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Fri, Dec 05 2008 

Published August 20, 2008 10:18 am -

Metal law: Public protection should come first



The public hasn’t expressed much sympathy with the recycling industry over new provisions the Legislature passed and Gov. Barbour signed into law meant to deter metal thieves. Now a federal judge has turned a cold shoulder toward the industry, as well.

The provision that Metal Management Mississippi Inc. and other metal recycling businesses find onerous is the part of the law that requires recyclers to tag and hold certain metals, including copper, for three days before mailing checks or making electronic transactions for the metals.

Another provision of Senate Bill 2006 that the Legislature approved requires metal dealers to register with the state. So far, about 22 of an estimated 200 dealers have registered, according to Secretary of State Delbert Hosemann’s office. They have until Sept. 5.

But U.S. District Judge Henry Wingate last week denied the industry’s request to block the tagging provision. The judge rightly characterized metal theft as a “disturbing epidemic” in Mississippi that needs “a law enforcement hammer which could strike at the criminal menace sought to be controlled, namely the theft of targeted metals and their consequential anonymous quick cash sale to largely unregulated metal recyclers.”

Wingate is right and the Legislature is right on this and the recyclers chafing at the law’s provisions are flat out wrong.

Senate Bill 2006 had already been changed to accommodate the industry after Barbour vetoed it in April and lawmakers passed a revised version of it in special session. But that still wasn’t enough.

Well, with this ruling, enough is enough.

As stated in The Clarion-Ledger by Mark McCreery, chairman and president of SafeCity, the state’s crime watchdog group:

— When a nonprofit like Magnolia Speech School faces near closure because of $110,000 in damage caused by copper thieves, it’s a problem.

— When a Jackson tornado siren doesn’t sound in a storm because the copper wires have been ripped out, it’s a problem.

— When a day care owner has to shut down her business and shuttle children home in the heat because her air conditioner was stolen, it’s a problem.

— When folks visit their loved one’s grave only to find grandmother’s bronze graveside vase ripped off, it’s a problem.

If metal recyclers can’t overcome a little inconvenience to their business to protect the public from these problems, then the Mississippi public doesn’t need them.

Those who won’t comply in order to deter thieves are welcome to go into another line of business. There will be plenty of responsible people who are good members of the communities in this state to take their place and comply with the law.

The world is becoming increasingly “green,” reusing scarce resources. So, those in the recycling business shouldn’t fear from an increasing “burden” of being accountable. Their business is growing and is likely to continue to grow, despite this reasonable law that only requires accountability.



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