132,584

$236,032 $1,023,522 $1,273,927

$780,083 $43,729

$877,483 $231,260

$1,094,328 $272,408

$7,840,000

$35,182 $2,340

$36,512 $85,087

$207,154 $206,450 $381,044 $391,738 $177,461

$1,070,655 $73,139

$3,409 $2,670,000

IS HI Institute of Scrap Recycling

. . . . Industries, Inc. Voke ol the lleiYctJiig tA�J�J/j

$19,240,000 $-

$19,240,000

$6,308,656 $2,850,805

$452,747 $11,766,229

$6,641,991 $2,110,627

$105,035 $3,246,718

$776,519 $1,734,286

$847,704 $36,840,000

$229,293 $7,128

$79,056 $551,516 $917,136 $552,004 $922,964

$2,449,485 $612,725

$2,110,922 $209,644

$21,799 $8,660,000

July 2011

I

Page 28: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

I SRI Voice Df the Recycling Industry

Chairman David Hogue

Senate Judiciary Committee

North Dakota Senate

600 East Boulevard

Bismarck, ND 58505-0360 Dear Chairman Hogue,

January 21, 2013

On behalf of the Northwest Chapter of the Institute of Scrap Recycling Industries {"!SRI"), we are pleased to offer

the support of the scrap recycling industry of North Dakota for passage of SB 2151. ISRI is a national trade

association that represents more than 1,700 member companies that process, broker and consume scrap

metals, paper, plastics, glass, electronics, textiles, tires and rubber. We are an industry that ranges in size from

small-family owned operations, many of which have been in business for generations, to large multinational

corporations. !SRI members operate scrap recycling facilities in six different locations in North Dakota,

specifically in Bismarck, Fargo, Jamestown, Milnor, and the Chairman's home of Minot. Our industry plays an

important economic role in the state by directly providing 110 jobs in North Dakota with annual wages of $5.5 million earned by citizens of North Dakota.

ISRI has been working aggressively over the past few years to help solve the problem of metals theft, of which

scrap yards are also victims. Of the many tactics employed to stop metal thieves, the most effective mechanism

is communication and cooperation among all stakeholders. Last year, North Dakota Attorney General Wayne

Stenehjem approached !SRI representatives requesting the industry's advice and cooperation in putting together

effective metals theft prevention legislation for the state of North Dakota. The Attorney General brought all the

stakeholders together, including representatives from state law enforcement and the scrap recycling industry.

Collectively, this group hammered out draft language that is reflected now in SB 2151. The legislation is a

working compromise addressing the needs and concerns of all in how to best curb metals theft in the state.

The legitimate scrap recycling industry in North Dakota consists of law-abiding, tax-paying, job-creating

businesses that have a very significant vested interest in the economic state and well-being of their

communities. Unfortunately, it is nearly impossible to tell the difference between stolen material and legitimate

material that comes to a scrap yard. In most cases, by the time the metal reaches a scrap yard it has been cut

into pieces, stripped, crushed or otherwise transformed in such a way as to make it indistinguishable from the

tens of thousands of pounds of legitimate scrap metal purchased by yards each day. Yet, despite the recent rash

of theft, stolen material makes up a very small percentage of the material that comes to scrap yards each day.

That said, the industry recognizes its role and responsibility in helping law enforcement catch metals thieves and

remains committed to working to help stem this problem plaguing all of us.

SB 2151 is a well-balanced approach aimed at ensuring the state's law enforcement community has the tools it

needs to catch metal thieves and prosecute bad actors who knowingly participate in the crime of metals theft.

For that reason, !SRI members of the Northwest Chapter of !SRI are pleased to place the industry's support

behind this important legislation and offer whatever resources it has available to ensure its enactment.

Thank you and we look forward to working with you on this matter.

Sincerely,

Eva Shine Tony White

!SRI NW Chapter President I SRI NW Chapter Vice President

Page 29: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Judiciary Committee Senate Bill 2151 Testimony of Mike Reitan, Assistant Chief, West Fargo Police

&'51

Good Morning Chairman Hogue and members of the committee. For the record my name is Mike

Reitan, Assistant Chief of the West Fargo Police Department. I am testifying today in support of Senate

Bill 2151. The bill before you today is meant to assist in the apprehension of those individuals

responsible for the theft of recyclable metals in the state of North Dakota.

On a relatively routine basis the officers of the West Fargo Police Department respond to the report of

electrical wire, scrap metals or motor vehicle parts being stolen. The items stolen have been stored in

the open upon the owner's property, within fenced areas and within locked buildings. On some

occasions the thief has used the owner's fork lift or loader to assist in making off with the property.

Within West Fargo the areas typically targeted are new construction areas, body shops, vehicle salvage

yards and manufacturers. While most items stolen would be considered scrap material, we are also

seeing new electrical wire and copper plumbing pipe being taken from construction sites or from the

contractor's building. I have heard reports from areas of rural North Dakota that farm sites have also

experienced thefts. Overhead wiring, agricultural equipment and irrigation tubing are some of the items

targeted.

The West Fargo Police Department has taken a pro-active approach to deter and investigate this type of

theft. Officers are instructed to increase their patrol of new construction areas. We check with the

contractors to find out when electrical wiring and plumbing fixtures will be on the construction site.

With the permission of the contractors the department has installed video equipment and portable

alarms systems to assist in apprehending those responsible for the thefts. But it is not always enough.

Scrap metal needs to be sold somewhere for the thief to experience a financial gain. Where the stolen

goods are typically sold is to a scrap metal dealer. By enlisting the assistance of scrap metal dealers

through the provisions of Senate Bill 2151 law enforcement officers can be afforded the opportunity to

review records relating to transactions involving scrap metals and identify individuals selling scrap

metals in the community. Such assistance is necessary for law enforcement to be able to curb the theft

of recyclable materials.

As a reference, I have attached the more restrictive requires of Minnesota Statute 325E.21 Dealers in

Scrap Metal; Records, Reports and Registration. I have also included South Dakota Codified Law 34A-6-

108 through 112 relating to scrap metal dealers.

While the bill before us is not as restrictive as that found in Minnesota or South Dakota the draft bill is

certainly a step in the right direction. I ask for your support in the passage of Senate Bill 2151. Thank you

and I would be willing to take any questions you may have.

Page 30: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

325E.21, 2012 Minnesota Statutes Page 1 of 3 (f;)

2012 Minnesota Statutes 325E.21 DEALERS IN SCRAP METAL; RECORDS, REPORTS, AND REGISTRATION.

Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the

meanings given.

(b) "Law enforcement agency" or "agency" means a duly authorized municipal, county, state, or federal

law enforcement agency.

(c) "Person" means an individual, partnership, limited partnership, limited liability company,

corporation, or other entity.

(d) "Scrap metal" means:

(1) wire and cable commonly and customarily used by communication and electric utilities; and

(2) copper, aluminum, or any other metal purchased primarily for its reuse or recycling value as raw �tal, including metal that is combined with other materials at the time of purchase.

(e) "Scrap metal dealer" or "dealer" means a person engaged in the business of buying or selling scrap metal, or both, but does not include a person engaged exclusively in the business of buying or selling new or used motor vehicles or motor vehicle parts, paper or wood products, rags or furniture, or secondhand

machinery.

Subd. la. Purchase or acquisition record required. (a) Every scrap metal dealer, including an agent, employee, or representative of the dealer, shall keep a written record at the time of each purchase or acquisition of scrap metal. The record must include:

(1) an accurate account or description, including the weight if customarily purchased by weight, of the scrap metal purchased or acquired;

(2) the date, time, and place of the receipt of the scrap metal purchased or acquired;

(3) the name and address of the person selling or delivering the scrap metal;

( 4) the number of the check or electronic transfer used to purchase the scrap metal;

(5) the number of the seller's or deliverer's driver's license, Minnesota identification card number, or other identification document number of an identification document issued for identification purposes by any state, federal, or foreign government if the document includes the person's photograph, full name, birth date,

and signature; and

( 6) the license plate number and description of the vehicle used by the person when delivering the scrap etal, and any identifying marks on the vehicle, such as a business name, decals, or markings, if applicable.

(b) The record, as well as the scrap metal purchased or received, shall at all reasonable times be open to the inspection of any law enforcement agency.

1 , , • Jn• 1 "'\I"'\ .--y-, ,...., -1

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3 25E.21, 201 2 Minnesota Statutes Page 2 of3@

(c) No record is required for property purchased from merchants, manufacturers or wholesale dealers, having an established place of business, or of any goods purchased at open sale from any bankrupt stock, but a bill of sale or other evidence of open or legitimate purchase of the property shall be obtained and kept by the person, which must be shown upon demand to any law enforcement agency.

(d) Except as otherwise provided in this section, a scrap metal dealer or the dealer's agent, employee, or representative may not disclose personal information concerning a customer without the customer's consent unless the disclosure is made in response to a request from a law enforcement agency. A scrap metal dealer must implement reasonable safeguards to protect the security of the personal information and prevent unauthorized access to or disclosure of the information. For purposes of this paragraph, 11personal information11 is any individually identifiable information gathered in connection with a record under paragraph (a).

Subd. 2. Retention required. Records required to be maintained by subdivision l a shall be retained by the scrap metal dealer for a period of three years.

Subd. 2a. Purchase or receipt of beer kegs. A scrap metal dealer, or the dealer's agent, employer, or -presentative, shall not purchase or receive a refillable metal beer keg from anyone except the manufacturer L''the beer keg, the brewer of the beer that was sold or provided in the keg, or an authorized representative of

the manufacturer or brewer.

Subd. 3. Payment by check or electronic transfer required. A scrap metal dealer or the dealer's agent, employee, or representative shall pay for all scrap metal purchases only by check or electronic transfer.

Subd. 4. Registration required. (a) Every scrap metal dealer shall register with and participate in the criminal alert network described in section 299A.61. The dealer shall ensure that the dealer's system for receiving incoming notices from the network is in proper working order and ready to receive incoming notices. The dealer shall check the system for incoming notices twice each day the business is open, once upon opening and then again before closing. The dealer shall inform all employees involved in the purchasing or receiving of scrap metal of alerts received relating to scrap metal of the type that might be conceivably sold to the dealer. In addition, the dealer shall post copies of the alerts in a conspicuous location.

(b) The scrap metal dealer shall pay to the commissioner of public safety a $50 annual fee to participate in the criminal alert network and for the educational materials described in section 299C.25.

(c) The commissioner shall notify the scrap metal dealer if a message sent to the dealer is returned as undeliverable or is otherwise not accepted for delivery by the dealer's system. The dealer shall take action necessary to ensure that future messages are received.

Subd. 5. Training. Each scrap metal dealer shall review the educational materials provided by the superintendent of the Bureau of Criminal Apprehension under section 299C.25 and ensure that all employees do so as well.

Subd. 6. Criminal penalty. A scrap metal dealer, or the agent, employee, or representative of the dealer, who intentionally violates a provision of this section, is guilty of a misdemeanor.

1/10/1""'1/'\11")

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325E.21, 2012 Minnesota Statutes Page 3 of 3@

Subd. 7. Exemption. A scrap metal dealer may purchase aluminum cans without complying with this section.

Subd. 8. Property held by law enforcement. (a) Whenever a law enforcement official from any agency has probable cause to believe that property in the possession of a scrap metal dealer is stolen or is evidence of a crime and notifies the dealer not to sell the item, the item may not be sold or removed from the premises. This investigative hold remains in effect for 90 days from the date of initial notification, or until it is canceled or a seizure order is issued, whichever comes first.

(b) If an item is identified as stolen or evidence in a criminal case, the law enforcement official may:

(1) physically seize and remove it from the dealer, pursuant to a written order from the law enforcement official; or

(2) place the item on hold or extend the hold as provided in this section and leave it in the shop.

(c) When an item is seized, the person doing so shall provide identification upon request of the dealer, and shall provide the dealer the name and telephone number of the seizing agency and investigator, and the r;ase number related to the seizure.

(d) A dealer may request seized property be returned in·accordance with section 626.04.

(e) When an order to hold or seize is no longer necessary, the law enforcement official shall so notify the dealer.

Subd. 9. Video security cameras required. (a) Each scrap metal dealer shall install and maintain at each location video surveillance cameras, still digital cameras, or similar devices positioned to record or photograph a frontal view showing the face of each seller or prospective seller of scrap metal who enters the location. The scrap metal dealer shall also photograph the seller's or prospective seller's vehicle, including license plate, either by video camera or still digital camera, so that an accurate and complete description of it may be obtained from the recordings made by the cameras. The video camera or still digital camera must be kept in operating condition. The camera must record and display the accurate date and time. The video camera must be turned on at all times when the location is open for business and at any other time when scrap metal is purchased.

(b) If the scrap metal dealer does not purchase some or any scrap metal at a specific business location, the dealer need not comply with this subdivision with respect to those purchases.

History: (.10225) 1907 c 228 s 1: 1957 c 960 s 1; 1973 c 123 art 5 s 7: 1986 c 444: 2005 c 10 art 2 s 4: 2007 c 54 art 7 s 21; 2008 c 259 s 1

1/1 Q /')f\1 'l

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Untitled Page --.....,

Page 1 of 1 (f;)

34A-6-108. Definition of terms. Terms used in this section and§§ 34A-6-109 to 34A-6-112, inclusive, mean:

(1) "Industrial or commercial account," any person or business, including a scrap metal business, operating from a fixed location, that sells nonferrous metal to a scrap metal recycler pursuant to a contractual arrangement or agreement;

(2) "Law enforcement officer," any law enforcement officer as defined in§ 23-3-7; (3) "Nonferrous metal property," any metal property for which the value of the metal property is

derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, platinum, rhodium, palladium, or nickel, or any of their alloys. Aluminum does not include any food or beverage containers, except for a beer keg;

(4) "Record," a paper, electronic, or other method of storing information; (5) "Scrap metal business," any scrap metal supplier, scrap metal recycling center, or scrap metal

processor; ( 6) "Transaction," a pledge to buy, the purchase of, or the trade for any nonferrous metal property by

a scrap metal business from any person. A transaction does not include a sale or trade involving any industrial - commercial account.

�Source: SL 2008, ch 179, § 1.

,..,. . . . n ,....., . • "" A A r 1 1"\Cl 1/10/"11\1...,

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Untitled Page Page 1 ofl@

34A-6-109. Scrap metal business to keep records of purchase of nonferrous metal property. Each scrap metal business shall keep records of each transaction involving the purchase of nonferrous metal property that exceeds one hundred dollars. The scrap metal business shall be able to produce an accurate and legible record of each transaction involving nonferrous metal property at the location where the scrap metal is purchased. The records shall contain the following information:

(1) Date, location, and value of the transaction; (2) Signature of the person selling the nonferrous metal property; (3) Name, street address, city, and state of the seller; ( 4) Current drivers license number or other government issued picture identification card number of

the seller or, if no number is available, a copy of the seller's government issued picture identification card; (5) A description of the predominant types of nonferrous metal property involved in the transaction,

including the weight, quantity, or volume of the scrap nonferrous metal; and (6) Name of the employee representing the scrap metal business in the transaction.

Source: SL 2008, ch 179, § 2.

I ' ' • /T"'t. • • r-1• • ' 1/10/'"'lf\1'1

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Untitled Page Page 1 of 1

34A-6-110. Scrap metal business records open to inspection by law enforcement officers. The record required by §§ 34A-6-1 08 to 34A-6-112, inclusive, shall be open to the inspection of any law enforcement officer at all times during the ordinary hours of business or at reasonable times if ordinary hours of business are not kept. The record shall be maintained at the location that the business is conducted for one year following the date of the transaction.

Source: SL 2008, ch 179, § 3.

1 /1 0 /,.., f\ 1 "!

®

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Untitled Page Page 1 of l @

34A-6-111. Copies of scrap metal business records--Report of lost or stolen nonferrous metal property. If a copy of the record of the transaction is requested by a law enforcement officer, a scrap metal business shall furnish a full, true, and correct transcript of the record from the purchase or receipt of the nonferrous metal property. This record shall be provided or transmitted to the applicable law enforcement agency within two business days.

If the scrap metal business has good cause to believe that any nonferrous metal property in the business's possession is lost or stolen, the scrap metal business shall promptly report that fact to a law enforcement officer, together with the name of the owner, if known, and the date of transaction and the name of the person from whom it was received.

Source: SL 2008, ch 179, § 4.

Page 37: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Untitled Page Page 1 of 1 {J;)

34A-6-112. Hold on nonferrous metal item suspected to be lost or stolen. If the scrap metal business is notified by a law enforcement officer that an item of nonferrous metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification on the property. The scrap metal business shall hold the property for a period of time as directed by the law enforcement agency up to a maximum of ten business days.

A law enforcement officer may not place on hold any item of nonferrous metal property unless that law enforcement agency reasonably suspects that the property is a lost or stolen item. Any hold that is placed on the nonferrous metal property shall be removed within ten business days. If the property on hold is determined not to be lost or stolen, the nonferrous metal property shall be returned to the owner or released.

Source: SL 2008, ch 179, § 5.

,... , , , n n . , , " A .A.. /' "t -I l"\ 1 /1 0 /'"l r\ 1,.,

Page 38: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Testi mony of H a rl a n F ug l esten N o rth D akota Associ atio n of R u ra l E le ctric Coo p e ratives

B efore the Sen ate J u d icia ry C o m m ittee S B 2151

J a n u a ry 21, 2013

M r. Ch a i r m a n a n d m e m b e rs of the Com m ittee : M y n a m e i s H a r l a n Fug leste n with the

N o rth D a kota Associat ion of R u ra l E l ectric Cooperatives . I a m h ere th is m o r n i n g to testify i n

s u p po rt of S B 215 1 . The re h ave been l egis l ative efforts i n m any states recently to crack d own

o n th eft of co p p e r and oth e r m eta ls by givi ng law e nfo rce m e n t t h e too ls to i nvestigate a n d

a p pr e h e n d p e rp et rato rs w h e n t h ey s e l l o r attempt t o s e l l t h e sto l e n property. T h ro ug h o ut the

co u ntry e lectr ic cooperatives h ave joined in coa l it ions to e n act tougher laws to a d d ress scrap

m eta l t heft, w h ich a 2009 s u rvey fou n d cost e lectric ut i l it ies m ore t h a n 60 m i l l i o n d o l l a rs in a 12

m onth period. M o re i m p o rtantly, c o p p e r th eft can j e o p a rd ize the s afety of workers a n d t h e

g e n e r a l p u b l ic w h e n t h i eves remove co p p e r wire a n d othe r scrap m et a l fro m s u b statio n s o r

o t h e r uti l ity fa c i l it i es .

Cop p e r th eft m ay b e especi a l ly a p r o b l e m for r u r a l e l ectric cooperatives which a re often

th e vict ims of cop p er t h eft because the i r m a ny rura l o utpo sts and s u bstat i o n s are i nvit i n g

ta rgets for cop pe r t h i eves . B u t cop p e r thieves c a n a ls o b e q u ite braz e n . Last J u n e, D akota V a l l ey

E le ctr ic Coop e rative's wel l - l it W a h p eton O utpost a lo n g H wy 13 west of the City was h it by

c o p p e r th ieves. These t h i eves p ri e d o p e n the overh e a d doors d u ri n g the n ight a n d u s e d the co-

o p's h o i st to t a ke over $27,000 worth of copper gro u n d wi re. Th e p e r p etrators h ave n ot yet

b e e n ca ught. The N o rthern P l a i n s E lectr ic co-op outpost n e a r R o l l a h a d two b r e a k i ns l a st

s u m m er. D u r i n g t h e first b re a k in , t h i eves got away with over $9,300 of copper . The t h i eves

a ls o sto l e tools from t h e fac i l ity. In August, th i eves got away with m ore t h a n a t h o us a n d d o l l a rs

Page 39: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

worth of copper. N ow, both D a k ota Va l l ey a n d N o rthern P l a i n s eq u i p a l l t h e i r outp osts with

a l a rms that s ig n a l loca l law e n forcem e nt when a break in occu rs.

But a l a rms a re n ot the w h o l e a n swer to the prob lem. We b e l i eve t h at d isco u rag ing

m eta l theft by m a k ing the sto l e n property more d iffi c u lt to se l l and giv ing l a w enforcem e nt

b etter tools to a p p re h e n d the m et a l t h i eves is very i m porta nt, a n d t h at is w h y we s u p p o rt S B

2151 a n d u rge you t o give i t a " D O PASS."

Page 40: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Accent on:

Raimi's 'Oz' gets the story right, if not the witches

C 1

•W w w . G r a n d F o r k s H e r a I d . c o m

T H U R S 0 � Y

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Accent C1 ....... 84 Clltlllllr A3 City lnd ltlle 81 CluslfiH C3 Clllllla 06 &llllrlll A4 l.allery A3 Mlltell 84 lllllonJWorld AS Obltulrlll 82-3 Sports 01 1V 111111111 05 Wulber A3

110,000 copper cape • Weekend theft of 1 3 , 223 pounds of wiring

from GF business one of largest in area By Stephen J . .... Herald Staff Writer

Thieves broke into a Grand Forks wire supply business over the weekend and stole 13,2:13 pounds of copper wiring worth more than $110,000, wholesale.

It's one of the largest such copper thefts, which have been increasing in the re­gion, with a new twist cutting out the middle man, said 'Ibm Rosendahl, president of Dakota Supply Group, 715 S.

48th St, in the city's Indus­trial Park.

"In these other thefts, it's been electrical contractors hit," he said. "Now, they came right to a supplier like me, where they can get a lot more."

Dakota Supply, which has two dozen locations around the region, including in Sl Paul, is a wholesale supplier of copper wire and other products to power utilities such as Minnkota Power and to local electrical contractors

such as RBB Electric and Century Electric in Grand Forks, both of which have had similar, if smaller, bUl'­glaries within the past year.

A burglary at Fargo Elec­tric Construction about two weeks ago involved $50,000 worth of copper wiring stolen.

Scrap prices for copper arc about $3.50 per pound, a relatively high price, al­though below record levels

CAPER: See Page A6 Ertc H,lden, starr photographer

� Tom Rosendahl, president of Dakota Supply Group (2} ln Grand - . Forks, looks at spools of � copper wire � similar to wire \A worth more � than $1 1 0,000 that was stolen this (A.'\ past weekend .:\-::.:... N In the Grand forb -lnduatrlal w Park.

Page 41: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

A6 www.GrandForksHerald.com

SLIMEl ,. · . Continued from Page A1

\. I; I '

lants: ru:e ·shuttered. Com-officiills" blame the

ab t falloff on a series of ABC ews broadcasts that began st March - stories that re tedly called its product ' ink slime."

BPI hire a high-powered Chicago tria lawyer and in September sl ped the net­work, lead anc r Diane Sawyer and otl1 defendants with a 27-count la suit that seeks at least $1.2 · lion in 'damages �.about o fifth of thit\�al 2012 net.inc e of

· " · · :an f{to_adcastin Co.

former U.S. Attorney in c:hi�ago. ; 'Bu� Webb contends, ABC's

u8e of "pink slime" so many times -combined with al­leged misstatements and omissions - made con­sinners believe the com­pany's beef was something foul.

That's led lawyers for ABC and BPI to pull out their dic­tionaries in a duel over the definition of slime.

BPrs lawyers point to the Oxford Dictionary, which de­scribes slime as a "moist, soft, and slippery substance, typi­cally regarded as repulsive," and ilie American Heritage Dictionary, which calls it "vile or disgusting matter."

But ABC's la.,YYers, in their Wa}f:J)1sney Co. .�--·-iase, wliich many ob­servers irunally wrote off P�!ili.�.rer�t�ims ploy_ by a qeSperate company, 1s shap­�up as piie ofthe most )ligh-�es itefamation court b�ttles.irtU:S, !listory.

motion to dismiss the case, ar­a gu�d that slime is a fitting de­scription of the company's product. They pofnt to "more

·Iieutral" defmitions of the

i . .. The, ,GO Uri. �t' �'Ould put tri��m �levij\ioQ: journalism 6i:i!lrl�,- cu1d hltlliightthe . �w�, of:l'a�age:in lhe In­ternet' Age; In thewake ofthe tep(>riS' on .. Woi'ld·NeWs with n;�e'$Jlw:rt!l'h· theterm ' �,vw.�·· �ent.virilL ·:A13C tleilie8 the allegations in the lawsuit and is seeking to have it thrown out. 'The net­work and its lawyers at Wash­ington D.C. law firm Williams & Connolly declined to com­ment on the case. In court pa­pers, the network argues that the lawsuit is a bid by BPI to chill media coverage of the food industry.

Unflattering light The case also could shine

an unflattering light on BPI. Many consumers find the no­tion of processed beef unsa­vory, and the lawsuit could

. open the door to the company

. rm. citing another entry in ' 'e American� Heritage Die­tl ary that calls slime a :�·tn k. sticky, slippery sub-. stan e."

BPI's wsuit cites other ex­amples 0 hat tile company calls misle ing and slof>py reporting b e news net-work.

Among U1e 1\vitter ex­changes betwee Jim Avila, the lead ABC rep r on the story and a defen ant in the case, and meat industry offi­cials and other critics of his reporting.

One of his tweets has be­come central to BPI's claims that the network falsely stated that IFrB is not meat. In that tweet last March, Avila wrote in a reply to a critical viewer that "no one said this slime is dangerous. It's just not what it purports tD hP.. MP.a.t. And if it's in 1rr0unrl.

FROM PAGE ONE Grand Forks Herald, Thursday, March 7, 2013

CAPER/ Continued from Page A 1 of well over $4 in recent years, Rosendahl said.

The theft of metal wiring has become so bothersome, U.S. Sen. Amy Klobuchar, D­Minn., said Wednesday that U.S. Attorney General Eric Holder has voiced support for her legislation to hit metal thieves harder by making federal cases out of them.

"Metal theft has jumped more than 80 percent in re­cent years, as thieves steal high-priced metal .from criti­cal infrastructure as well as businesses, homes, churches and even Minnesota vete�:.;;, ans' graves, causing families pain and threatening public . safety," Klobuchar said in a news release. U.S. Sen. John Hoeven, R-N.D., is a co-spon­sor of her Metal Theft Pre­vention Act

The N ational Insurance Crime Bureau reported that from 2009 to �11. more than 25,000 insurance claims re­lated tD metal theft were filed, 81 percent more than in the previous two years. The total cost to the country from such thefts is estimated at more than $900 million.

Expert thieves Business burglaries of

copper wire seem to "go in spurts," said Grand Forks Police Sgt. Tom Jacobson. His investigators are contact­ing Fargo police for compar­isons and looking for any possible witnesses or useful security videos from tlte In­dustrial Park over the week­end, he said.

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.& Torn Rosendahl, owner of Dakota Supply Group, looks at spools of wire that are similar to ones stolen this past weekend from his Grand Forks business.

were limited mostly by the load limits on their trailer or truck.

Other thefts Rosendahl has been with

Dakota Supply for 39 years, and this sort of big theft is a first for him.

But he's not alone. "Last March, we had $30,000 worth of copper wire

stolen out of our shop ... in the same Industrial Park," said Brian HruTis, owner of Century Electric, only two blocks away from Dakota Supply, at 915 48th St. N. "ln Grand Forks, you don't think tllat would happen."

Chad Benson, an owner of ·RBB Elecb.i.c, which has k).. cations in Bismarck, Fargo and Crookston as well as at 1123 N. 51st St., Grand Forks, Slltn nlllrAt.. .C::nnnlv i� nn<> nf

that off pretty easily." Benson said he thinks "it

was some type of delivery driver or somebody who has ·been in the building before. You kind of have to know these bars were on the door in order to be able to pop 1hem."

Rosendahl said he isn't so sure, thinking anyone could figure what businesses have inventories of copper wire and use the same teclmique breaking in.

Prevention is key Because of the difficulty of

recovering stolen wire, much less solving the cases, the best practice is prevention by businesses ponying up for better security, including burglar alarms and surveil­lance cameras, Lt. Vettel c;:o<;)tn

petty pilfering of a tooLhere:. and there. After the Flood of '97, an employee snuck off with a couple of specially or­dered generators. "We're ·

still getting payments from him," Rosendahl said.

It wasn't long ago, he left supplies sitting outside overnight, he said. And it was commonplace, until a ·

few years ago, for contrac­tors to leave spools of copper wire sitting overnight, over weekends, at job sites. Now, fuings are boxed up and ·

locked up.

Industry response As in most such thefts, his

company's insurance cov­ered the loss, Rosendahl said.

Right away Monday, his employees ordered replace-ft'\".-.+ n:rW� ;Inn ;.._ �A"""' e-n.

Page 42: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

other - dubbed measures by they have rarely voked.

Under the South version ofthe must show that aerenaan publicly spread informatimll. they knew to be false, and stated or implied "that an agricultuql food product is not safe for consumption by the public."

For BPI to prove the defamation piece of its case, it would need to show that the network negligently re­ported a false statement of fact that injured its rep uta- · tion. IfBPI is deemed by the court to be a public rath.er than a private figure in the legal sense, it would have a higher bar to cross: The com­pany would need to prove ABC knew the facts it was re­porting were false or it reck­lessly disregarded the truth.

While the case is in the ear.ly stages, the network ap­pears to have a legal leg-up on both counts: ABC never said BPI's product is danger­ous, and courts have repeat­edly offered broad protections for journalists in the course of their work

But by calling a food prod­uct "slime" 137 times over the span of nearly four weeks on its newscasts, its website and on Twitter, according to BPI's tally, did ABC make the pub­lic think Ll<'TB was unsafe? If, as BPI alleges, ABC shrugged off:' intormation that

·· ����tl·t�fi�-�portmg, 'IUE'SSIY;" �d •

their court papers that this "single brief statement" was directed at "a very limited audience" and should be un­derstood as protected opin­ion.

The beef processor has also accused the network of ignoring comments and re­search from experts who pro­vided a more positive view of BPI's product

In its lawsuit, BPI de­scribed a tele_ii'Qone inter­view it said Avila <'onducted with an agricultural food­safety consultati4 David 'fheno. AccmtfingJ.O:the law­suit, Theno told Avila that BP.I's process was safe, but tiJ.e 'reporter told him be wasn't credible and hung up on him. � Avila, through ail AB�.; spokesman, declined to dis­cuss those phone calls.

Theno's comments were used in the broadcasts.

has seen buSiness from and social media about "pink slime." Cargill makes a product similar to BPI's, though it relies on dif­ferent technology and on cit­ric acid, rather than ammonium hydroxide, as a processing agent to kill po­tential pathogens.

Last spring, Cargill told Reuters, it saw an 00 percent drop in production volume of finely textured beef. Though it� production volume is still far less than a year ago, a company spokesman said de­mand is slowly returning.

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a penalty of up to 10. prison. lost about $52,000 of copper

"Copper wire theftS wire," he said, in much the been an issue for us for a same way. number of years," said Fargo ''They somehow disman-Police Ll Joel Vettel. The tied the (security) bars we Fargo Electric job was the have across our walk-in third one at the same busi- dqors," he said. "They were ness in about a year, he said. abl� to pop the door jams, The thieves are getting more get m, tl).en, the same thing organized, he said. , as at Dakota Supply. They

Rosendahl said the bur- :•·pulled my vehicles ou� used glars that hit Dakota Supply ·. <.�t;·f,��klill to Joat_\ up our were professional in thE:'<it . wu-e;. '

· · · ...

own right • Benson, like Rosendafil It happened between Sat- and Hani.s, doesn't hold out

urday aftemoon{�eqj.Qe _ ::11}\Jffi hope o,f5ee� ijle last worker left tlie:premise� ��� solv� beea�e::cop­and Monday morning when\1. :Mr·� does not have the theft: was discovered as ' · �'D.N�" that can positively soon as the doors opened. identify a particular batch.

"They pried this door "It's pretty much a generic open," Rosendahl said number per the wire manu-showing how thieves likely facturer, and whether ·it' got one garage-style door up comes to Grand Forks or Salt got inside to open another ' Lake City, Utah, it all comes similar door where they had out with �e same stamps," backed up some sort of Benson s·a�d. "It's pretty hard trailer or truck to the loading to prove ifs your wire." dock, and loaded up. Rosendahl said the only

"It had to be at least 1.\vo mark his company left on the guys, probably three or �ooden reels, for example, four," Rosendahl said show- IS a paper tag. "You can take ing some of the empty' . shelves. ''They knew what they were after." ·

They used his forklift to grab some pallets of coiled copper wire from the top shelf They also grabbed boxes of smaller gauge wire.

nesses seeldng help on how to upgrade their security. · ·Benson is a little sheepish about �BB's lack of security before the theft.

"The dumb thing is we·sell and mstall security camera systems, but I didn't have one. Never bad one in� . stalled," he �aid, . . • .

That is, until the burglary. "We have got 'em now," he

said. ''We have 16 cameras that watch about every square inch o(the puilding."

Harris said he, .too, in­stalled such· cameras after his burglary experience, plus alarms. .

In fact, he checked his video from this past week­end, but could not pick up any traffic on 48th Street at night that might have been the Dakota Supply burglars.

Rosendahl is belatedly in­stalling cameras and ala.nru;. "I like to believe in the

goodness of my fellow man," he said with a rueful smile.

Before this, it was some

:'All sizes and shapes," he sat d.

But they knew enough to g�t some of the heavy-duty Wire, worth up to $7.50 a · foot

::start With Roots · That Hold ·

Cheap aluminum wire, that looks similar inside the plastic insulation, was left undisturbed.

Gleaming copper tubing was left: leaning against a rack.

"The layman wouldn't know this," Rosendahl said, pointing out that the "cop­per-clad steel" grounding rods really contain little copper despite their appear-

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"They tookabouthalfour GRAND FORKS, ND I CAVALIER, NO I ARGYLE MN inveD;tory of copper wire," . . , HALLOCK,.MN I LANCASTER M.N ' ,· !:te sllld. He figures they �; ' . ::·

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.- __. $5,000 re ward for mfonnation leadir to an arrest of the burglars. At a regular meeting Tues­day night of the Grand Fork Builders and Trade Ex­change, he told a rapt audi­ence of the crime as a waming to all.

''We want to make the pul lie aware of this," he said; because the nearly $1 billio cost every year of such mete thefts gets pushed to con­sumers in higher constrqc­tion and repair costs.

"These thefts hurt every­one because we all end up paying for them together," Rosendahl said in his news release. "It's not right, and we're going to fight for our customers. We're going to rally the trade industries and their suppliers. We're going to raise the awarenes of this problem, and we're going to take a proactive stance to prevent this from happening again."

Page 43: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

07 MARCH 2013

HoTSHEET FoR LAw ENFORCEMENT The following may be protected under state law (N. D.C.C. Section 44-04-18.7) or applicable

federal laws and may be withheld.

(U/ /LES) - Burglary and Theft of Copper Wire A burglary took place between 1 130 hours Satu rday, March 2"d and 0719 hours Monday,

March 4th at Da kota Supply G roup ( DSG) in Grand Forks. Taken during the burgla ry were large spools

of copper wire. The bui ld i ng has no security system or cameras and at this time there is no video

from surrounding businesses. Also, due to the recent snow storm over the weekend, vehicle tire

tracks a n d suspect footprints were covered .

I nvestigators believe entry was gained to the building by the suspect(s) prying open a n

overhead door just until t h e opening was la rge enough t o a l low someone t o crawl i nside. Once

inside, it is believed that the suspect(s) opened a walk through door and then another overhead

d oor to load the spools of wire. The suspect(s) used pal let jacks, hand ca rts and a forkl ift to move the

items out of the bui ld ing. It is believed that the weight of the spools of wire ta ken was close to

30,000 lbs. so a l a rger moving truck or semi-truck would have been used.

If any agency has information regarding this burglary, or has reports of similar burglaries, please

contact the Grand Forks Police Department at 701-787-8000

CRIME SCENE DO NOT CROSS CRIME SCENE DO NOT CROSS CRIME SCENE DO NOT CROSS

NO SUC REQUEST FOR INFORMATION/CASE SUPPORT emai l : [email protected] NDSLIC : (866) 885-8295

Page 44: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

.- - - -- - ---· · --rr ···o

the world, BUSINESS

ru O F F A R G O - M O O R H E A D

RLY EDITION SATURDAY, MARCH 2, 201 3 INFORUM.COM un• ,.....· ou:uuu _. ,..,.. , �., �

mprovements to the transport

ORECAST: Page AS Oil Ktivity stretches across the northwest part of North Dakota including along Lake Sakakawea near New Town as seen July 1 2, 2009.

incident underscored the need a plan in place to take care of for a plan to protect Lake her."

Sakakawea and the Missouri River. SMAIAWU: Page A8

Copper thefts take thek toll on Fargo-Moorhead Losses, security improvements cost thousands

By Emily Welker

[email protected] FARGO - Driven by

high resale prices. steady

thefts of copper and

metal from area busi­nesses have cost area

busine�;s owners thou-

,I, I . $1.50

(Suggested retail price) Copyrtpt 2013 The Fonml

sands in both losses and in security improve­ments.

One Fargo businessman said he was hit three times by metal thieves in the past year and a half. Thieves have broken in through the door, torched

Today's weather "' • - 26°

18° Mostly cloudy Details, 06

through an old safe and stolen about $40,000 worth of metal, he estimates. One burglary was on Christmas Eve, he said, when thieves knew no one was minding the store.

THEm: Back Page

Births . . . .. . . . . . .. . . . . . . . .. . A9 Classifieds . . . . . . . . . . . . E, F Comics . . . .. . . . . . . . . . . . . . . . 85 Crosswords . . . . . . 85, F5 Metro/State . . . . A3, A6-8 Obituaries. . . . . . . . . . . . .. . . . A9 Opinion . . . . . . . . . . . . . . . . . . . . A4

Page 45: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

From Page A1 Two of the break-ins have

. been traced back to people who used to work for him.

"You feel violated, obvl­, ously,'' said the man, who

doesn't want h imself or his business to be identi­fied because he's worried it will make him more of a targPt.

"The th ing that I worr about insurance will cover the loss - but some­one's using a forklift alone. unsupervised. and some-

. one gets injured. lays there dying," he said . "You open yourself up to all k i nds of issues."

Area poltce say as long as price-> stay high and there is a market to fence

· stolen metal, t he thefts · seen over the past couple ' of years will be difficu lt to 1 stop. Authorit ies don't \ track thefts by the type of I Item stolen, so there is no i hard data on metal thefts. · But ar<'a law enforcement

officials say despite . renev. ed efforts to combat

them. metal thefcs remain 1. common problem .

Fargo and �1oorhead � pollee increase patrols of l businesses after reports of

thefts, and they've tried to convince business owners to harden themselves as targets. Like any other burglar, copper thieves seek out the simplest jobs.

Fargo Lt. Joel Vettel said he recommends alarms, surveillance cameras and locks.

Vettel said one company, Fargo E lectric Construc­tion, didn't take police sug­gestions about how to t ighten np security and was h it twice in a short period of time by copper th ieves.

"1 don't want to say they didn't follow through - hut at the end of the day, you need to do more," said Vet· tel. noti ng the busin�ss was burglarized on Friday and the police weren't notified of the crime untll Monday, which hampers their ab i lity to respond. "A larm systems arc extremely important."

The owner whose busi­ness has been h i t three times has already done a lot to protect h imself as i t i s . h e said, installing new fencing, security doors and barbed w i re around the business, even cam-

ras, at a cost of around $20,000 overall . " Aut they just wreck more stuff to

get it," he said. Two doors down, at another business, he said, thtevPs did just that, cutting through the fencing.

Pollee say the best defense has bee-n to make it more difficult for thieves to sell their stolen copper in the area and that they get good cooperation from in-town scrap metal deal­ers.

But with prices remain­ing high · at $.'l to $3.20 a pound for copper, accord­ing to local scrap metal de�:�lers. down from h ighs of as much as $4.50 a pound - that means thieves just go out <,f town to sell .

Jim Bernath , of Bernath Construction in Fargo, said he hears of local thieves taking the ir hauls all the way to Chicago or Denver.

The stolen copper market is lucrative enough that thieves aren't just will ing to pay the cost of hauling the stolen goods out of town, wht>re buyers ar less l ikely to ask ques­tions. They're also will ing to take a hit on the sale cost overall.

,J i m McCoy runs Valley Scrap Metal and J & M 'l'ruck Sales near Bar· nesville, M inn., and he said copper worth $.50,000

legit imate sa le will only bring thieves about $10,000 to $17,000 when it's fenced.

McCoy, one of the scrap metal dealers local law enforcement says has done a lot to help them bring in shady sellers. agrees there's not much market locally for scrap metal that bears signs of being stolen. But with no serial numbers, it can be hard to tell.

"If I 've got any doubt in my m ind, I p ick up t he phone and call. I don 't need money that bad l need to buy stolen stuff.·· he said.

McCoy's business is also covered by a M i nnesota law that requ ires scrap metal dealers to get a copy of the seller's d r iver's l icense and a picture of the seller's car and license plate.

North Dakota does n't have a sim i l ar law, but Fargo has a city ordinance hat requires scrap dealers

to keep records of what they've bought, w)lo the sel ler is, where they l ive and how much money the scrap dealer paid for it. .,

A bill introduced in thE' North Dakota Legi slature this year would require

scrap dealers throughout the state to keep records �imilar to Fargo's city Jaw. The bill, Senate Bill 2151, has passed the Senate but not the House.

Moorhead Police Ch ief David Ebinger said he is concerned recent thefts in the Twin Cities might show metal thieves are get­ting increasingly dosper­ate and could be a sign of thing to come in Fargo­Moorhead.

Ebinger said he hearR from colleagues there who say thie\-ell are cutting into cars to steal their catalytic converters and into homes to steal their copper wiring.

Clay County Sheriff B ill Bergquist said the houSE" thefts are not unheard of here · several flood buyout homes in Georgetown, M inn., were broken into by thieves wh o punched through t hf' Sheetrock to yank out copper wiring and plumbing, \\Tecking their resale value.

Bergquist, Ebinger and the Fargo police are all strongly beh ind Minnesota Sen. Amy Klobuchar's pro­

posal to make metal thefts a federally regu lated offense. I t would make it a fed eral crime to steal metal from critical Infra· strurturc and would

require all dealers to keep detailed rccordc; for two years, require purchases of more than $100 to be done by check rather than cash and would make sellers declare in writing that they' re authQrized to sell the met­a ls in question.

.From 2009 through 201 1, there were 25,083 insur­ance claims nationw ide re lated to metal theft, an increase of 81 percent over clA ims made bt>tween 2006 and 2008, according to a report from the National Immrance Crime Bureau cited by K1obuchar. More than 96 percont of 2009-11 elaims were for copper, according to the study.

That study reported only five claims in North Dako­ta and 224 claims in Min­nesota over those thre years, but local police say they've seen more meta l thefts in the recent years.

Klobuchar, a Democrat, re-introduced the biparti­san btll Wednesday, a pro·

posal Sen. John Hoeven. R­N D., is co-�ponsoring.

'"Tt's really a necessary ct. J t h i nk," F:hmger said . .

" WE"'rf:' $till gPTtint!' ham- . ml'rtld , "

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Page 46: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

1y that shops

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BISMARCK TRIBUNE ;2 -;J/-13

Bismarck Tribul).e • Bismarcktribune.com

Man convicted in copper wire theft By JENNY MICHAEL

Bismarck Tribune

A West Fargo man has been convicted of breaking into a Burleigh County elec­tric shop and stealing cop­per wire as part of a copper wire theft ring.

Soran Kaka, 3 9 , was found guilty by a j� at the Burleigh County Court­house on Thesday of Class C felony burglary and Class B felony then of property. He will be sentenced following a presentence investigation, Assistant Attorney General

Julie Lawyer said. Co-defendant Joel Lum­

breras pleaded guilty to the charges on Thesday morn� ing prior to Kaka's trial. Lumbreras also will be sen­tenced following a presen­tence investigation, Lawyer said.

Another co-defendant, Jerry Dean, pleaded guilty Jan. 22. South Central Dis­trict Judge D o n al d Jor­gensen sentenced him to five years in prison with four years suspended and five years of supervised proba­tion.

SALES TAX TALK

Kaka, Dean and Lumbr­eras were accused of steal­ing more than $50,000 worth of copper wire from RK Electric in Burleigh County on Aug. 2. Law enforcement officials from numerous agencies worked on the case, in which offi­cers followed a vehicle owned by Kaka as it drove from Fargo to Dickinson and back to Bismarck. The officers then witrlessed the burglary. Kaka also faces a Class B felony criminal conspiracy charge in Cass County. He

has not entered a plea in that case, in which he is accused of stealing $72,000 worth of copper wire from Bergstrom Electric in north Fargo o n July 9 . A van b e l i eved to have been involved in that case was identified as belonging to Kaka. Police obtained a war­rant to put a GPS tracking device on the · van, which aided them in following it to Bismarck in August.

(Reach Jenny Michael a t 7 0 1 - 2 5 0 - 8 2 2 5 o r jenny.michael@bismarcktri­bune.com.)

Choreographers will showcase work at the Belle

Northern Plains Dance will present "Choreogra­phers' Showcase: Unique. L o c a l . Unex p e c t e d " a t 7:30 p.m. Friday and a t 2:30 and 7:30 p.m. Saturday at the BP.IIP. MPhno r: ...

\

\ I

I

I \ \

Page 47: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

ces the : by ben­own out r longer . In the lOUSing, ' are al­>r assis­of the

Women, :en pro­ne preg· 1 their •rnment

Copper wire stolen tion is ongoing, he said. gators, with the help of the Secret Service, identified from Fargo firm the three suspects who he

FORUM NEWS SERVICE Three faCe charges said had "washed" genuine FARGO Thieves $5 bills at various locations

. broke into a Fargo busi· Of COUnterfeiting in the city, then altered ness and stole $50,000 FoRUM NEWS SERviCE them to look like higher-de· worth of copper wire FARG _ Three men are nomination ones. over the weekend, police in custod acing possible "It's a significant case, said. forgery cha s after po· . not one or two, but multiple

The theft at Fargo Elec- lice said they nnected bills," said Vette!. adding up tric Construction is be- them with a cou rfeit· to at least $2,000 ·in losses to lieved to have happened ing operation that p ed various businesses around between Friday and Mon- thousands of dollars the region, over the last sev-

. day morning, when it was fake bills. . . . . . . . , " . . eral months or so. . .

�';��:;"!..�· �:t:�:POt���- �bout 7 �-�·· Lt. . Fargo police.Lt. Joel Vet· :·., · Vetter:!· 'd the ·"washing" Joel')Vettel said · 1 'd Th · t ·i .> 't· · al " t .. l<<• ·>Wi"" • . J .:: r. ; . . 1J ;;J� -1!1H �P!��- gp�k,pah · . . e� _· que . .. n .unusu ·�r

be lture De­ill prior­> that 1d nurs­heir aid women

�d could

also de­govern-

flows. wol dis­is deliv­impacts he new

some y being r could tgust or :td Start -el cuts : school

: Mte ro� u_g tfieJI way Paye, 24, Marcus Yeah', 22, coun . fe1ters, alth'ough· 'lt m�o the _buildmg, the cul- and Nyantey Gaylah, 24, may be ally. pnts, moved the com· all of Fargo, were arrested Police continuing to pany s trucks out of �e Friday on suspicion of fa- investigate ether other way to get �t th� wrre, cilitating forgery after individuals we involved. then loa�ed lt us�ng the businesses reported re- Vettel encoura d local company s skid-steer ceiving suspicious-look- businesses and the' em-loaders, he said. . b ' ll · h' h 1 t t k "Judging by the behav- mg . 1 s

. m 1g er p oyees o a e a more

ior, judging by what they denomma�wns.. . .

careful lo�k at the $20, _$50 got away with, how they Vette! sa1d police mvestl· and $100 bills they receive. had to do it, they had a • Toll Free: 1 -877·6� significant amount of time inside the business," he said, adding, "The amount of time they spent in there certainly would indicate that they had knowledge that the alarm system either was not there or wasn't work­ing."

No arrests have been made, and the investiga-

.!WIN DOWS .! ROOFIN G

APPLIANCE CITY I Sales & SeiVice MAYTAG JENNAIR HOTPOINT TOSHIBA 1 •800•378•. 1 634 FRIGIDAIRE AMANA WHIRLPOOL LG GENERAL ELECTRIC

Elllill 701 -845-1 634

Page 48: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

BISMARCK TRIBUNE

Judge: uq!er case should proceed '

USBON (AP) - A dge has ruled that the case against a Fort Ransom woman ac sed of battering her infant son to death should proceed .

. Twenty-nine-year-old J qi Lindvall was originally charged with murder and chllq abuse for .�e death of 22-month-old Bentley Lindvall, wb died Sept. 22.

Prosecutors said an autopsy de mined the boy had been physically abused and died of a ad injury. Undvall told authorities her son hit his head while e was struggling to change his diaper.

Ransom County Judge Jay Schmitz ruled tliere's p robable cause for the murder case, but dismissed child abuse charges.

Undvall's arr 'gnment is scheduled March 6.

gainst Roland Riemers GRAND FORKS (AP) The North Dakota Supreme Court

has ruled against the m who wanted to be the North Dakota Ubertarian candidate r governor.

The state had ruled earlier tli Roland Riemers of Grand Forks didn't qualify for the ballot b use his lieutenant gov­ernor candidate didn't turn in the ri paperwork.

Riemers argued that the Democra · and Republican candidates for governor didn't fill out the aperwork cor­rectly either - and they should have been dt ed from the ballot.

The Supreme Court said in a ruling release Thesday that there s no evidence the state discriminated gainst Riemers.

Ex-tribal o MINOT (AP) - rmer Three Affiliated Tribes law

enforcement officer ace d of harboring two men who escaped from a New Town j as been sentenced to·proba­tion.

Jessica Folden was charged in deral court with hinder­ing law enforcement. The charge car1i s a maximum penal­ty of one year in prison.

Authorities said Jake White Body and B don Young Wolf were at Folden's residence after they escape om the Ger­ald Tex Fox Justice Center in NewTown last Ma

Folden allegedly lied to officers about the wher outs of the fugitives and refused to let officers search her res nee for several hours.

The two suspects were eventually apprehended. U.S. District Judge Daniel Hovland sentenced Folden to

18 months of probation.

Thieves stole $50K in copper wire FARGO (AP)- Police say thieves broke into a Fargo busi­

ness over the weekend and stole $50,000 worth of copper wire. The theft at Fargo Electric Construction was reported at

7 a.m. Monday. Police said the suspects forced their way into the build­

ing, moved the company's trucks out of the way, and used the company's skid steers to load the wire.

No arrests have been made.

rosecutors: It's not free .speech EAPOUS (AP) - Prosecutors say a former Min-

nesota n convicted of going online and encouraging two people to · mselves was not exercising his right to free speech.

Fifty-year-old Willi elchert-Dinkel was convicted in 20 1 1 of two counts of aidin icide. His attorney is asking the Minnesota Supreme Court vertum those convic­tions, saying Melchert-Dinkel's action ere protected, and that he did not directly participate in the s !ish man and a Canadian woman.

In documents filed Thesday, Rice County pros tors s::�irl MP.lc:hert-Dinkel olaved an integral role, giving the

Am vett · DEVIL! annual ga ans in N s hare st War ll, th1 other mil may have

Organi Bull Sessi in Devils 20 years ; no plans t

"The V are movin Carter, 8i "It's beco: those ofu

Carter ofyoungE

Mu "Wher

gram, I ' simple a! said.

C i ty I allowed 1 more pee thelastye growing c after the the city assessme the city workers year, but i up, Barta

Sci

er usic, in ashvi te sine€

·st da} eader.

S c hu: Europe "Remem w i t h h i orphans. adopted.

Welco works wi cies to : serves f< single f� families teenage l single we other agE shelter t

Page 49: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

sse .....,.te House l t ies l eave some quest ion i ng 1 · sup­Dalrym­meral as been n the .ts that nd im-

proved on Senate Bill 2240. A lengthy discussion took

place on the House floor, be­coming emotional at times as representatives ques­tioned parameters, called for change and pleaded for

helping the victims. Kathy Hogan (D-Fargo)

said she voted for the bill in hopes the Senate would fix it. She said she didn't like that jail time was lowered and blood alcohol content

h levels were raised. Rep. Jim Kasper (R-Fargo) expressed concern over the amount of jail time and the possibil­ity a first-time offender can

SEE DUI, PAGE A2

)y working with teens TWo men

Photos cou11esy of Dennis Jensen

•very;Wednes'day..tohY.O'uth;;to,.,Qu:w::Rictur.erhre,.fromJe.ft; Zack .Oste_r,.,.Land�n Ruis, andra Taylor is all smiles while riding a horse during a Youth For Christ outing near

1te to ter

uys who tsed about tys started

j a i l ed for stea l i ng copper BY JENNA EBERSOlE WILLISTON HERALD

Two men from Califor­nia and Washington were arrested Monday for a theft of $40,000 worth of copper wire.

The Williams County Sheriffs Office arrested James Wallace of Califor­nia and Shane Dechene of Washington in connection with the theft on Feb. 12 from JMAC Resources of Williston, according to a press release. The men are being held on Class B felony theft of property charges as well as a Class C felony charge of conspiracy to commit theft.

Det. Caleb Fry said the theft of copper wire is very common around the area, with some sitting in the ar­eas of work sites and other wire' stolen by cutting off sections of it at rig sites.

"We're seeing a lot," Fry said.

"They were getting it from everywhere," Sheriff Scott Busching said of the JMAC theft. ' The investigation into the theft is ongoing.

Two bars

WILLISTON HERALD c) ·J-�-13

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:...: . .

. @_ PROPOSED AMENOMENTS TO SENATE B ILL NO� 3-Jz- J3

Renumber accordingly .:: ' -� .. �� . . , · . ·

.'.:·. · •. : :·:�;

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. : :•.; '(

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M r . Cha i rman a n d members of the I n d ust ry, Bus iness a nd Labor Comm ittee :

My n a m e is P� i l Pfe n n ig . I am a Chief Age nt of the N o rt h Dakota B u reau of Cri m in a l. I nvest igat i o n .

. 1 a m here t�day to give t�st imony in su pport fo r Senate B i l l 4 151 . T h e t heft o f "sa lvage o r scrap" metals i s beco m i ng a b ig bus i ness. Th ieves m a ke �ate n ight vis its t o

<.� ,•:•, A

• t

const ruction sites - to steel co pper o r a l u m i n u m w i re, coi l o r tu bing; o r to a utom ot ive st ores o r mechanic shops �. �d- st�dL iea�·: ·ba te;ies o r

. cata lyti� converters which a re loaded with s m a l l a m o u rit s �f ·; �- .:-':;t, . , "

, • • ,r .� .. rtt ·�t:u.--�. t.c.'-". _ .• 1.1 • .... :,�· '! l"' · • .• ;.�. • , A - ' ·�,#,. �·- • \

t>.reci_?.us metals· s�ch �ip l_;!_rrt�iii);p a �l ad ium a n,d rhod i � m a n d used to reduce exh a ost · em is·sion s: .T�rte -· :. · ··�;:;�::;'{1�;7 .;.;-:

th ieves then d isappear,oG.n nbtiGe'G . · Theft repoits a re �ade the n ex·t day a n d loca l law e nfo rcemenFdften ' :� J. ;_-· ·tt·� ��·· ' ��;�� i- : .. .�· ... � ··:· . ..t ·•. :..,, -;. h ave ve ry l ittle cl ues reft oebinCI . ' - . ' ' . · ' •• 4 .,_�·� .. �- . '1 "! r' .. �. (#,<"!, ,· . ·-� . o�;" ·.�

J u st 5 years ago in tn�:t,i t>�t• .q u a rter of 2008, m et a l p£ices had in creased substa nt ia l ly, with s c ra p pr ices1'" _(,·' T

i n creasing 8�%. Met-� I, pr i ces h a d. b��n go ing V P fo r Jo!,J r or five yea rs, s ignifica nt ly sp ik ing i Q 2005.

before s lowly creeping Li p"'through. th e end of 2007, �h�_n prices skyrockete d .

P rices have contin ued to r ise a n d today co m m a n d a h i g h price beca use m a t e r i a l s a re d ifficu lt t o c o m e b y a n d t he demand f o r m e t a l s is h igh . Once u p o n a t ime t i re stores gave away buckets of used w h e e l w e ig hts . Now, they a re worth kee ping t o be sold as scra p meta l .

H ig h l ight ing j u st a few cases t h e B u re a u o f Cri m i n a l I nvestigation h a s investigated over t h e l a st y e a r : • $10,000 i n a l u m i n u m w i re in north centra l N o rt h Dakota . • $6,000 in car pa rts and copper tubing used in solar heat i ng south eastern N o rt h D a ko t a . • $60,000 i n coppe r wire stolen i n la rge spools fro m south ce ntra l N o rt h D a kota . • A group suspected of being i nvolved i n a th eft r i ng o rigi nat ing out of F a rgo was the foc u s of a

s u rvei l lance in the midd le of the n ight as they t raveled from F a rgo to D ick inson a n d back to B isma rck where they were witn essed ste a l i ng metals from a co nstruct i o n site ( photos) .

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·.f.< '

-� ; . .

Commodity Closing Prices chg j% Precious Metals

Gold USD/oz 1 ;581 . 93 3.42 0.22% · · . · Si lver ·

· · USD/bz · 28;99 · 0 .03 0. 10% ··· ' ' ;�:���:·:': :· � '::.'3�6j�� :· 1 .:'6Q�;��· ·. . . 3�� . -6·:;�� . i '

I r idium · USD/oz fo25 .oo · b · o.Obo/o ·

::::��:m .: rt:�:�, f : , Bf, ·'�,,:J',����i! Ei�;; '• - . ·::· �:.�: :� ·, . .,. . . � � ' �

· � · Base Meta ls ; .• _. , " · ·.:

A l u m i n u m ' · USD/Ib

Copper · .· Lead

N ickel Tin

. • . •. · :•_: i . • .

USD/Ib USDIIO .

.. USD/Ib USD/Ib

Zinc USD/Ib Steel Raw Materials

Cobalt USD/Ib Ferro Chro m e Iron Ore Fines . I ron O re Pe l lets

M a nga nese

M o lybdenum Oxide

N ickel Tin Zinc Minor Metals

Cobalt

M agnesi u m

M a nga nese

M o lybde n u m Oxide

Tanta l ite O re

USD/kg

USD/t

USD/t

USD/kg

USD/Ib

USD/Ib USD/Ib USD/Ib

USD/Ib

USD/kg

USD/kg

USD/Ib

USD/kg

Energy M inerals

·-� ._-:;:· • • "1-, ," . -· .'-<-,;- : • .

. ;·: .. � ;.: .. < .. ��---�· - · . ..-<�- i�t

D.01 . '0 .87bfo}: b. o3 · · · b. itrif�· ? / .

' 1 . . . ': . 0 .. 01 ' . · ' 1':29%·':' ' 1 .'5 1 '1 0 . 7 7 . : .· . . .

0 . 89

. , 0 .62 0.1

0

o.z:z% ·· 0 .98-?(o .: 0 .36% ··

1 1 .48 -0 .09 -0.78%

2 . 4 8

1 22 3

1 44 . 9

2 .4

1 1 1 i

7 .5 1 1 0 . 77

0 . 89

1 1 .48

2 . 9

2 . 4

1 1 . 1 1

273 37

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0 0.00%

0 0 . 00%

0 0 .00%

-0.09 -0.8 1 %

0 .02 . 6'.27% 0 . 1 0 .98%

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0 0 .00%

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:. � ; - ·-- . / · . . _. .

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Page 53: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

Crude Oi l

N at u ra l Gas

Thermal Coal > >;� .•

,·CAPP : ;f ' .. .

Urari iu·m . Oxide

USD/bbl

USD/mm

btu

1 09 96

3 . 63

USD/st ·· , §8:4 3

0.08

0.06

0

' ., · : .) . USD/Ib · · . '42 :25 . 0.25

I ndustrial Minerals ·.·. · . .. . : ' • , : . . -�: . ...- . . /. Phosphate . : · ' ·;:;;'�: . . · Rock ' ·

. � ' '

··

USD/t '·

· ', . <',' , . · · .

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0.07%

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0. 00%

0.60%.

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P h oto's of a n i nvest igati o n i nvo lv ing a very orga n ized g ro u p fro m F a rgo

t h a t were trave l i ng a l o ng t h e I 94 corr ido r a n d Hwy 85 ta rget i ng

b u s i n esses a n d ste a l i n g w i re . The gro u p h a d a contact i ns ide a

s h i p p i ng com p a ny t h a t k n ew when the w i re wo u l d be d e l ive red a n d

w h e re .

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... :

House I n d ustry, Business and Labor Comm ittee � Z / :) } . Senate B i l l 2151 (Y �� Test imony o f M ike Reitan, Assista nt Chief, West Fa rgo Pol ice 3--tZ---"ZCJ _/

Good M o rn ing Cha.irmari Keiser and mem bers oft h·� com mittee. For the record my name is M ike Reitan, Assista nt C h ief oft h e West Far�o Po l ice ·Department. I a m testifyi�g t�day i n support Clf .SenBte Bi l l 2.15·1:" The b i ll -before you today is meant to assist ip tK� 'a;ppretie�sion of- those i nd ivid u a l s tesponsible for the -

. .\ . . ·. ' • " . �i .. . .. :� '"" �,; �'"1. !.J t heft of recyclable meta l s i n the state of North .Dakota . . · · .: \ - <J ·- ' . � .

O n ·a relatively routine basis the officers of the West Fargo Pol ice Department respor:�d: to the repo rt of ..

e lectrica l wire, scrap met.; ls cw ·moto r {�hicle parts being sto len. The items sto len have .been stored fn � ��- · .i'. • • .. ····::'1 ,_, 1 �·:c���:io · ,,. · . ,r :;.

the open upon the owners. pr_§.Rerty):%1tfi i n fenGed a reas and with i n' l.ocked b u i l d i ngs. ·O n some · . _. ,, . .. ;� "' :{'&_ �-'· •. ' , ..

occasions the th ief has �used -th'e own�·r:s fork l ift. or loader to ass.ist i n ma king off with ' the property.� ···�;.;·:.� .;..,;.; .. �··:� . ·\.

.

• 7' ··� With i n West Fargo the a reas-·.i,ypicaU.y,t�'[geted are .new constr.uction a reas, body s h ops, .veb icle salvcige < _. , ' '- '-¥1. · ya rds and m a nufacturers. Whfle m B s� 1t1'� s sto len would be �onsidered scrap m a te riat , we. are also �r; .<. · : '1FfiJ

t ' •• ·�:·& - .. , -.. - ... ��-.v;;.. . seeing new electrica l wire,., a n.d,_coppe_r;: P.l! . .u:n oing p ipe being taken from construct ion sites or from the

_

• . H

contra ctor's bu i ld i ng. I have· heard repOrts from' a reas of rura l North 'o a kota that fa rm sites hilVe a lso ,. -� ·"' "'' · �, . ,, ' � ·� _ · . -�· ... ,... .

.

experien ced thefts. Overhead wiri n g, agricultural eq uipment and i rrigation tub ing a re some of th.e i tems : ta rgeted .

The West Fa rgo Pol ice Department has ta ken a pro-active a pproach to deter and investigate this type of theft . Officers are instructed to increase their patrol of new construction a reas. We check with the contra ctors to find out when electrica l wiring a nd p lum bi ng fixtures wil l be on the construction site . With the permission of the contractors the depa rtment has i nsta l led video e q u i p m e nt a n d portab le a la rm s systems to assist in apprehend i ng those responsib le for the thefts. B ut it is not a lways enough.

Scra p meta l needs to be so ld somewhere for the th ief to experience a fi nancia l g a i n . Where the s.tolen goods a re typical ly sold is to a scra p meta l dea ler. By en l isting the assista nce of scra p metal dea lers through the provisions of Senate B i l l 2151 1aw enforcement officers can be afforded the o pportun ity to review records re lating to tra nsactions i nvolving scra p metals and ide ntify i ndivi d u a ls se l l ing scrap metals in the com m unity. Such assistance is necessa ry for law enforcement to be a ble to curb the theft of recycla b le materials.

. .... ,. " '

As a reference, I have attached the more restrictive requires of M i nnesota Statute 325E .21 De.al:ers in Scra p Metal; Records, Repo rts a nd Reg.i'strat ion. I have a lso included South Dakota Cod ified Law 34A-6-108 t h rough 112 re lating to ·scra p meta l dea lers .

. • . . . '

W h i le the b i l l before us is nofas restri ctive as that fo und in M innesota or South Da kota t h e draft b i l l is � T• . -

certa in ly a step in the right di rection . I ask for your support in the passage of Senate B i l l 2 151 . Tha n k you . . , '

a nd I wo uld be wi l l ing to ta ke any questions you may have.

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2012 Minnesota Statutes 325E.21 DEALERS IN SCRAP METAL; RECORDS, REPORTS, AND REGISTRATION .

. . �. , . ; . · · ··;'. ,.,,�·tt .,,�!l.�dj'{!�t�:Wt l:.� :P�*!�.iji�n.s.,,[ �JR,pr Putr�to�es. of�b.� ��!i.\?J,R!t,· trh�.�ern'J:;> . . c[�:ijrt�q.j.�Tt!1is:st�{)cJr.,�is�qn . .havc; •�b� , ·, . .

· · . . '�';i:,, ;;��0�tg;*Mtr�g���6&tai�eY" ht ;�gency• n>���'" ' '�.1twi�d[l\[¥1����J&,J��,:;ciU; Or'fudefat ' · ·

_law enforcement agency; · . . ·. . , .

· '''1 :.-�· ' · ·

·�· . '

· • · ·. (c} . 1'l?'erson" mea�J.S:·an..inqivkfm�I� PJfJti;l!ller�lhtip, aimited!·pwttarnershi:p •. Hmited liability company�"'· .• : • . ,., . • . . , " '' · · · < '

. .. cq;�;;�;�;!�;;�n�}j i 'r·�r�Jfi, ,;;i�;: y , ,,, •• . •.. .. .• .. ...• • • . . . ·.· •·•·· •.· .• · y i • . ··· . ··':· . . . ·. ... .

• . • . ••. . ( I) wire and 'oab le coinino'trJY ruid\9�si;or��RJ1i 'ihs�dl by �.ommtnnrc�tioh and etectric· uti I ities; a11·t;f , . .. · . .

· . ·•·· ,

· · . •· .. . (2) cqpper;.aJ tn11intun.:·on,.any oth�ti\leta:J··W�ibh�dL�rnma�«ny fot.its.teus�·�or recydi11g: �ralu�:as !raiv ' · ,, '>'''' > ,. c' ·' . , :·, -�etaJ, ind):J.(!ing,:t�t�taJ:·.�Ila,t .i�:·G.om �tii�,�f£1)1 �tlll�i[i}rnaty;ai�ijiat ti�e tem� o'f.pu�c.base. . . • · - .· , · .. : · • · · .' '·' : ' ;, : ·

:,, ·· ..:· -·J·, • . . . . . . . . . . (eF'Scrap-metal dealer'!, or ��d€'la!er:.•,n1.eans;,a0per.Siti>!rn.elfllgl!lfgerdl nl!l the business.ofbuying• or seUing·.sorap ·. "'· · . ·j '''····· _,,.,. '

· meta[, Ot'both,- but does not i!it'cJnq�· ��pe[oSQn e�g�g{�!exc��snvely nil the bw�ines_$ nf bttying Or SeUing·rieWOl' :· · . . .

. �r.sed motor vehicles or motor veir!cie'paits, papet:if)it woodt prod!Uicl!:s, rags or fhrniture, or secondhand . · machinery. · : . , '

Subd. la. Purchase or acquisition record reqtlired. (a) Every scrap metal dealer, including an agent, employee, or representative ofthe dealer, shalf keep a writlten record at the time of each purchase or acquisition of scrap metaL The record must include:

( [ ) em accurate account Or description, includJing 1J:he \Vengll,lt fif CUStomarily purchased by \Veight, of the scrap meta[ purchased or acquired;

(2) the date, time, and place of the receipt oftllle SC!ffi.P met<d purchased or acquired; (3 ) the name and address of the person sell�ing or d.divering l:he scrap metal.; (4) the number of the check or electronic trnnst.er. lll!sed1 11:o purchase the scrap metal ; (5) the number of the seller's or deliverer1s driver's �iicelll\se, Minnesota identification card number, or

other identification document number of an identific:alno!ill dlocllllmen:t: issued for identification purposes by any state, federal,, or foreign government if the docUJment nlfl!dm:lles the person's photograph, full name, birth date, and signature; and

(6) rhe Hcense p late mm1.t1er ru1d d6scdptioD. ·qftbe :velinde use:d by the pet;son when delivering the scrap·

metal, and any identifYing mark:s on tr1e vehide, s�c�it M a ll:msii!lless name, decals, or markings, if applicable. '·:,:.{: ':>:". :-. •,; :-· ; '. �

·. '

(b) The record, as well a9 ihe i9�1f.PH'l.etaJprnrs4���dl on ;t�cenved, shall at aU reasonable times be open to ·. the inspection of any raw enfon::erheii(�ge11c:y. ·• ;: :: · · · · : • · . . ···

·

. · .

(c) No record is required··for'pi·op��-ey purcl1�<.t;lfirQm meir-clhtants, manufacturel's or whol.esaie dealers, ha.ving an estab:!ished . .place ofibttsh1es�; �r of any: got&& puHrc!'nased at open sale from any bankrupt stock ... but a bill of sale or other evidence of open oi' fJegHtimale �rchase of1ch1e property shall be obt.<tined and kept by the person, which must be shown upon demwad to atny �aw elfl!foJrCement agency.

(d) Except as othetiNise provided in this section, a scKa)jJJ me1tal! deafer or the dealer's agent, employee, or representative may not disclose persona[ infm1naatlimn collllc·ewlfllilil.g a ctl\Stomer \.Vithout the customer's coasent unless the disclosure is made in response to a request fmm a �aw enforcement agency. A scrap metal dealer must implement reasonable safeguards to pmtect the secunrn!J)' of the persona[ information and prevent unauthorized access to or disclosure ofthe infomattioirn .. for pmposes oftbi:s paragraph .. "persona[

https://www.revisor.mn.gov/statutes/?id=325E.21 3/1 0/20 1 3

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·; :. · _, .. ·: . . ' . � .

:;: : "; :. �

Subd. 9. Video security cameras requ.nired. (a) E<?l!ch scrnp meta] dealer s:haH ins:taH and mantlllitilm a·� each location vtd.eo s:urve!Uance cameras, stm d!ngit::atl eameniJ.S, or similar: devices positioned to recoro or photograph a fronta[ view showing the face of each sdler or pwospe:cti.ve sdl.er of scmp metal[ who eil\1l:eJrS the Roca.tr:ion. The scrap metal dealer shall afso pho1tog;raph ili.•e s:eUer's or prospective serfer's veh.id.e, tlf11cEIUidny]g I i;cense pllate, either by vrdeo camera or stitla dligntal ca:me1ra so tltr.at an accurate and corm;pfete de,sc1rttptno1rn of.!it may'b'e o'&61ined fihtli the r;ecoh:Il�gs n1:a.He by the cameras. T�:e vEdeo'tarnera or stiH d.igtuti: baR'lera. '�rn1ust be .

�ept;;�p: _O:p�b�tr,•Jg �oil��ti8lft:·.''Tn� ,��roe,r<i tm.ast l[ecolid an4 9/�sp�ay,ihei,�:�tri�t·e q.a:t;e·a,�w' tit)�tb ."fb;e;. �r�tf:oo: : .,.., : 1. : ·

cmmer�i�'dstb¢ t�irned o'ii ·at'a[J tim�s whe1rn t�-D.e Kocartion i.s ope�, 'lf�i:&ijsirte'ss. an.d';�rany�btfiertime wime1n; ·

scrap; mrneta.f is purchased.. '

· ' (b) If the sera:#,. met81l &':afef:does ndf pi�rcita:$�som�:J»!t·smy s.c:rap ri1etaf. at a sped fit · bu.si:ness h:'ttialt�it()lrr� ' · · ·· · : : . · · tll]e: ���l.er hteed hot torlipWi{.Vt'th �rj{s �llhdi.?,vis�o!!. �i{�� !feli��tto:tho$e purduases: · • · .·. · · · · · " · · : · •· • · · ' · : '· :

,.:. : .. '.· ,;;:· , , .

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.··• Hj�tory: (10225)· 190tc 228 s J:.J9)7 c 96rJ.:S· j;· I97ti.i::'Ji3 ari5:s 7; 1986 c 444;<2()05 c 10 art 2-'S 4;� ·.:.:. :

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. My Leg islative Research ·

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. 34A-6-108. Defin ition of terms. Terms used in th i s section and §'§ 34A-6-1()9, . to 34A-.6:-1 12, inclu�jv_e, mea n : , . · . .. . · · .

. • . . q} . ''Ind ustria [ :of co·mm:ercjal account," any peJ?o n 0� business,

including ·a scrap · m·etat busf.ness, operatfng from a fixed l ocatioil;: that seJis ·

non ferrous meta l tq a scr�p ,tn,etal recyt ler purs.ua nt: to a contra�uaf . . · .

' arrangement or agreerru:i:ng;: c� : ' ;:.';.�.:; ·: >· : c • ' •• ;· · · • · (2) . · "Law e.nforcernent·.dffh:�r; " a.nylaiJV enforcemeht :office.ras

defin ed in § 23-3-7; . · · . , · .

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(3) " Nonferri)t;iS:·metaJ p'rci�Mrty1" any metal property 'for whfch the va lue of the m etal Pf"'O!:/.$fliY .is. derf.V.�q ffom:the propert/s content of copper, brass, aluminum� bronz:e, lead; zincr platinu m , rhodium, pal'ladium, or

· nkkeH; or any of thefr allb')ls; Alum i'nu i'rfdoes not i'ndud e any food or beverage contafne.rs;. except for a beer keg;. .

(4) " Record/ a paper, efe.ct.ronic, or other method of storing information ;

(5) 11Scra p metal business/' a n y scrap metal su ppl ier, scra p m eta l recycling cen ter, or scrap meta l proceS;sor;

(6) "Tra nsaction/ a p ledg e to buy, the purchase of, or the tra de for a n y nonferrous metal property by a scrap m etal business from any person . A tra nsa ction does not i nclu d e a sale o r trad e. involvrng any i n d ustria l or commercia l accou nt. SolUI!r<ee: SL 2008, ch 179, § l.

Chapter 34A-6

Copyright ;!;' South Dakota Legislature .•. ail ri'ghts reserved.

http :I /legis. state.sd. us/statutes/DisplayStatute.aspx ?Type=Statute&Statute=34 A:-6-1.08 3/I.0/2013

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Page 62: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

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. PrinterFriendly Title Li$1: 34-A-6-110 . Scra p metal bus in-ess reco rds open to i nspection by faw Text Search enforcement officers .. The record required by §§ 34A-6- 108 to 34A-6-1 1 2.,

Constitution inclusive, sha U be op:en to the · inspE;d:Joq ofa'n')Haw enforcement offiicer at all . ' . . , . times during' ;the o rdinary hours Qfi:buslness' dr: at're.Bsonable times [f 6rdina'ry .

Consti.tution Quick Find ' ' · hours of busfness a r€(riCJt �ept. Tlie(r�C:ord sth3f!'b·� ma irita rned at the':foca-t!ori ·· constitUtion TeXt search that the business is corid u'cted for' one year follo:wing the d ate of the ·':; •·· ,.,

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Frequently Asked Questions

SOI!]il"t:tS: SL. 2008, ch 179, § 3.:

Chapter 34A-6 '. 1 " '

Copyrrgl1t @ Sou.th Da kota Legislature, an rights reserved. ·

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My Legislative Research Statute Quick Firid

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Printer Friendly 34A-6-1.12 . Hold on nonferrous meta l ·item suspected to be rost·or· stolen .

If .the scrap m etal business is- notified by a law er.�forcement officer that a n item of nonferrous metakproperty .has been :reported as.stolen, a scra p metal

· blisrnt:!Ss sha II hold that'propertfrntad:··and sare from aJteti:rticrn, d�tmage., or · . cdrruliingftng, and shalf.pJace a n . kleotrrying . taif or'cithef:saita b'fe itfe:ritiftca.tion

on the property . The scrap meta[ business shaJI hold the pmperty: fo:r a period of time. as directed by the law enforcement agency up \:.(/a maximi.l'rn of ten business days. . .

A l aw enforcement omc.er may not place ori hold a riy· item of nomfferrous meta l property un less that law enforcementa g'ency reasona b ly SUS]jlects· that the property is a lost or sto len ite m . Any hold that is placed on the litonferrous metal property shaH be re.moved withiri ten b ustness days. If the pmperty on hofd is determined not to be lost or Stolen, the. nonferrous metal pmperty shalf be retu rned to the owner o r released.

Soltll rce: SL 2008, ch 179, § 5 .

Chapter 34A-6

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Testi mony of H a rl a n F uglesten N o rth Da kota Associat ion of R u ra l E l ectric Coo p e ratives

Before the H o u s e I n d ustry, B u s i n ess and La bor Com m itte e SB 2151

M a rch 12, 2013

M r. C h a i r m a n and m em b e rs of the Comm ittee : My name is H a r l a n F u g l este n with the

N o rth Da kota Associ at ion of R u ra l E l ectric Cooperatives . I a m h ere th i s morn i n g to testify in

s u p port of S B 2151 . There h ave been legis l ative efforts i n m a ny states recent yea rs to crack

down o n theft of copper a n d oth e r meta ls by giving law enfo rcement the tools to i nvestigate

a n d a p p re h e n d perpetrators when they s e l l or attempt to s e l l the sto l e n property. Through o ut

the cou ntry e l ectric cooperatives h ave j o i n ed in coa l it ions to e n a ct tougher l a ws to a d d ress

scrap m etal theft, wh ich a 2009 s u rvey fou n d cost e l ectric uti l it ies more than $60 m i l l i o n in a 12

mo nth per iod . M o re i m po rtantly, co pper th eft can jeopard iz e the safety of workers and the

gen e r a l p u b l ic when t h i eves remove copper wire and oth e r scrap m eta l from s u b stat ions o r

oth e r uti l ity fac i l it ies .

Cop per th eft may b e especi a l ly a p ro b l em for rura l e lectric cooperatives which a re often

the vict ims of copper th eft because their m a ny rura l o utposts and s u b stat ions are i nviti n g

ta rgets for copper th ieves. But cop p e r th ieves ca n a lso be q u ite braze n . Last J u ne, Da kota Val ley

E lectric Coo perative's wel l- l it Wah peto n Outpost a long Hwy 13 west of the City was h it by

cop pe r th ieves. These th ieves pr ied open the overh ead d oors d u ri n g the n ight a n d used t h e co-

op's ho ist to take over $27,000 worth of copper gro u n d wire. The p e r p etrators h ave n ot yet

been caught. The N orth e rn P l a i n s E lectric co-op outpost n e a r R o l l a h a d two break- ins l a st

s u m m er. D u ri ng the fi rst break- i n , th ieves got away with over $9,300 of cop per . The t h i eves

also sto l e tools from the fac i l ity. In August, th ieves got away with m ore t h a n a thousand d o l l a rs

Page 65: 2013 SENATE JUDICIARY SB 2151...2013 SENATE JUDICIARY

wort h of cop pe r . N ow, both D a kota Va l ley a n d N o rt hern P l a i n s e q u i p a l l t h e i r o utposts with

a l a rm s that s ig n a l l oca l law enfo rcem e nt when a break- in occu rs .

B u t a l a rm s a re n ot t h e whole a n swer to the p ro b l e m . We b e l i eve that d isco u ragi n g

m et a l t heft b y m a ki n g the sto l e n p roperty m o re d ifficu lt to s e l l a n d givin g l a w e nforcement

b etter tools to a pp r e h e n d t h e m et a l th ieves is very i m po rta nt, and t h at is why we s u p p o rt SB

2151 and u rge you to give it a "DO PASS."


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