Bill Text: IA HF2227 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the requirements for scrap metal transactions and reporting, and making civil penalties applicable.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2016-02-11 - Subcommittee, Kaufmann, Carlson, and Kressig. H.J. 215. [HF2227 Detail]

Download: Iowa-2015-HF2227-Introduced.html

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House File 2227 - Introduced




                                 HOUSE FILE       
                                 BY  McCONKEY, ANDERSON,
                                     GASKILL, KEARNS,
                                     STAED, and KAUFMANN

                                      A BILL FOR

  1 An Act relating to the requirements for scrap metal
  2    transactions and reporting, and making civil penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 714.27, subsection 2, paragraph b, Code
  1  2 2016, is amended to read as follows:
  1  3    b.  A scrap metal dealer shall not make an initial purchase
  1  4 of scrap metal from a person without demanding and receiving
  1  5 the information required by this subsection. However, after an
  1  6 initial transaction, a scrap metal dealer may only require the
  1  7 person's name and place of business for subsequent purchases
  1  8 of one hundred dollars or more, provided the scrap metal
  1  9 dealer retains all information received during the initial
  1 10 transaction.
  1 11    Sec. 2.  Section 714.27, subsection 3, Code 2016, is amended
  1 12 to read as follows:
  1 13    3.a.  The department of public safety shall establish a
  1 14 form for scrap metal dealers to record the information required
  1 15 under subsection 2 for each scrap metal transaction. The form
  1 16 shall require the scrap metal dealer to describe the form of
  1 17 government=issued photo identification presented by the seller
  1 18 to the scrap metal dealer at the time of the purchase. The
  1 19 department of public safety shall consult with the Iowa state
  1 20 sheriffs' and deputies' association and the Iowa police chiefs
  1 21 association in establishing the form. 
  1 22    b.  A scrap metal dealer shall keep a confidential register
  1 23 or log of each transaction, including a record copy of the
  1 24 information required by subsection 2 form described in
  1 25 paragraph "a". All records and information kept pursuant
  1 26 to this subsection shall be retained for at least two years,
  1 27 and shall be provided to a law enforcement agency or other
  1 28 officer or employee designated by a county or city to enforce
  1 29 this section upon request during normal business hours when
  1 30 the law enforcement agency or designated officer or employee
  1 31 of a county or city has reasonable grounds to request such
  1 32 information as part of an investigation. A law enforcement
  1 33 agency or designated officer or employee of a county or city
  1 34 shall preserve the confidentiality of the information provided
  1 35 under this subsection and shall not disclose it to a third
  2  1 party, except as may be necessary in enforcement of this
  2  2 section or the prosecution of a criminal violation.
  2  3    Sec. 3.  Section 714.27, subsection 4, Code 2016, is amended
  2  4 to read as follows:
  2  5    4.  All scrap metal transactions, other than those
  2  6 transactions exempt pursuant to subsection 5 regardless of the
  2  7 total sale price of the transaction, in which the total sale
  2  8 price exceeds fifty dollars transaction involves nonferrous
  2  9 scrap metal shall require payment by check or electronic
  2 10 funds transfer.  For purposes of this subsection, "nonferrous
  2 11 scrap metal" means scrap metal that is not ferrous, including
  2 12 alloys, and that does not contain iron. "Nonferrous scrap
  2 13 metal" includes but is not limited to scrap metal consisting of
  2 14 aluminum, copper, lead, nickel, tin, or brass. 
  2 15    Sec. 4.  Section 714.27, subsection 5, unnumbered paragraph
  2 16 1, Code 2016, is amended to read as follows:
  2 17    The following scrap metal transactions are exempt from the
  2 18 requirements of this section subsections 2 and 3:
  2 19                           EXPLANATION
  2 20 The inclusion of this explanation does not constitute agreement with
  2 21 the explanation's substance by the members of the general assembly.
  2 22    This bill makes changes to the requirements for scrap metal
  2 23 transactions and reporting.
  2 24    Under current Code section 714.27, a person selling
  2 25 scrap metal must present valid government=issued photo
  2 26 identification. However, after an initial transaction, a
  2 27 scrap metal dealer may only require a seller to provide their
  2 28 name and place of business for subsequent purchases if the
  2 29 dealer retains all information received during the initial
  2 30 transaction. Scrap metal dealers must keep a log of each
  2 31 scrap metal transaction, which must include the seller's
  2 32 identification information. All scrap metal transactions in
  2 33 which the total sale price exceeds $50, subject to listed
  2 34 exceptions, requires payment by check or electronic funds
  2 35 transfer.
  3  1 The bill limits the exception allowing a scrap metal dealer
  3  2 to only require a seller's name and place of business for
  3  3 subsequent purchases to only those subsequent purchases of $100
  3  4 or more and if the dealer retains all information received
  3  5 during the initial transaction.
  3  6    The bill requires the department of public safety (DPS) to
  3  7 establish a form for scrap metal dealers to use for recording
  3  8 the information required for each scrap metal transaction,
  3  9 which must require scrap metal dealers to describe the form of
  3 10 identification presented by sellers. DPS must consult with the
  3 11 Iowa state sheriffs' and deputies' association and the Iowa
  3 12 police chiefs association in establishing the form.
  3 13    The bill changes the requirement for scrap metal
  3 14 transactions that require payment by check or electronic funds
  3 15 transfer from transactions of $50 or more to transactions
  3 16 involving nonferrous scrap metal as defined in the bill,
  3 17 regardless of the total sale price of the transaction.
  3 18    A person selling scrap metal or a scrap metal dealer who
  3 19 violates the transaction and reporting requirements of the
  3 20 bill is subject to a civil penalty in the amount of $100 for
  3 21 an initial violation, $500 for a second violation within two
  3 22 years, and $1,000 for a third or subsequent violation within
  3 23 two years.
       LSB 5521YH (7) 86
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