2006 Legislation
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SENATE BILL NO. 1298 – Scrap metal dealers, records

SENATE BILL NO. 1298

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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-
  6        TION.
                                                                        
  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 / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 15622
                                 
    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. 


                           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
    
    
    STATEMENT OF PURPOSE/FISCAL NOTE                  S 1298