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2007 Senate Bill 5312: Addressing the issue of stolen metal property.
Introduced by Sen. Rodney Tom (Bellevue) (D) on January 17, 2007
To change regulations on pawn shops relating to metal transactions. Among other provisions, pawn shops would be required to pay for metal items with a check and hold such items for at least 30 days. The bill would also require pawn shops to collect additional information from all customers selling goods such as a driver’s license number, cell phone number, employment information, and a description of his or her vehicle. See companion HB 1251.   Official Text and Analysis.
Referred to the Senate Judiciary Committee on January 17, 2007
Substitute offered to the Senate Judiciary Committee on February 28, 2007
To add the terms "commercial account," "commercial metal property," and "scrap metal processor" to the bill and defined. The term "metal property" is redefined. The term "scrap metal dealer" replaces the term "recycler." The provision requiring a recycler, now scrap metal dealer, to hold property reported as stolen for 120 days is changed to ten business days. Law enforcement must be provided with records required under this bill for a specified time period up to and including the preceding day, when requested. The section requiring that the scrap metal dealers or scrap metal processors wait 30 days prior to paying the person, with whom the transaction was made, by nontransferable check is amended to ten days. Transactions valued at $30 or less may be made in cash and are not subject to the ten-day rule. It establishes that it is a gross misdemeanor for any scrap metal dealer or scrap metal processor to engage in a series of transactions with the same seller, for which each transaction is valued at $30 or less, for the purpose of avoiding the ten-day waiting period and payment by nontransferable check.
The substitute passed by voice vote in the Senate on March 13, 2007
Referred to the Senate Rules Committee on February 28, 2007
Amendment offered by Sen. Rodney Tom (Bellevue) (D) on March 13, 2007
To strike the language in the original bill and insert new language that: (1) Imposes requirements on "scrap metal businesses" instead of "scrap metal dealers" and "scrap metal processors." Defines "scrap metal business" as a scrap metal supplier, scrap metal recycling center, and scrap metal processor and contains corresponding definitions of those terms. (2) Modifies record keeping requirements so that a record of the identification card number or a photocopy of the identification is required instead of both. Modifies the requirement related to keeping a description of the metal property to include certain classification codes. (3) Amends the declaration requirement. Removes cell phone number requirement. (4) Modifies the requirement related to beer kegs to also allow a scrap metal business to purchase and receive beer kegs from licensed breweries. (5) Changes provisions related to reporting to law enforcement so that a scrap metal dealer or processor is required to provide records involving a specific individual, vehicle, or item of nonferrous or commercial metal property upon request on forms required by law enforcement. (6) Modifies the unlawful violations section to clarify that the violation for removing manufacturer's make or mark on metal is only a violation if done so deliberately. (7) Creates additional civil penalties for violations of the requirements of the bill that are not specifically listed in the unlawful violations section.
The amendment passed by voice vote in the Senate on March 13, 2007
Amendment offered by Sen. Janéa Holmquist Newbry (Moses Lake) (R) on March 13, 2007
The amendment failed 18 to 30 in the Senate on March 13, 2007.
    See Who Voted "Yes" and Who Voted "No".
Received in the House on March 15, 2007
Referred to the House Public Safety & Emergency Preparedness Committee on March 15, 2007
Amendment offered to the House Public Safety & Emergency Preparedness Committee on March 28, 2007
To provide that metal property marked with the name of a commercial mobile radio services entity is "commercial metal property." Modifies the definitions section as follows: (a) Removes the reference to "unwanted electronic product" from the definition of nonferrous metal property. (b) Clarifies a reference to nonferrous metal property in the definition of scrap metal processor. (c) Includes entities engaged in the business of purchasing or receiving commercial metal property in the definition of scrap metal processor and scrap metal recycling center. Applies the requirement related to providing records to law enforcement to records from the purchase or receipt of commercial metal property (instead of just nonferrous metal property).
The amendment passed by voice vote in the House on April 4, 2007
Referred to the House Rules Committee on March 30, 2007
Amendment offered by Rep. Mike Armstrong, (R-Wenatchee) (R) on April 4, 2007
To add provisions related to theft in the first and second degree and possessing stolen property in the first and second degree. Allows the prosecution, in a prosecution for theft or possessing stolen property in the first and second degree, to file a special allegation of disproportionate impact when sufficient evidence exists that the damage to the victim greatly exceeds the value of the stolen property. Provides that damage to the victim greatly exceeds the value of the stolen property when the replacement cost of the stolen item is more than three times the value of the stolen item, or the theft of the item creates a public hazard. Provides that the prosecutor has the burden of proving the special allegation beyond a reasonable doubt to the jury (or to the judge, if there is no jury). Provides that, if the special allegation is proved, an additional 12 months and one day will be added to the standard sentence range for the offense.
The amendment passed by voice vote in the House on April 4, 2007
Received in the Senate on April 17, 2007
Received in the House on April 18, 2007
Received in the Senate on April 19, 2007
Signed by Gov. Christine Gregoire on May 8, 2007