FINAL BILL REPORT

ESHB 2570

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

PARTIAL VETO

C 233 L 12

Synopsis as Enacted

Brief Description: Addressing metal property theft.

Sponsors: House Committee on Public Safety & Emergency Preparedness (originally sponsored by Representatives Goodman, Hurst and Ross).

House Committee on Public Safety & Emergency Preparedness

Senate Committee on Judiciary

Background:

State law regulates scrap metal businesses. The law imposes restrictions and comprehensive record-keeping requirements on commercial transactions involving metal property.

Summary:

Task Force on Commercial and Nonferrous Metal Property Theft.

The Task Force on Commercial and Nonferrous Metal Property Theft (Task Force) is created and tasked with consideration of issues regarding the prosecution and prevention of theft of metal property, including appropriate penalties, the role of local government, private rights of action in prosecuting thefts, restrictions on the purchasing of metal property, the registration of scrap metal businesses, and the implementation of a metal theft alert system.

The Task Force members include business owners involved in the sale of scrap metal, representatives of industries most affected by metal theft, municipal and county representatives, and state law enforcement agencies.

The Task Force must meet quarterly through the end of 2014 and make a preliminary report to the Legislature by December 31, 2012. Task Force members must seek funding for their expenses from their respective agencies within existing resources.

Changes to Criminal Statutes.

The theft of metal wire from a public service company or a consumer owned utility constitutes Theft in the first degree, a class B felony, if the costs of the damage to the company or utility's property exceeds $5,000. The same theft constitutes Theft in the second degree, a class C felony, if the costs of the damage to the company or utility's property exceeds $750 but not $5,000.

For this offense, a public service company is any gas company, electrical company, telecommunications company, or water company.

Votes on Final Passage:

House

94

3

Senate

49

0

(Senate amended)

House

92

6

(House concurred)

Effective:

June 7, 2012

Partial Veto Summary: The Governor vetoed the section that created a task force to formulate suggestions for state policy regarding reduction of commercial and nonferrous metal property theft.