SENATE BILL NO. 1372

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Bill Status



S1372aaH.............................................by JUDICIARY AND RULES
SCRAP DEALERS - Amends existing law relating to scrap dealers to revise
requirements relating to certain purchases or transports of scrap; and to
revise application of penalties.

02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to Jud
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Lodge, McKenzie
    Floor Sponsor - Darrington
    Title apvd - to House
02/14    House intro - 1st rdg - to Jud
02/20    Rpt out - to Gen Ord
02/26    Rpt out amen - to 1st rdg as amen
02/27    1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
03/03    3rd rdg as amen - PASSED - 62-4-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hart, Harwood, Henderson,
      Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher,
      Mathews, McGeachin, Mortimer, Moyle, Nielsen, Pasley-Stuart, Patrick,
      Pence, Raybould, Ringo, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24), Smith(30),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(27), Wood(35)
      NAYS -- Bowers, Hagedorn, Marriott, Nonini
      Absent and excused -- Henbest, Luker, Roberts, Mr. Speaker
    Floor Sponsor - Harwood
    Title apvd - to Senate
03/04    Senate concurred in House amens - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/07    3rd rdg as amen - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Broadsword, Gannon, Siddoway
    Floor Sponsor - Darrington
    Title apvd - to enrol
03/10    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/14    Governor signed
         Session Law Chapter 100
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1372

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO SCRAP DEALERS; AMENDING SECTION 54-2702, IDAHO CODE, TO MAKE TECH-
  3        NICAL CORRECTIONS; AND AMENDING SECTION 54-2703,  IDAHO  CODE,  TO  REVISE
  4        APPLICATION OF PENALTIES.

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION  1.  That  Section 54-2702, Idaho Code, be, and the same is hereby
  7    amended to read as follows:

  8        54-2702.  RECORDS OF PURCHASES OF SCRAP REQUIRED --  CONTENTS.  (1)  Every
  9    scrap  dealer  shall  keep  a legible record describing scrap purchased by him
 10    from individuals together with the date and place of such purchase.  In  addi-
 11    tion, he shall obtain from such individual from whom such purchase is made his
 12    name  and  address  and  shall  make a legible record of the same. The records
 13    shall include the number of the driver's license of the individual  from  whom
 14    such  scrap is purchased together with the license plate number of the vehicle
 15    in which he is transporting his scrap as well as information from any receipts
 16    that are applicable. Such record and entries therein shall  at  all  times  be
 17    open  to inspection and shall be produced upon request of the state police, by
 18    the sheriff of the county or any of his deputies, by any member of the  police
 19    force  in  a  city  or town and any constable in the county in which the scrap
 20    dealer does business.
 21        (2)  Every person who purchases or transports scrap in an amount over  one
 22    hundred  (100)  pounds  shall be required to possess a receipt from the person
 23    from whom the scrap is obtained or possess a bill of lading for the  scrap.  A
 24    copy  of  this  receipt  or bill of lading shall be held by the transporter or
 25    purchaser, who shall make it available for inspection  by  state  police,  the
 26    county sheriff or his deputies, or any member of a city police department that
 27    has proper jurisdiction.

 28        SECTION  2.  That  Section 54-2703, Idaho Code, be, and the same is hereby
 29    amended to read as follows:

 30        54-2703.  PENALTIES FOR VIOLATIONS OF ACT. (1) Any scrap dealer or  person
 31    who  shall  be found guilty of, enter a plea of guilty for, or be convicted of
 32    an intentional violation of any of the provisions of this act shall be  guilty
 33    of  a  misdemeanor upon the first violation within a five (5) year period, and
 34    shall be fined not less than two hundred fifty dollars ($250)  nor  more  than
 35    one  thousand dollars ($1,000) or imprisoned for a period not in excess of six
 36    (6) months, or both, in the discretion of the court. Any scrap dealer or  per-
 37    son  who shall be found guilty, enter a plea of guilty for, or be convicted of
 38    an intentional violation of any of the provisions of this act for  the  second
 39    time  within  five  (5)  years, notwithstanding the form of the judgment(s) or
 40    withheld judgment(s), shall be guilty of a felony.  Provided,  that  this  act
 41    shall  not  be construed to in anywise impair the power of counties, cities or

                                       2

  1    incorporated municipalities in this state to license,  tax  and  regulate  any
  2    scrap dealer.
  3        (2)  In addition to the criminal penalties provided in this section, every
  4    person  convicted  of  a violation of the provisions of this chapter shall pay
  5    restitution in accordance with chapter 53, title 19, Idaho Code.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Smith (24)

                                                     Seconded by      Luker


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO S.B. NO. 1372

  1                                AMENDMENT TO SECTION 1
  2        On page 1  of the printed bill, in  line  21,  following  "scrap"  insert:
  3    "obtained from another".

  4                                 CORRECTION TO TITLE
  5        On  page  1,  in  line  3,  following "CORRECTIONS" insert: "AND TO REVISE
  6    REQUIREMENTS RELATING TO CERTAIN PURCHASES OR TRANSPORTS OF SCRAP".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                       SENATE BILL NO. 1372, As Amended in the House

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO SCRAP DEALERS; AMENDING SECTION 54-2702, IDAHO CODE, TO MAKE TECH-
  3        NICAL CORRECTIONS AND TO REVISE REQUIREMENTS RELATING TO CERTAIN PURCHASES
  4        OR TRANSPORTS OF SCRAP; AND  AMENDING  SECTION  54-2703,  IDAHO  CODE,  TO
  5        REVISE APPLICATION OF PENALTIES.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section 54-2702, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        54-2702.  RECORDS OF PURCHASES OF SCRAP REQUIRED --  CONTENTS.  (1)  Every
 10    scrap  dealer  shall  keep  a legible record describing scrap purchased by him
 11    from individuals together with the date and place of such purchase.  In  addi-
 12    tion, he shall obtain from such individual from whom such purchase is made his
 13    name  and  address  and  shall  make a legible record of the same. The records
 14    shall include the number of the driver's license of the individual  from  whom
 15    such  scrap is purchased together with the license plate number of the vehicle
 16    in which he is transporting his scrap as well as information from any receipts
 17    that are applicable. Such record and entries therein shall  at  all  times  be
 18    open  to inspection and shall be produced upon request of the state police, by
 19    the sheriff of the county or any of his deputies, by any member of the  police
 20    force  in  a  city  or town and any constable in the county in which the scrap
 21    dealer does business.
 22        (2)  Every person who purchases or transports scrap obtained from  another
 23    in  an  amount  over  one  hundred (100) pounds shall be required to possess a
 24    receipt from the person from whom the scrap is obtained or possess a  bill  of
 25    lading  for  the scrap. A copy of this receipt or bill of lading shall be held
 26    by the transporter or purchaser, who shall make it available for inspection by
 27    state police, the county sheriff or his deputies, or  any  member  of  a  city
 28    police department that has proper jurisdiction.

 29        SECTION  2.  That  Section 54-2703, Idaho Code, be, and the same is hereby
 30    amended to read as follows:

 31        54-2703.  PENALTIES FOR VIOLATIONS OF ACT. (1) Any scrap dealer or  person
 32    who  shall  be found guilty of, enter a plea of guilty for, or be convicted of
 33    an intentional violation of any of the provisions of this act shall be  guilty
 34    of  a  misdemeanor upon the first violation within a five (5) year period, and
 35    shall be fined not less than two hundred fifty dollars ($250)  nor  more  than
 36    one  thousand dollars ($1,000) or imprisoned for a period not in excess of six
 37    (6) months, or both, in the discretion of the court. Any scrap dealer or  per-
 38    son  who shall be found guilty, enter a plea of guilty for, or be convicted of
 39    an intentional violation of any of the provisions of this act for  the  second
 40    time  within  five  (5)  years, notwithstanding the form of the judgment(s) or
 41    withheld judgment(s), shall be guilty of a felony.  Provided,  that  this  act

                                       2

  1    shall  not  be construed to in anywise impair the power of counties, cities or
  2    incorporated municipalities in this state to license,  tax  and  regulate  any
  3    scrap dealer.
  4        (2)  In addition to the criminal penalties provided in this section, every
  5    person  convicted  of  a violation of the provisions of this chapter shall pay
  6    restitution in accordance with chapter 53, title 19, Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                               
                           RS 17735
                               
  The purpose of this bill is to clarify that a person who
  violates Idaho Code 54-2702(2), pertaining to transporting
  scrap in an amount over one hundred pounds, may be validly
  prosecuted under Idaho Code 54-2703, which is the penalty
  section for violation of 54-2702.  When 54-2703 was
  originally drafted, no reference was made to persons violating
  54-2702(2), thereby creating a loophole for those in
  violation to escape prosecution and punishment.
  
  
  
  
                        FISCAL IMPACT
  
  There will be no impact on the general fund of the state
  as a result of this bill.
  
  
  CONTACT:  Michael J. Kane, Idaho Sheriffs Association
            Phone: 342-4545
       
            Senator Denton Darrington
            Phone: 332-1317
  
  
  STATEMENT OF PURPOSE/FISCAL NOTE                      S 1372