View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 2008IN 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 - 2008Moved 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 - 2008IN 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