SENATE BILL NO. 1372
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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
]]]] 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.
]]]] 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".
]]]] 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
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