Print Friendly SENATE BILL NO. 1298 – Scrap metal dealers, records
SENATE BILL NO. 1298
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S1298................................................by JUDICIARY AND RULES
SCRAP METAL DEALERS - Adds to existing law relating to scrap metal dealers
to define terms; to require records for purchases of scrap aluminum pipe or
copper; to require maintenance of records; to provide penalties; and to
provide an exemption.
01/23 Senate intro - 1st rdg - to printing
01/24 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1298
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SCRAP METAL DEALERS; AMENDING CHAPTER 8, TITLE 31, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 31-878, IDAHO CODE, TO DEFINE TERMS, TO
4 REQUIRE RECORDS FOR PURCHASES OF SCRAP ALUMINUM PIPE OR COPPER, TO REQUIRE
5 THE MAINTENANCE OF RECORDS, TO PROVIDE PENALTIES AND TO PROVIDE AN EXEMP-
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 8, Title 31, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 31-878, Idaho Code, and to read as follows:
11 31-878. SCRAP METAL DEALERS -- RECORDS. (1) As used in this section:
12 (a) "Scrap metal" means used or discarded items which consist predomi-
13 nantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin,
14 nickel, or alloys thereof, but does not include aluminum beverage contain-
15 ers or household-generated waste; and
16 (b) "Scrap metal dealer" means any person, firm, corporation, association
17 or other recognized legal entity engaged in the business of buying or
18 selling scrap metal.
19 (2) Scrap metal dealers shall keep records of every purchase of scrap
20 aluminum pipe or scrap copper. Such records shall be made available for
21 inspection by law enforcement officers or agencies upon request at any time
22 during the scrap metal dealer's regular business hours. The records shall pro-
23 vide the following information:
24 (a) Name and address of the seller;
25 (b) Date of the purchase;
26 (c) Description of the article or articles purchased by the dealer;
27 (d) Seller's driver's license number or state identification card number,
28 or a copy of the seller's official United States military identification
29 with photograph; and
30 (e) The signature of the scrap metal dealer and the seller, as executed
31 at the time of the purchase, provided the dealer shall compare the
32 seller's signature to the signature upon the seller's license or other
33 required identification at the time of purchase.
34 (3) A scrap metal dealer shall maintain all records of purchases of scrap
35 aluminum pipe or scrap copper for a minimum period of one (1) year.
36 (4) A violation of this section shall be punishable by a civil penalty of
37 one hundred dollars ($100) for each violation, plus attorney's fees and court
38 costs incurred by the county prosecuting attorney in bringing the action.
39 (5) The provisions of this section shall not apply to items donated to
40 and subsequently sold by a scrap metal dealer.
STATEMENT OF PURPOSE
The purpose of this bill is to add a tool for law
enforcement to enable them to identify persons stealing
electrical wire and aluminum piping. Such thefts have become
an epidemic in Idaho, wherein a person will cut power lines or
steal pipes, melt them down and sell them to scrap metal
dealers. Hundreds of dollars worth of damage are typical in
these types of cases. This bill will require a scrap metal
dealer to obtain identification from any seller of scrap
copper or scrap aluminum pipe. The identifying information
will then be available upon request of law enforcement.
Failure to require and keep identification from the scrap
seller would be handled civilly, rather than criminally.
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
STATEMENT OF PURPOSE/FISCAL NOTE S 1298