House
File
2227
-
Introduced
HOUSE
FILE
2227
BY
McCONKEY
,
ANDERSON
,
GASKILL
,
KEARNS
,
STAED
,
and
KAUFMANN
A
BILL
FOR
An
Act
relating
to
the
requirements
for
scrap
metal
1
transactions
and
reporting,
and
making
civil
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5521YH
(7)
86
gh/nh
H.F.
2227
Section
1.
Section
714.27,
subsection
2,
paragraph
b,
Code
1
2016,
is
amended
to
read
as
follows:
2
b.
A
scrap
metal
dealer
shall
not
make
an
initial
purchase
3
of
scrap
metal
from
a
person
without
demanding
and
receiving
4
the
information
required
by
this
subsection
.
However,
after
an
5
initial
transaction,
a
scrap
metal
dealer
may
only
require
the
6
person’s
name
and
place
of
business
for
subsequent
purchases
7
of
one
hundred
dollars
or
more
,
provided
the
scrap
metal
8
dealer
retains
all
information
received
during
the
initial
9
transaction.
10
Sec.
2.
Section
714.27,
subsection
3,
Code
2016,
is
amended
11
to
read
as
follows:
12
3.
a.
The
department
of
public
safety
shall
establish
a
13
form
for
scrap
metal
dealers
to
record
the
information
required
14
under
subsection
2
for
each
scrap
metal
transaction.
The
form
15
shall
require
the
scrap
metal
dealer
to
describe
the
form
of
16
government-issued
photo
identification
presented
by
the
seller
17
to
the
scrap
metal
dealer
at
the
time
of
the
purchase.
The
18
department
of
public
safety
shall
consult
with
the
Iowa
state
19
sheriffs’
and
deputies’
association
and
the
Iowa
police
chiefs
20
association
in
establishing
the
form.
21
b.
A
scrap
metal
dealer
shall
keep
a
confidential
register
22
or
log
of
each
transaction,
including
a
record
copy
of
the
23
information
required
by
subsection
2
form
described
in
24
paragraph
“a”
.
All
records
and
information
kept
pursuant
25
to
this
subsection
shall
be
retained
for
at
least
two
years,
26
and
shall
be
provided
to
a
law
enforcement
agency
or
other
27
officer
or
employee
designated
by
a
county
or
city
to
enforce
28
this
section
upon
request
during
normal
business
hours
when
29
the
law
enforcement
agency
or
designated
officer
or
employee
30
of
a
county
or
city
has
reasonable
grounds
to
request
such
31
information
as
part
of
an
investigation.
A
law
enforcement
32
agency
or
designated
officer
or
employee
of
a
county
or
city
33
shall
preserve
the
confidentiality
of
the
information
provided
34
under
this
subsection
and
shall
not
disclose
it
to
a
third
35
-1-
LSB
5521YH
(7)
86
gh/nh
1/
3
H.F.
2227
party,
except
as
may
be
necessary
in
enforcement
of
this
1
section
or
the
prosecution
of
a
criminal
violation.
2
Sec.
3.
Section
714.27,
subsection
4,
Code
2016,
is
amended
3
to
read
as
follows:
4
4.
All
scrap
metal
transactions,
other
than
those
5
transactions
exempt
pursuant
to
subsection
5
regardless
of
the
6
total
sale
price
of
the
transaction
,
in
which
the
total
sale
7
price
exceeds
fifty
dollars
transaction
involves
nonferrous
8
scrap
metal
shall
require
payment
by
check
or
electronic
9
funds
transfer.
For
purposes
of
this
subsection,
“nonferrous
10
scrap
metal”
means
scrap
metal
that
is
not
ferrous,
including
11
alloys,
and
that
does
not
contain
iron.
“Nonferrous
scrap
12
metal”
includes
but
is
not
limited
to
scrap
metal
consisting
of
13
aluminum,
copper,
lead,
nickel,
tin,
or
brass.
14
Sec.
4.
Section
714.27,
subsection
5,
unnumbered
paragraph
15
1,
Code
2016,
is
amended
to
read
as
follows:
16
The
following
scrap
metal
transactions
are
exempt
from
the
17
requirements
of
this
section
subsections
2
and
3
:
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
makes
changes
to
the
requirements
for
scrap
metal
22
transactions
and
reporting.
23
Under
current
Code
section
714.27,
a
person
selling
24
scrap
metal
must
present
valid
government-issued
photo
25
identification.
However,
after
an
initial
transaction,
a
26
scrap
metal
dealer
may
only
require
a
seller
to
provide
their
27
name
and
place
of
business
for
subsequent
purchases
if
the
28
dealer
retains
all
information
received
during
the
initial
29
transaction.
Scrap
metal
dealers
must
keep
a
log
of
each
30
scrap
metal
transaction,
which
must
include
the
seller’s
31
identification
information.
All
scrap
metal
transactions
in
32
which
the
total
sale
price
exceeds
$50,
subject
to
listed
33
exceptions,
requires
payment
by
check
or
electronic
funds
34
transfer.
35
-2-
LSB
5521YH
(7)
86
gh/nh
2/
3
H.F.
2227
The
bill
limits
the
exception
allowing
a
scrap
metal
dealer
1
to
only
require
a
seller’s
name
and
place
of
business
for
2
subsequent
purchases
to
only
those
subsequent
purchases
of
$100
3
or
more
and
if
the
dealer
retains
all
information
received
4
during
the
initial
transaction.
5
The
bill
requires
the
department
of
public
safety
(DPS)
to
6
establish
a
form
for
scrap
metal
dealers
to
use
for
recording
7
the
information
required
for
each
scrap
metal
transaction,
8
which
must
require
scrap
metal
dealers
to
describe
the
form
of
9
identification
presented
by
sellers.
DPS
must
consult
with
the
10
Iowa
state
sheriffs’
and
deputies’
association
and
the
Iowa
11
police
chiefs
association
in
establishing
the
form.
12
The
bill
changes
the
requirement
for
scrap
metal
13
transactions
that
require
payment
by
check
or
electronic
funds
14
transfer
from
transactions
of
$50
or
more
to
transactions
15
involving
nonferrous
scrap
metal
as
defined
in
the
bill,
16
regardless
of
the
total
sale
price
of
the
transaction.
17
A
person
selling
scrap
metal
or
a
scrap
metal
dealer
who
18
violates
the
transaction
and
reporting
requirements
of
the
19
bill
is
subject
to
a
civil
penalty
in
the
amount
of
$100
for
20
an
initial
violation,
$500
for
a
second
violation
within
two
21
years,
and
$1,000
for
a
third
or
subsequent
violation
within
22
two
years.
23
-3-
LSB
5521YH
(7)
86
gh/nh
3/
3