AN ACT Relating to addressing theft and vandalism involving metal property; amending RCW 19.290.020, 19.290.030, 19.290.050, and 19.290.060; and adding new sections to chapter 43.10 RCW.

(1) At the time of a transaction, every scrap metal business doing business in this state shall produce wherever that business is conducted an accurate and legible record of each transaction involving nonferrous metal property. This record must be written in the English language, documented on a standardized form or in electronic form, and contain the following information:

(g) The current driver's license number or other government-issued picture identification card number of the seller or a copy of the seller's government-issued picture identification card; ((and))

(h) A description of the predominant types of nonferrous metal property subject to the transaction, utilizing the institute of scrap recycling industries' generally accepted terminology, and including weight, quantity, or volume; and

(i) One or more photographs accurately depicting all nonferrous metal property subject to the transaction, including legible photos of any identifiable markings on the nonferrous metal property.

(2) For every transaction that involves nonferrous metal property, every scrap metal business doing business in the state shall require the person with whom a transaction is being made to sign a declaration. The declaration may be included as part of the transactional record required under subsection (1) of this section, or on a receipt for the transaction. The declaration must state substantially the following:

The declaration must be signed and dated by the person with whom the transaction is being made. An employee of the scrap metal business must witness the signing and dating of the declaration and sign the declaration accordingly before any transaction may be consummated.

(3) The record and declaration required under this section must be open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions at all times during the ordinary hours of business, or at reasonable times if ordinary hours of business are not kept, and must be maintained wherever that business is conducted for five years following the date of the transaction.

(ii) The scrap metal business must retain all nonferrous metal property subject to the transaction in its original form for a period of no less than 10 days from the date of purchase.

(b) For the purposes of (a) of this subsection, the value of nonferrous metal property from multiple transactions must be aggregated and treated as one transaction if the transactions each occur within the same 24-hour period and:

(1) No scrap metal business may enter into a transaction to purchase or receive nonferrous metal property from any person who cannot produce at least one piece of current government-issued picture identification, including a valid driver's license or identification card issued by any state.

(2) No scrap metal business may purchase or receive commercial metal property unless the seller: (a) Has a commercial account with the scrap metal business; (b) can prove ownership of the property by producing written documentation that the seller is the owner of the property; or (c) can produce written documentation that the seller is an employee or agent authorized to sell the property on behalf of a commercial enterprise.

(3) No scrap metal business may enter into a transaction to purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the seller can produce written proof to the scrap metal business that the wire was lawfully burned.

(4)(((a))) No transaction involving nonferrous metal property may be made in cash ((or)). For the purposes of this subsection, "cash" means currency in the form of coins or bills issued by the federal government, and does not include any electronic, digital, or other representations of money or other methods of payment.

(5) No transaction involving nonferrous metal property may be made with any person who does not provide a street address and photographic identification and sign a declaration under the requirements of RCW 19.290.020 except as described in (((b) of)) this subsection. The person with whom the transaction is being made may only be paid by a nontransferable check, ((mailed by the scrap metal business to a street address provided under RCW 19.290.020, no earlier than three days after the transaction was made. A transaction occurs on the date provided in the record required under RCW 19.290.020.

(b) A scrap metal business that is in compliance with this chapter may pay up to a maximum of $30 in cash,))electronic method of payment, stored value device, or electronic funds transfer for nonferrous metal property. The ((balance of the)) value of the transaction may only be made by nontransferable check, electronic method of payment, stored value device, or electronic funds transfer at the time the transaction is made if the scrap metal business digitally captures((:

(ii) Either a picture or video of either the material subject to the transaction in the form received or the material subject to the transaction within the vehicle which the material was transported to the scrap metal business.

(5)(a) A scrap metal business's usage of video surveillance shall be sufficient to comply with subsection (4)(b)(ii) of this section so long as the video captures the material subject to the transaction.

(7) Any purchased or received nonferrous metal property or commercial metal property that law enforcement has probable cause to believe is stolen is subject to seizure and forfeiture and no property right exists in it.

(1) In addition to all other requirements of this chapter, ((upon 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 nonferrous metal property and commercial metal property involving ((only a specified))an individual, vehicle, or item of nonferrous metal property or commercial metal property. This information may be electronically 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))five business days to the Washington state patrol.

(3) If the scrap metal business has good cause to believe that any nonferrous metal property or commercial metal property in their 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))Washington state patrol, together with the name of the owner, if known, and the date when and the name of the person from whom it was received.

(1) Following notification in writing from ((a commissioned law enforcement officer of the state or any of its political subdivisions))the Washington state patrol that an item of 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))The Washington state patrol shall not place on hold any item of 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.

(1) There is hereby created a critical infrastructure crime reduction unit within the office of the attorney general for the purpose of assisting local law enforcement agencies and prosecuting attorneys' offices with the investigation and prosecution of cases involving metal theft or vandalism affecting critical infrastructure.

(a) At the request of a local law enforcement agency, assisting the law enforcement agency with the investigation and development of criminal cases involving metal theft or vandalism affecting critical infrastructure;

(b) At the request of a local prosecuting attorney's office, assisting the prosecuting attorney's office with the litigation of cases involving metal theft or vandalism affecting critical infrastructure, or litigating such cases on behalf of the prosecuting attorney's office;

(c) Establishing and regularly convening a work group to identify trends in crimes affecting critical infrastructure and develop best practices for investigating and prosecuting such crimes in the state; and

(d) Conducting seminars and training sessions on best practices for investigating and prosecuting criminal cases involving metal theft or vandalism affecting critical infrastructure.

(3) The critical infrastructure crime reduction unit shall prioritize assisting jurisdictions with a higher rate of incidents involving metal theft or vandalism affecting critical infrastructure.

The critical infrastructure crime reduction account is created in the custody of the state treasurer. All receipts from legislative appropriations, donations, gifts, grants, and funds from federal or private sources must be deposited in the account. Expenditures from the account may be used only for the purpose of funding the critical infrastructure crime reduction unit established under section 5 of this act. Only the attorney general or his or her designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.