2008 Legislation
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HOUSE BILL NO. 526<br /> – Scrap dealers, records

HOUSE BILL NO. 526

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Bill Status



H0526aa.......................................by TRANSPORTATION AND DEFENSE
SCRAP DEALERS - Amends existing law relating to scrap dealers to revise the
content of records required for purchases of scrap for $10.00 or less.

02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/20    To Gen Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
02/29    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Shepherd(02), Wills
    Floor Sponsor - Schaefer
    Title apvd - to Senate
03/03    Senate intro - 1st rdg - to Transp
03/07    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, Richardson, Schroeder, Siddoway,
      Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon, Jorgenson, McKenzie, Pearce
    Floor Sponsors - Corder & Broadsword
    Title apvd - to House
03/14    To enrol
03/17    Rpt enrol - Sp signed - Pres signed
03/18    To Governor
03/19    Governor signed
         Session Law Chapter 213
         Effective: 07/01/08

Bill Text




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 526

                          BY TRANSPORTATION AND DEFENSE COMMITTEE

  1                                        AN ACT
  2    RELATING TO SCRAP DEALERS; AMENDING SECTION 54-2702, IDAHO CODE, TO REVISE THE
  3        CONTENT OF RECORDS REQUIRED FOR PURCHASES OF SCRAP FOR TWENTY  DOLLARS  OR
  4        LESS AND TO MAKE TECHNICAL CHANGES.

  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  the  scrap  dealer shall obtain from such individual from whom such
 12    purchase is made, his the individual's name and address and shall make a legi-
 13    ble record of the same. The records shall include the number of  the  driver's
 14    license  of the individual from whom such scrap is purchased together with the
 15    license plate number of the vehicle in which he is transporting his scrap,  as
 16    well  as  information from any receipts that are applicable. Provided however,
 17    for any purchase from an individual that is twenty dollars ($20.00)  or  less,
 18    the scrap dealer shall not be required to include in his records the number of
 19    the  driver's license of the individual or the individual's license plate num-
 20    ber of the vehicle in which such individual is transporting his scrap.
 21        (2)  Such record and entries therein shall at all times be open to inspec-
 22    tion and shall be produced upon request of the state police, by the sheriff of
 23    the county or any of his deputies, by any member of the police force in a city
 24    or town and any constable in the county in which the scrap dealer  does  busi-
 25    ness.
 26        (3)  Every  person who purchases or transports scrap in an amount over one
 27    hundred (100) pounds shall be required to possess a receipt  from  the  person
 28    from  whom  the scrap is obtained or possess a bill of lading for the scrap. A
 29    copy of this receipt or bill of lading shall be held  by  the  transporter  or
 30    purchaser, who shall make it available for inspection by the state police, the
 31    county sheriff or his deputies, or any member of a city police department that
 32    has proper jurisdiction.

Amendment




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

                                                                       

                                                     Moved by    Schaefer

                                                     Seconded by    Wills


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 526

  1                                AMENDMENT TO SECTION 1
  2        On page 1 of  the  printed  bill,  in  line  17,  delete  "twenty  dollars
  3    ($20.00)" and insert: "ten dollars ($10.00)".

  4                                 CORRECTION TO TITLE
  5        On page 1, in line 3, delete "TWENTY" and insert: "TEN".

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




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                               HOUSE BILL NO. 526, As Amended

                          BY TRANSPORTATION AND DEFENSE COMMITTEE

  1                                        AN ACT
  2    RELATING TO SCRAP DEALERS; AMENDING SECTION 54-2702, IDAHO CODE, TO REVISE THE
  3        CONTENT OF RECORDS REQUIRED FOR PURCHASES OF SCRAP FOR TEN DOLLARS OR LESS
  4        AND TO MAKE TECHNICAL CHANGES.

  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 the scrap dealer shall obtain from such  individual  from  whom  such
 12    purchase is made, his the individual's name and address and shall make a legi-
 13    ble  record  of the same. The records shall include the number of the driver's
 14    license of the individual from whom such scrap is purchased together with  the
 15    license  plate number of the vehicle in which he is transporting his scrap, as
 16    well as information from any receipts that are applicable.  Provided  however,
 17    for  any purchase from an individual that is ten dollars ($10.00) or less, the
 18    scrap dealer shall not be required to include in his records the number of the
 19    driver's license of the individual or the individual's license plate number of
 20    the vehicle in which such individual is transporting his scrap.
 21        (2)  Such record and entries therein shall at all times be open to inspec-
 22    tion and shall be produced upon request of the state police, by the sheriff of
 23    the county or any of his deputies, by any member of the police force in a city
 24    or town and any constable in the county in which the scrap dealer  does  busi-
 25    ness.
 26        (3)  Every  person who purchases or transports scrap in an amount over one
 27    hundred (100) pounds shall be required to possess a receipt  from  the  person
 28    from  whom  the scrap is obtained or possess a bill of lading for the scrap. A
 29    copy of this receipt or bill of lading shall be held  by  the  transporter  or
 30    purchaser, who shall make it available for inspection by the state police, the
 31    county sheriff or his deputies, or any member of a city police department that
 32    has proper jurisdiction.

Statement of Purpose / Fiscal Impact


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                    STATEMENT OF PURPOSE

                          RS 17855

  Scrap Dealers make very small purchases of scrap metals
  ranging from under a dollar to just a few dollars, and from
  people who have no drivers licenses, and either walk or ride
  a bicycle or golf cart.  The amount of paperwork required by
  these small purchases often is burdensome, and is not
  necessary to tracking criminal activity.  A ten dollar
  threshold appears low enough to exclude criminal activity. 
  Scrap dealers early recognize those who are breaking the law
  and have been helpful in providing law enforcement with such
  information.  This legislation will lessen the amount of
  unnecessary paperwork for scrap dealers.

  
                        FISCAL NOTE

  None to the state or local government.
  
  
  Contact
  Name:     Representative Robert Schaefer     
  Phone:    208-332-1224   
  
  Statement of Purpose/Fiscal Impact                H 526AA   
  
 
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