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2013 House Bill 1552: Concerning scrap metals
Introduced by Rep. Roger Goodman (KirkLand) (D) on January 30, 2013
Modifies many definitions in current law related scrap metal theft. This act includes new record keeping requirements for the reclamation of scrap metal by recyclers. This act also creates scrap metal licensing, licensing requirements, and fees to authorize a business to be a processor, recycler or supplier of scrap metals.   Official Text and Analysis.
Referred to the House Public Safety Committee on January 30, 2013
Substitute offered in the House on February 21, 2013
Narrows the scope of the seizure and forfeiture provisions; (2) clarifies that environmental and other local laws of general applicability are not preempted; (3) inserts null and void clauses so that the metal theft prevention authority and no-buy database provisions will not take effect if funds are not appropriated for them; (4) shortens the time frame for disqualifying criminal convictions from 10 years to four years; (5) amends the no-buy database provisions; (6) excludes non-metal secondhand businesses from the database; (7) removes the automatic law enforcement notification when individuals on the no-buy list attempt to sell metal; (8) criminalizes acting as a "straw man" for a person prohibited from selling scrap metal; and (9) makes technical changes.
Referred to the House Appropriations Subcom on General Government & Info Tech Committee on February 22, 2013
Referred to the House Rules Committee on March 1, 2013
Amendment offered by Rep. Roger Goodman (KirkLand) (D) on March 9, 2013
Delays implementation of the licensing program until January 1, 2014. (2) Requires that law enforcement requests to scrap metal businesses to hold potentially stolen metal property or produce transaction records be in writing. (3) Provides that scrap metal businesses shall not be civilly liable for complying with law enforcement record requests. Official Print - 3 1552-S AMH GOOD H2009.1 (4) Exempts metal from vehicles owned by scrap processors from the provisions of the act. (5) Removes duplicative language and makes clarifying changes.
The amendment passed by voice vote in the House on March 9, 2013
Amendment offered by Rep. Roger Goodman (KirkLand) (D) on March 9, 2013
Replaces the Washington Metal Theft Prevention Authority with a metal theft enforcement grant program, administered by the Washington Association of Sheriffs and Police Chiefs.
The amendment passed by voice vote in the House on March 9, 2013
Amendment offered by Rep. Brad Klippert (Kennewick) (R) on March 9, 2013
Prohibits cash transactions, except that cash can be paid up to $30 for aluminum cans or if the scrap metal business captures a digital image of the seller's ID and the material being sold.
The amendment passed by voice vote in the House on March 9, 2013
Passed 93 to 4 in the House on March 9, 2013.
    See Who Voted "Yes" and Who Voted "No".
Creates a licensing scheme for scrap metal businesses. Expands criminal penalties for metal theft and malicious mischief. Allows for civil forfeiture for any property used in the commission of a crime involving the Theft, Trafficking, or Unlawful Possession of Commercial Metal Property. Creates a database by which scrap metal businesses may determine if a potential client has a criminal conviction which makes him or her ineligible to sell property to a licensed business. Creates the Washington Metal Theft Prevention Authority.
Received in the Senate on March 12, 2013
Referred to the Senate Law & Justice Committee on March 12, 2013
Amendment offered in the Senate on April 2, 2013
Provides that the scrap metal business may pay up to $30 using a stored value device or electronic funds transfer as well as cash. The balance, if over $30, may be made at the time of the transaction using a stored value device or electronic funds transfer as well as by a nontransferable check. Records for commercial accounts must be maintained for 3 years instead of 5 years. A scrap metal business is not required to furnish bulk transcripts of all its transactions for a particular time period. Records of scrap metal transactions furnished to law enforcement are exempt from public disclosure. To recover from the bond, there must be a showing of fraud, gross negligence, or an intentional or reckless violation or misrepresentation on the part of the scrap metal business. Money received from the WASPC grant program may not be used to supplant preexisting funding sources for metal theft enforcement. Clarifies law enforcement request language.
The amendment failed by voice vote in the Senate on April 16, 2013
Referred to the Senate Ways & Means Committee on April 2, 2013
Referred to the Senate Rules Committee on April 2, 2013
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on April 16, 2013
Redefines "engage in business" to mean conducting more than twelve, rather than more than five, transactions in a twelve-month period. The scrap metal business may pay up to $30 using a stored value device or electronic funds transfer as well as cash. The balance, if over $30, may be made at the time of the transaction using a stored value device or electronic funds transfer as well as by a nontransferable check. Records for commercial accounts must be maintained for 3 years instead of 5 years. Records of scrap metal transactions furnished to law enforcement are exempt from public disclosure. To recover from the bond, there must be a showing of fraud, gross negligence, or an intentional or reckless violation or misrepresentation on the part of the scrap metal business. Money received from the WASPC grant program may not be used to supplant preexisting funding sources for metal theft enforcement. Clarifies law enforcement request language. Makes the bill null and void if not funded in the budget.
The amendment passed by voice vote in the Senate on April 16, 2013
Passed 46 to 1 in the Senate on April 16, 2013.
    See Who Voted "Yes" and Who Voted "No".
Creates a licensing scheme for scrap metal businesses. Expands criminal penalties for metal theft and malicious mischief. Allows for civil forfeiture for any property used in the commission of a crime involving the Theft, Trafficking, or Unlawful Possession of Commercial Metal Property. Creates a database by which scrap metal businesses may determine if a potential client has a criminal conviction which makes him or her ineligible to sell property to a licensed business.
Received in the House on April 22, 2013
Motion in the House on April 22, 2013
To concur in Senate amendment(s).
The motion failed by voice vote in the House on April 22, 2013
Received in the Senate on April 24, 2013
Motion in the Senate on April 24, 2013
To insist on its position and ask the House to recede from the amendment(s).
The motion passed by voice vote in the Senate on April 24, 2013
Received in the House on April 25, 2013
Motion in the House on April 25, 2013
To concur in the Senatge amendment(s).
The motion passed by voice vote in the House on April 25, 2013
Signed with partial veto by Gov. Jay Inslee on May 21, 2013
To remove Section 34 of this bill,which provides that if $1.5 million for the purposes of this act is not provided by June 30, 2013, in the omnibus appropriations act, this act is null and void. The Governor's intent is to ensure that the new regulatory provisions of this act are put in place as a means of combating metal theft, independently of the passage of the state budget by June 30, 2013.

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