Jeff DeMoss

A legislative attempt by Ogden's state senator and police chief to curb the theft of copper wire and other metals failed on the Senate floor Tuesday.

Senate Bill 194, sponsored by Sen. Jon Greiner, R-Ogden, was an attempt to build on a similar effort last year. It would have required would-be sellers of scrap metal without in-state identification to provide a fingerprint as part of a transaction.

Another provision of the bill would require metal dealers to hold certain suspect metals and metal items for seven days before selling them. Suspect items include copper wire and tubing, grave-site plaques and a host of other items.

It also would have prohibited cash purchases of more than $100 by dealers and would hold defendants liable for damages caused during the theft of certain metals and items.

"The purpose of this bill is to try to cut down the amount of damage to property and easy flow of cash to drug dealers," Greiner said.

It is very difficult or impossible for law enforcement to follow up on metal theft claims without a fingerprint, he added.

Sen. Scott McCoy, D-Salt Lake City, said requiring fingerprints from out-of-state sellers, but not from in-state sellers, could present legal issues regarding interstate commerce.

"I don't think you're allowed to burden commerce from out of state with different rules versus in-state," McCoy said.

Even after amending the bill to exclude the fingerprint requirement, the Senate voted 14-13 to defeat the proposal.

Scrap-metal industry representatives have been pushing legislators to vote against the bill, saying it would be overly burdensome on their business.

Ken Swenson, a spokesman for Western Metals Recycling, which has a scrap-metal operation near the Nucor Corp. recycling plant in northern Box Elder County, said there are adequate safeguards are already in place.

"The current laws are plenty and ample if they are just implemented and enforced," Swenson said. "If you came and sold us scrap today, by the time you leave, we've taken live video of the transaction, we've taken your photograph three times, your license-plate number, and a copy of your driver's license."