H.F. _____ Section 1. Section 714.27, Code Supplement 2011, is amended 1 to read as follows: 2 714.27 Copper theft Salvage dealers —— ordinance authorized 3 —— penalty. 4 1. The governing body of a political subdivision in which 5 copper theft has been reported may consider the adoption of a 6 copper theft board of supervisors in each county shall adopt 7 an ordinance requiring a salvage dealer to maintain complete, 8 accurate, and legible records in the English language of all 9 purchases and receipt of salvaged materials. Such records 10 shall be maintained and located at the place of business of 11 the salvage dealer for a minimum of one year from the date of 12 purchase or receipt by the salvage dealer. For the purposes of 13 this section, “salvage dealer” means any person engaged in the 14 business of buying, selling, and dealing in salvaged materials. 15 For the purposes of this section, “salvaged materials” means 16 scrap iron, brass, lead, copper, or aluminum wire or tubing, 17 and other scrap metals. 18 2. The ordinance may shall require a salvage dealer to 19 maintain one or more of the following records: 20 a. The identity of the person from whom the salvaged 21 material was received or purchased, including name and address; 22 date of birth; Iowa driver’s license number, Iowa nonoperator’s 23 identification card number, or social security number in 24 conjunction with photo identification; sex, age, height, and 25 race. 26 b. The vehicle license plate number of the vehicle that 27 delivered the salvaged material to the salvage dealer, if 28 applicable. 29 c. The date and hour of the purchase or receipt of the 30 salvaged material. 31 d. A reasonably accurate inventory and description of the 32 salvaged material obtained. 33 e. The value of or amount paid for the salvaged material. 34 f. The weight or other measurable quantity of the salvaged 35 -1- LSB 6035YC (1) 84 rn/sc 1/ 4

H.F. _____ material. 1 g. From whom and at what time and place the salvaged 2 material was obtained by the person from whom it was purchased 3 or received, if known. 4 h. The date and manner of disposition by the salvage dealer 5 of the salvaged material by each article or in bulk. 6 i. The name and address of the person to whom the salvaged 7 material was sold or otherwise disposed of. 8 3. a. A violation of this section by a salvage dealer is a 9 simple misdemeanor. 10 b. (1) In addition to the penalty imposed pursuant to 11 paragraph “a” , in the event that a political subdivision issues 12 city or county within which a salvage dealer is conducting 13 business has issued a license or permit to a the salvage dealer 14 for the operation of a salvage business, the ordinance may 15 shall provide for the suspension, revocation, or nonrenewal of 16 the license or permit in the event the ordinance is violated by 17 the salvage dealer. A suspension, revocation, or nonrenewal 18 shall not take effect without notice delivered to the licensee 19 or permittee in the regular mail addressed to the licensee 20 or permittee at the licensed premises a minimum of ten days 21 prior to a date set for hearing before a magistrate or district 22 associate judge. The notice shall inform the licensee or 23 permittee of the time, date, and place of hearing, the purpose 24 of the hearing, and shall set out briefly the reasons for the 25 hearing. 26 (2) A decision regarding whether to suspend or revoke 27 a license or permit, or deny its renewal, shall be at the 28 discretion of the magistrate or district associate judge, 29 based upon the circumstances surrounding the violation and its 30 severity. 31 (3) A licensee or permittee whose license or permit or 32 renewal has been revoked or denied because of a violation of 33 this section shall not be eligible for another such license 34 or permit for a period of one hundred eighty days after the 35 -2- LSB 6035YC (1) 84 rn/sc 2/ 4

H.F. _____ revocation or denial. 1 b. In the event a political subdivision does not issue a 2 license or permit to a salvage dealer for the operation of a 3 salvage business, the ordinance may provide for such penalty 4 provision as the governing body of the political subdivision 5 may deem appropriate. 6 EXPLANATION 7 This bill imposes information-gathering requirements on 8 salvage dealers under specified circumstances. 9 The bill modifies current provisions contained in Code 10 section 714.27 authorizing a political subdivision of the state 11 to adopt an ordinance aimed at preventing or curtailing copper 12 theft. The Code section provides that the governing body of a 13 political subdivision in which copper theft has been reported 14 may consider the adoption of a copper theft ordinance requiring 15 a salvage dealer to maintain a specified list of records of all 16 purchases and receipt of salvaged materials. 17 The bill changes adoption of the ordinance from optional to 18 mandatory for a county board of supervisors and applies the 19 ordinance to salvaged materials, rather than only copper. The 20 bill provides definitions of “salvage dealer” and “salvaged 21 materials”. A “salvage dealer” is defined to mean any person 22 engaged in the business of buying, selling, and dealing in 23 salvaged materials. The bill defines “salvaged materials” 24 to mean scrap iron, brass, lead, copper, or aluminum wire or 25 tubing and other scrap metals. 26 The bill does not modify or alter the information currently 27 authorized to be obtained by a salvage dealer from a person 28 from whom salvaged materials was received or purchased, but 29 such information shall now be required to be obtained. The 30 information generally relates to the identity of the person 31 from whom salvaged material was received or purchased, the 32 vehicle license plate number of the vehicle that delivered the 33 salvaged material, the date and hour of the purchase or receipt 34 of the salvaged material, a reasonably accurate inventory and 35 -3- LSB 6035YC (1) 84 rn/sc 3/ 4

H.F. _____ description of the salvaged material obtained, the value of 1 or amount paid for the salvaged material, the weight or other 2 measurable quantity of the salvaged material, from whom and at 3 what time and place the salvaged material was obtained by the 4 person from whom it was purchased or received, if known, the 5 date and manner of disposition by the salvage dealer of the 6 salvaged material, and the name and address of the person to 7 whom the salvaged material was sold or otherwise disposed of. 8 The bill specifies that a violation of the bill’s provisions 9 by a salvage dealer shall constitute a simple misdemeanor 10 punishable by confinement for no more than 30 days or a fine 11 of at least $65 but not more than $625 or by both. The bill 12 additionally modifies the currently optional suspension, 13 revocation, or nonrenewal of a license or permit if issued to a 14 salvage dealer by a city or county in which the salvage dealer 15 conducts business, to provisions which mandate such suspension, 16 revocation, or nonrenewal. 17 -4- LSB 6035YC (1) 84 rn/sc 4/ 4