Bill Text: IA HF2206 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act specifying requirements applicable to salvage dealers and recyclers, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-07 - Subcommittee, Iverson, Brandenburg, and Lykam. H.J. 216. [HF2206 Detail]
Download: Iowa-2011-HF2206-Introduced.html
House
File
2206
-
Introduced
HOUSE
FILE
2206
BY
IVERSON
A
BILL
FOR
An
Act
specifying
requirements
applicable
to
salvage
dealers
1
and
recyclers,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5024YH
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2206
Section
1.
NEW
SECTION
.
714I.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Nonferrous
material”
means
copper,
copper
alloys,
4
stainless
steel,
or
aluminum.
5
2.
“Recycler”
means
any
person
engaged
in
the
business
of
6
buying
or
selling
salvaged
materials
for
conversion
by
that
7
person
or
another
person
or
facility
into
raw
materials
or
8
products
composed
primarily
of
recycled
material.
“Recycler”
9
does
not
include
a
vehicle
recycler
subject
to
chapter
321H
or
10
a
redemption
center
subject
to
chapter
455C.
11
3.
“Salvage
dealer”
means
any
person
engaged
in
the
business
12
of
buying,
selling,
and
dealing
in
salvaged
materials.
13
4.
“Salvaged
material”
means
scrap
iron,
brass,
lead,
copper
14
or
aluminum
wire
or
tubing,
and
other
scrap
metals.
15
Sec.
2.
NEW
SECTION
.
714I.2
Salvage
dealers
——
sales
and
16
purchase
records.
17
1.
The
county
board
of
supervisors
in
each
county
shall
18
adopt
an
ordinance
requiring
a
salvage
dealer
or
recycler
to
19
maintain
complete,
accurate,
and
legible
records
in
the
English
20
language
of
all
purchases
and
receipt
of
salvaged
materials.
21
The
ordinance
shall
require
a
salvage
dealer
to
maintain
the
22
following
records:
23
a.
The
identity
of
the
person
from
whom
the
salvaged
24
material
was
received
or
purchased,
including
name
and
address;
25
date
of
birth;
Iowa
driver’s
license
number,
Iowa
nonoperator’s
26
identification
card
number,
or
social
security
number
in
27
conjunction
with
photo
identification;
and
sex,
age,
height,
28
and
race.
29
b.
The
vehicle
license
plate
number
of
the
vehicle
that
30
delivered
the
salvaged
material
to
the
salvage
dealer,
if
31
applicable.
32
c.
The
date
and
hour
of
the
purchase
or
receipt
of
the
33
salvaged
material.
34
d.
A
reasonably
accurate
inventory
and
description
of
the
35
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salvaged
material
obtained.
1
e.
The
value
of
or
amount
paid
for
the
salvaged
material.
2
f.
The
weight
or
other
measurable
quantity
of
the
salvaged
3
material.
4
g.
From
whom
and
at
what
time
and
place
the
salvaged
5
material
was
obtained
by
the
person
from
whom
it
was
purchased
6
or
received,
if
known.
7
h.
The
date
and
manner
of
disposition
by
the
salvage
dealer
8
of
the
salvaged
material
by
each
article
or
in
bulk.
9
i.
The
name
and
address
of
the
person
to
whom
the
salvaged
10
material
was
sold
or
otherwise
disposed
of.
11
Sec.
3.
NEW
SECTION
.
714I.3
Payment
——
nonferrous
material.
12
1.
A
salvage
dealer
or
recycler
shall
not
provide
payment
13
for
nonferrous
material
unless,
in
addition
to
meeting
14
the
record
requirements
of
section
714I.2,
the
following
15
requirements
are
met:
16
a.
(1)
The
payment
for
the
material
is
to
be
made
by
17
cash
or
check.
The
check
may
be
mailed
to
the
seller
at
the
18
address
provided
on
the
driver’s
license
or
nonoperator’s
19
identification
card
obtained
pursuant
to
section
714I.2,
20
subsection
2,
or
the
cash
or
check
may
be
collected
by
the
21
seller
from
the
salvage
dealer
or
recycler
on
or
after
the
22
third
business
day
after
the
date
of
sale.
23
(2)
If
the
seller
prefers
to
have
the
check
for
the
material
24
mailed
to
an
alternative
address,
other
than
a
post
office
25
box,
the
salvage
dealer
or
recycler
shall
obtain
a
copy
of
a
26
gas
or
electric
utility
bill
addressed
to
the
seller
at
that
27
alternative
address
with
a
payment
due
date
no
more
than
two
28
months
prior
to
the
date
of
sale.
29
(3)
This
paragraph
“a”
shall
not
apply
if,
during
the
30
three-month
interval
prior
to
the
date
of
sale,
the
salvage
31
dealer
or
recycler
completes
five
or
more
separate
transactions
32
per
month,
on
five
or
more
separate
days
per
month,
with
the
33
seller.
34
b.
At
the
time
of
sale,
the
salvage
dealer
or
recycler
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obtains
a
clear
photograph
or
video
of
the
seller
in
addition
1
to
the
photographic
identification
required
in
section
714I.2.
2
c.
The
salvage
dealer
or
recycler
obtains
a
clear
photograph
3
or
video
of
the
nonferrous
material
being
purchased.
4
2.
This
section
shall
not
apply
if,
on
the
date
of
sale,
the
5
salvage
dealer
or
recycler
has
on
file
or
receives
all
of
the
6
following:
7
a.
The
name,
physical
business
address,
and
business
8
telephone
number
of
the
seller’s
business.
9
b.
The
business
license
number
or
tax
identification
number
10
of
the
seller’s
business.
11
c.
A
copy
of
the
valid
driver’s
license
of
the
person
12
delivering
the
nonferrous
material
on
behalf
of
the
seller
to
13
the
salvage
dealer
or
the
recycler.
14
Sec.
4.
NEW
SECTION
.
714I.4
Retention
of
records
——
15
unauthorized
disclosure.
16
1.
Records
required
or
information
obtained
pursuant
to
17
this
chapter
shall
be
preserved
for
a
minimum
of
two
years
from
18
the
date
of
purchase
or
receipt
and
maintained
at
the
place
of
19
business
of
the
salvage
dealer
or
recycler.
20
2.
Any
unauthorized
disclosure
of
personal
identification
21
information
collected
from
a
seller
by
a
salvage
dealer
or
22
recycler
is
prohibited,
and
any
such
disclosure
shall
render
23
the
violator
subject
to
the
penalty
provisions
of
section
24
714I.7.
25
Sec.
5.
NEW
SECTION
.
714I.5
Inspections.
26
1.
Every
salvage
dealer
or
recycler
shall,
during
normal
27
business
hours,
allow
periodic
inspection
by
a
peace
officer
of
28
any
premises
maintained
and
any
salvage
material
thereon
for
29
the
purpose
of
determining
compliance
with
the
recordkeeping
30
and
payment
requirements
of
this
chapter,
and
shall
during
31
those
hours
produce
records
of
sales
and
purchases
and
all
32
property
purchased
incident
to
those
transactions
which
is
in
33
the
possession
of
the
salvage
dealer
or
recycler.
34
2.
For
the
purposes
of
this
chapter,
“peace
officer”
means
35
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any
of
the
following:
1
a.
An
officer
holding
a
warrant
authorizing
the
officer
to
2
search
for
personal
property.
3
b.
A
person
appointed
by
the
sheriff
of
a
county
or
4
appointed
by
the
head
of
the
department
of
a
city.
5
c.
An
officer
holding
a
court
order
directing
the
officer
to
6
examine
the
records
or
property.
7
Sec.
6.
NEW
SECTION
.
714I.6
Property
subject
to
hold.
8
1.
Whenever
a
peace
officer
has
probable
cause
to
believe
9
that
property
in
the
possession
of
a
salvage
dealer
or
10
recycler
is
stolen,
in
lieu
of
seizing
the
property,
the
peace
11
officer
may
place
a
hold
on
the
property
for
a
period
not
12
to
exceed
ninety
days.
When
a
peace
officer
places
a
hold
13
on
the
property,
the
peace
officer
shall
provide
the
salvage
14
dealer
or
recycler
a
written
notice
at
the
time
the
hold
15
is
placed,
describing
the
item
or
items
to
be
held
plus
an
16
applicable
case
number.
During
this
period,
the
salvage
dealer
17
or
recycler
shall
not
release
or
dispose
of
the
property,
18
except
pursuant
to
a
court
order
or
upon
receipt
of
a
written
19
authorization
signed
by
a
peace
officer
who
is
a
member
of
the
20
law
enforcement
agency
of
which
the
peace
officer
placing
the
21
hold
on
the
property
is
a
member.
Except
as
specifically
set
22
forth
in
this
section,
a
salvage
dealer
or
recycler
shall
not
23
be
subject
to
civil
liability
for
compliance
with
this
section.
24
2.
Whenever
property
that
is
in
the
possession
of
a
salvage
25
dealer
or
recycler
is
subject
to
a
hold
and
the
property
is
26
required
by
a
peace
officer
in
a
criminal
investigation,
the
27
salvage
dealer
or
recycler,
upon
reasonable
notice,
shall
28
produce
the
property
at
reasonable
times
and
places
or
may
29
deliver
the
property
to
any
peace
officer
upon
the
request
of
30
any
peace
officer
who
is
a
member
of
the
law
enforcement
agency
31
of
which
the
peace
officer
placing
the
hold
on
the
property
is
32
a
member.
33
3.
Whenever
property
that
is
in
the
possession
of
a
salvage
34
dealer
or
recycler
is
subject
to
a
hold
and
the
property
is
no
35
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longer
required
for
the
purpose
of
criminal
investigation,
the
1
law
enforcement
agency
that
placed
the
hold
on
the
property
2
shall
undertake
the
following:
3
a.
If
the
law
enforcement
agency
has
no
knowledge
of
the
4
property
on
hold
being
reported
as
stolen,
the
property
shall
5
be
released
upon
written
notice
to
the
salvage
dealer
or
6
recycler.
The
notice
shall
be
provided
in
a
timely
fashion.
7
b.
If
the
law
enforcement
agency
has
knowledge
that
the
8
property
has
been
reported
stolen,
the
law
enforcement
agency
9
shall
notify
the
person
who
reported
the
property
as
stolen
of
10
the
name
and
address
of
the
salvage
dealer
or
recycler
holding
11
the
property
and
authorize
the
release
of
the
property
to
that
12
person
within
sixty
days
following
delivery
of
the
notice.
If
13
the
owner
of
property
that
has
been
reported
as
stolen
seeks
to
14
recover
property
that
is
subject
to
a
hold,
the
salvage
dealer
15
or
recycler
shall
advise
the
owner
of
the
property
of
the
name
16
and
badge
number
of
the
peace
officer
who
placed
the
hold
on
17
the
property
and
the
name
of
the
law
enforcement
agency
of
18
which
the
officer
is
a
member.
If
the
property
is
not
required
19
to
be
held
pursuant
to
a
criminal
prosecution
the
hold
shall
20
be
released.
21
c.
Upon
conviction
of
a
person
for
the
theft
of
property
22
placed
on
hold
pursuant
to
this
section,
the
court
shall
order
23
the
person
convicted
to
do
both
of
the
following:
24
(1)
Pay
the
salvage
dealer
or
recycler
reasonable
costs
for
25
the
storage
of
the
property.
26
(2)
Pay
the
owner
of
the
stolen
property
for
both
the
value
27
of
the
property
stolen
and
any
reasonable
collateral
damage
28
caused
in
the
commission
of
the
theft.
29
Sec.
7.
NEW
SECTION
.
714I.7
Penalty.
30
1.
A
violation
of
this
chapter
is
a
simple
misdemeanor.
31
2.
A
second
or
subsequent
violation
of
this
chapter
is
32
a
serious
misdemeanor,
and
may
subject
the
violator
to
the
33
possible
suspension,
revocation,
or
nonrenewal
of
a
license
or
34
permit,
if
issued
by
the
state
or
a
political
subdivision
of
35
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the
state,
under
conditions
or
as
prescribed
by
the
licensing
1
authority.
2
Sec.
8.
REPEAL.
Section
714.27,
Code
Supplement
2011,
is
3
repealed.
4
EXPLANATION
5
This
bill
specifies
requirements
applicable
to
salvage
6
dealers
and
recyclers,
primarily
relating
to
recordkeeping
and
7
identification
of
buyers
and
sellers
of
salvaged
materials.
8
The
bill
provides
several
definitions.
The
bill
defines
9
“nonferrous
material”
to
mean
copper,
copper
alloys,
stainless
10
steel,
or
aluminum.
The
bill
defines
“recycler”
to
mean
any
11
person
engaged
in
the
business
of
buying
or
selling
salvaged
12
materials
for
conversion
by
that
person
or
another
person
or
13
facility
into
raw
materials
or
products
composed
primarily
of
14
recycled
material,
not
including
a
vehicle
recycler
subject
15
to
Code
chapter
321H
or
a
redemption
center
subject
to
Code
16
chapter
455C.
The
bill
defines
a
“salvage
dealer”
to
mean
any
17
person
engaged
in
the
business
of
buying,
selling,
and
dealing
18
in
salvaged
materials.
The
bill
defines
“salvaged
materials”
19
to
mean
scrap
iron,
brass,
lead,
copper
or
aluminum
wire
or
20
tubing,
and
other
scrap
metals.
21
The
bill
provides
that
the
county
board
of
supervisors
in
22
each
county
shall
adopt
an
ordinance
requiring
a
salvage
dealer
23
or
recycler
to
maintain
records
of
all
purchases
and
receipt
24
of
salvaged
materials.
The
bill
specifies
that
the
records
25
shall
include
the
identity
of
the
person
from
whom
the
salvaged
26
material
was
received
or
purchased,
including
name
and
address;
27
date
of
birth;
Iowa
driver’s
license
number,
Iowa
nonoperator’s
28
identification
card
number,
or
social
security
number
in
29
conjunction
with
photo
identification;
and
sex,
age,
height,
30
and
race;
the
vehicle
license
plate
number
of
the
vehicle
31
that
delivered
the
salvaged
material
to
the
salvage
dealer,
32
if
applicable;
the
date
and
hour
of
the
purchase
or
receipt
33
of
the
salvaged
material;
a
reasonably
accurate
inventory
and
34
description
of
the
salvaged
material
obtained;
the
value
of
35
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2206
or
amount
paid
for
the
salvaged
material;
the
weight
or
other
1
measurable
quantity
of
the
salvaged
material;
from
whom
and
at
2
what
time
and
place
the
salvaged
material
was
obtained
by
the
3
person
from
whom
it
was
purchased
or
received,
if
known;
the
4
date
and
manner
of
disposition
by
the
salvage
dealer
of
the
5
salvaged
material
by
each
article
or
in
bulk;
and
the
name
and
6
address
of
the
person
to
whom
the
salvaged
material
was
sold
or
7
otherwise
disposed
of.
8
The
bill
also
provides
that
a
salvage
dealer
or
recycler
9
shall
not
provide
payment
for
nonferrous
material
unless,
10
in
addition
to
meeting
the
record
requirements,
additional
11
requirements
are
met.
The
bill
provides
that
payment
for
the
12
material
shall
be
made
by
cash
or
check
mailed
to
the
seller
at
13
the
address
provided
by
the
seller,
or
the
cash
or
check
may
14
be
collected
by
the
seller
from
the
salvage
dealer
or
recycler
15
on
or
after
the
third
business
day
after
the
date
of
sale.
In
16
the
event
that
the
seller
prefers
to
have
the
check
for
the
17
material
mailed
to
an
alternative
address,
other
than
a
post
18
office
box,
the
bill
requires
the
salvage
dealer
or
recycler
19
to
obtain
a
copy
of
a
gas
or
electric
utility
bill
addressed
20
to
the
seller
at
that
alternative
address
with
a
payment
due
21
date
no
more
than
two
months
prior
to
the
date
of
sale.
The
22
bill
provides
that
the
delayed
payment
provision
shall
not
23
be
applicable
if,
during
the
three-month
interval
prior
to
24
the
date
of
sale,
the
salvage
dealer
or
recycler
completes
25
five
or
more
separate
transactions
per
month,
on
five
or
more
26
separate
days
per
month,
with
the
seller.
Additionally,
the
27
bill
requires
that
at
the
time
of
sale,
the
salvage
dealer
28
or
recycler
must
obtain
a
clear
photograph
or
video
of
the
29
seller
and
of
the
nonferrous
material
being
purchased.
The
30
bill
provides
that
none
of
the
above
requirements
regarding
31
delayed
payment
and
identification
shall
apply
to
a
transaction
32
if,
on
the
date
of
sale,
the
salvage
dealer
or
recycler
has
33
on
file
or
receives
the
name,
physical
business
address,
34
and
business
telephone
number
of
the
seller’s
business,
the
35
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5024YH
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9
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2206
business
license
number
or
tax
identification
number
of
the
1
seller’s
business,
and
a
copy
of
the
valid
driver’s
license
of
2
the
person
delivering
the
nonferrous
material
on
behalf
of
the
3
seller
to
the
salvage
dealer
or
the
recycler.
4
The
bill
specifies
that
records
required
or
information
5
obtained
pursuant
to
the
bill’s
provisions
shall
be
preserved
6
for
a
minimum
of
two
years
from
the
date
of
purchase
or
7
sale,
and
subjects
any
unauthorized
disclosure
of
personal
8
identification
information
collected
from
a
seller
by
a
salvage
9
dealer
or
recycler
to
penalty
provisions
as
subsequently
10
described.
11
The
bill
requires
every
salvage
dealer
or
recycler,
during
12
normal
business
hours,
to
allow
periodic
inspection
of
any
13
premises
maintained
and
any
salvage
material
thereon
for
the
14
purpose
of
determining
compliance
with
the
recordkeeping
15
requirements,
and
requires
the
production
of
sales
and
16
purchase
records
and
all
property
purchased
incident
to
those
17
transactions
which
is
in
the
possession
of
the
salvage
dealer
18
or
recycler
for
inspection
by
a
peace
officer,
as
defined
in
19
the
bill.
20
The
bill
provides
that
when
a
peace
officer
has
probable
21
cause
to
believe
that
property
in
the
possession
of
a
salvage
22
dealer
or
recycler
is
stolen,
in
lieu
of
seizing
the
property,
23
the
peace
officer
may
place
a
hold
on
the
property
for
a
period
24
not
to
exceed
90
days.
The
bill
specifies
notice
and
release
25
provisions
with
regard
to
any
property
subject
to
a
hold.
The
26
bill
provides
that
upon
conviction
of
a
person
for
the
theft
27
of
property
placed
on
hold,
the
court
shall
order
the
person
28
convicted
to
pay
the
salvage
dealer
or
recycler
reasonable
29
costs
for
the
storage
of
the
property,
and
pay
the
owner
of
the
30
stolen
property
for
both
the
value
of
the
property
stolen
and
31
any
reasonable
collateral
damage
caused
in
the
commission
of
32
the
theft.
33
The
bill
provides
that
an
initial
violation
of
the
bill’s
34
provisions
is
a
simple
misdemeanor,
and
that
a
second
or
35
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5024YH
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9
H.F.
2206
subsequent
violation
is
a
serious
misdemeanor,
and
may
subject
1
the
violator
to
the
possible
suspension,
revocation,
or
2
nonrenewal
of
a
license
or
permit,
if
issued
by
the
state
or
a
3
political
subdivision
of
the
state.
A
simple
misdemeanor
is
4
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
5
of
at
least
$65
but
not
more
than
$625,
or
by
both.
A
serious
6
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
7
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
8
Additionally,
the
bill
repeals
Code
section
714.27,
9
which
authorized
political
subdivisions
to
adopt
a
model
10
ordinance
providing
restrictions
on
sales
of
copper
to
salvage
11
dealers.
Such
sales
would
now
be
encompassed
within
the
bill’s
12
provisions.
13
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5024YH
(6)
84
rn/sc
9/
9
