1552-S AMH GOOD H2009.1

SHB 1552  - H AMD220
     By Representative Goodman

ADOPTED 03/09/2013

     On page 7, after line 9, insert the following:

"Sec. 7   RCW 19.290.050 and 2008 c 233 s 5 are each amended to read as follows:
     (1) Upon written request by any commissioned law enforcement officer of the state or any of its political subdivisions, every scrap metal business shall furnish a full, true, and correct transcript of the records from the purchase or receipt of private metal property, nonferrous metal property, and commercial metal property involving a specific individual, vehicle, or item of private metal property, nonferrous metal property, or commercial metal property. Any written request shall become an addition to the permanent records required under RCW 19.290.020 or 19.290.040. This information may be transmitted within a specified time of not less than two business days to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the chief of police or the county's chief law enforcement officer.
     (2) If the scrap metal business has good cause to believe that any private metal property, nonferrous metal property, or commercial metal property in his or her possession has been previously lost or stolen, the scrap metal business shall promptly report that fact to the applicable commissioned law enforcement officer of the state, the chief of police, or the county's chief law enforcement officer, together with the name of the owner, if known, and the date when and the name of the person from whom it was received.
     (3) Compliance with this section shall not give rise to or form the basis of private civil liability on the part of a scrap metal business or scrap metal recycler.

Sec. 8   RCW 19.290.060 and 2008 c 233 s 6 are each amended to read as follows:
     (1) Following notification((, either verbally or)) in writing((,)) from a commissioned law enforcement officer of the state or any of its political subdivisions that an item of private metal property, nonferrous metal property, or commercial metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification upon the property. The scrap metal business shall hold the property for a period of time as directed by the applicable law enforcement agency up to a maximum of ten business days.
     (2) A commissioned law enforcement officer of the state or any of its political subdivisions shall not place on hold any item of private metal property, nonferrous metal property, or commercial metal property unless that law enforcement agency reasonably suspects that the property is a lost or stolen item. Any hold that is placed on the property must be removed within ten business days after the property on hold is determined not to be stolen or lost and the property must be returned to the owner or released."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

     On page 8, line 21, after "statement" insert "or"

     On page 8, beginning on line 22, after "identification," strike all material through "metal" on line 23 and insert "with the intent to deceive a scrap metal business"

     On page 8, after line 24, insert the following:

"Sec. 8   RCW 19.290.090 and 2008 c 233 s 8 are each amended to read as follows:
     The provisions of this chapter do not apply to transactions involving metal from the components of vehicles acquired by vehicle wreckers, hulk haulers, or scrap processors licensed under chapter 46.79 or 46.80 RCW, and acquired in accordance with those laws or transactions conducted by the following:
     (1) Motor vehicle dealers licensed under chapter 46.70 RCW;
     (2) ((Metal from the components of vehicles acquired by vehicle wreckers or hulk haulers licensed under chapter 46.79 or 46.80 RCW, and acquired in accordance with those laws;
     (3)
)) Persons in the business of operating an automotive repair facility as defined under RCW 46.71.011; and
     (((4))) (3) Persons in the business of buying or selling empty food and beverage containers, including metal food and beverage containers."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

     On page 17, beginning on line 5, strike all of section 22

     Renumber the remaining sections consecutively and correct any internal references accordingly.

     On page 39, after line 17, insert the following:

"NEW SECTION.  Sec. 34   Sections 8 through 19 of this act take effect January 1, 2014.

NEW SECTION.  Sec. 35   The director of the department of licensing may take the necessary steps to ensure that sections 8 through 19 of this act are implemented on January 1, 2014."

     Correct the title.

EFFECT:  (1) 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.
     (4) Exempts metal from vehicles owned by scrap processors from the provisions of the act.
     (5) Removes duplicative language and makes clarifying changes.

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