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Senate
File
2450
-
Introduced
SENATE
FILE
2450
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3104)
A
BILL
FOR
An
Act
relating
to
scrap
metal
transactions
including
1
establishing
an
application
and
permit
system
to
sell
scrap
2
metal
and
telecommunications
copper,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
714.27,
Code
2026,
is
amended
to
read
as
1
follows:
2
714.27
Scrap
metal
transactions
and
reporting
——
penalties.
3
1.
For
purposes
of
this
section
,
and
unless
the
context
4
otherwise
requires,
the
following
definitions
shall
apply:
5
a.
“Scrap
metal”
means
any
metal
suitable
for
reprocessing.
6
“Scrap
metal”
does
not
include
telecommunications
copper,
a
7
motor
vehicle
,
or
a
catalytic
converter
detached
from
a
motor
8
vehicle.
9
b.
“Scrap
metal
dealer”
means
any
person
operating
a
10
business
at
a
fixed
or
mobile
location
that
is
engaged
in
one
11
of
the
following
activities:
12
(1)
Buying,
selling,
procuring,
collecting,
gathering,
13
soliciting,
or
dealing
in
scrap
metal.
14
(2)
Operating,
managing,
or
maintaining
a
scrap
metal
yard.
15
c.
“Scrap
metal
yard”
means
any
yard,
plot,
space,
16
enclosure,
building,
mobile
facility,
or
other
place
where
17
scrap
metal
is
collected,
gathered
together,
stored,
or
kept
18
for
shipment,
sale,
or
transfer.
19
d.
“Telecommunications
copper”
means
copper
or
copper
20
alloy
wire,
cable,
tubing,
or
related
materials
that
bear
21
evidence
of
being
or
are
reasonably
likely
to
be
components
22
of
telecommunications
or
broadband
network
equipment,
23
including
materials
with
telecommunications
company
markings,
24
industry-standard
insulation
colors
for
telecommunications
25
wiring,
attached
telecommunications
connectors
or
terminations,
26
or
evidence
of
recent
removal
from
telecommunications
27
infrastructure.
28
2.
a.
A
person
shall
not
sell
scrap
metal
to
a
scrap
metal
29
dealer
in
this
state
unless
the
person
provides
to
the
scrap
30
metal
dealer,
at
or
before
the
time
of
sale,
the
person’s
name,
31
address,
and
place
of
business,
if
any,
and
presents
to
the
32
scrap
metal
dealer
a
valid
driver’s
license
or
nonoperator’s
33
identification
card,
military
identification
card,
passport,
or
34
other
government-issued
photo
identification.
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b.
A
scrap
metal
dealer
shall
not
make
an
initial
purchase
1
of
scrap
metal
from
a
person
without
demanding
and
receiving
2
the
information
required
by
this
subsection
.
However,
after
an
3
initial
transaction,
a
scrap
metal
dealer
may
only
require
the
4
person’s
name
and
place
of
business
for
subsequent
purchases,
5
provided
the
scrap
metal
dealer
retains
all
information
6
received
during
the
initial
transaction.
7
3.
a.
A
person
who
is
a
resident
of
Iowa
shall
not
8
sell
telecommunications
copper
to
a
scrap
metal
dealer
in
9
this
state
unless
the
person
has
obtained
a
permit
to
sell
10
telecommunications
copper
from
the
sheriff
of
the
county
in
11
which
the
person
resides.
A
person
who
is
not
a
resident
of
12
Iowa
shall
not
sell
telecommunications
copper
to
a
scrap
metal
13
dealer
in
this
state
unless
the
person
has
obtained
a
permit
to
14
sell
telecommunications
copper
from
a
sheriff
located
anywhere
15
in
the
state.
The
sheriff
shall
issue
a
permit
to
the
person
16
if
all
of
the
following
apply:
17
(1)
The
person
has
not
been
convicted
of
a
violation
of
this
18
section
more
than
two
times.
19
(2)
The
person
declares
on
an
application
provided
by
the
20
sheriff
that
the
person
is
informed
of
and
will
comply
with
21
this
section.
22
(3)
The
person
pays
a
permit
fee
of
not
more
than
five
23
dollars.
24
b.
The
state
patrol
of
the
department
of
public
safety
shall
25
develop
an
application
and
permit
in
consultation
with
county
26
sheriffs
and
scrap
metal
dealers.
All
sheriffs
shall
use
the
27
application
and
permit
developed
by
the
state
patrol.
28
c.
A
permit
is
valid
statewide
and
expires
on
the
person’s
29
birth
date
on
the
second
calendar
year
after
the
calendar
30
year
in
which
the
permit
is
issued,
or,
if
the
permittee
is
31
an
entity,
the
permit
expires
on
the
date
of
issuance
on
the
32
second
calendar
year
after
the
calendar
year
in
which
the
33
permit
was
issued.
34
d.
A
sheriff
may
investigate
a
person’s
or
entity’s
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background
prior
to
issuing
a
permit
for
purposes
of
1
determining
if
the
person
or
entity
qualifies
to
be
issued
a
2
permit.
Notwithstanding
paragraph
“a”
,
a
permit
may
be
denied,
3
suspended,
or
revoked
at
any
time
if
a
sheriff
discovers
that
4
information
on
an
application
is
inaccurate,
the
person
or
5
entity
fails
to
comply
with
this
section,
or
the
person
or
6
entity
is
convicted
of
a
violation
of
this
section
or
section
7
716.11.
8
e.
A
sheriff
shall
keep
a
record
of
all
permits
issued
9
containing,
at
a
minimum,
the
date
of
issuance,
the
name
and
10
address
of
the
person
or
entity,
a
photocopy
of
the
person’s
11
identification
or
of
the
entity’s
employee’s
identification,
12
and
a
photograph
of
the
person
or
of
the
entity’s
employee.
13
3.
4.
A
scrap
metal
dealer
shall
keep
a
confidential
14
register
or
log
of
each
transaction,
including
a
record
15
of
the
information
required
by
subsection
2
.
All
records
16
and
information
kept
pursuant
to
this
subsection
shall
be
17
retained
for
at
least
two
years,
and
shall
be
provided
to
a
18
law
enforcement
agency
or
other
officer
or
employee
designated
19
by
a
county
or
city
to
enforce
this
section
upon
request
20
during
normal
business
hours
when
the
law
enforcement
agency
21
or
designated
officer
or
employee
of
a
county
or
city
has
22
reasonable
grounds
to
request
such
information
as
part
of
23
an
investigation.
A
law
enforcement
agency
or
designated
24
officer
or
employee
of
a
county
or
city
shall
preserve
the
25
confidentiality
of
the
information
provided
under
this
26
subsection
and
shall
not
disclose
it
to
a
third
party,
except
27
as
may
be
necessary
in
enforcement
of
this
section
or
the
28
prosecution
of
a
criminal
violation.
29
4.
5.
All
scrap
metal
transactions,
other
than
those
30
transactions
exempt
pursuant
to
subsection
5
,
in
which
the
31
total
sale
price
exceeds
fifty
dollars
shall
require
payment
by
32
check
or
electronic
funds
transfer.
33
5.
6.
The
following
scrap
metal
transactions
are
exempt
34
from
the
requirements
of
this
section
:
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a.
Transactions
in
which
the
total
sale
price
is
fifty
1
dollars
or
less.
2
b.
Transactions
in
which
a
scrap
metal
dealer
is
selling
3
scrap
metal.
4
c.
Transactions
in
which
the
person
selling
the
scrap
5
metal
is
known
to
the
scrap
metal
dealer
purchasing
the
scrap
6
metal
to
be
the
officer,
employee,
or
agent
of
an
established
7
commercial
or
industrial
business,
operating
from
a
fixed
8
location,
that
may
reasonably
be
expected
to
produce
scrap
9
metal
during
the
operation
of
the
business.
10
6.
7.
a.
The
provisions
of
this
section
shall
take
11
precedence
over
and
supersede
any
local
ordinance
adopted
by
a
12
political
subdivision
that
regulates
scrap
metal
transactions.
13
b.
Notwithstanding
paragraph
“a”
of
this
subsection
,
a
city
14
ordinance
regarding
scrap
metal
or
other
scrap
material
in
15
effect
prior
to
January
1,
2012,
in
a
city
with
a
population
16
exceeding
one
hundred
fifty
thousand
as
shown
by
the
2010
17
federal
decennial
census
may
continue
to
be
enforced
by
the
18
city
which
adopted
it.
19
7.
8.
A
person
who
violates
subsection
2
3
,
paragraph
“a”
,
20
or
a
person
who
conducts
a
scrap
metal
transaction
by
or
on
21
behalf
of
a
scrap
metal
dealer
who
violates
this
section
shall
22
be
subject
to
a
civil
penalty
as
follows:
23
a.
An
initial
violation
shall
subject
the
person
to
a
civil
24
penalty
in
the
amount
of
one
hundred
dollars.
25
b.
A
second
violation
within
two
years
shall
subject
26
the
person
to
a
civil
penalty
in
the
amount
of
five
hundred
27
dollars.
28
c.
A
third
or
subsequent
violation
within
two
years
shall
29
subject
the
person
to
a
civil
penalty
in
the
amount
of
one
30
thousand
dollars.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
scrap
metal
transactions
including
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establishing
an
application
and
permit
system
to
sell
scrap
1
metal
and
telecommunications
copper.
2
The
bill
provides
that
a
person
who
is
a
resident
of
Iowa
3
shall
not
sell
telecommunications
copper
to
a
scrap
metal
4
dealer
in
this
state
unless
the
person
has
obtained
a
permit
to
5
sell
telecommunications
copper
from
the
sheriff
of
the
county
6
in
which
the
person
resides.
A
person
who
is
not
a
resident
of
7
Iowa
shall
not
sell
telecommunications
copper
to
a
scrap
metal
8
dealer
in
this
state
unless
the
person
has
obtained
a
permit
to
9
sell
telecommunications
copper
from
a
sheriff
located
anywhere
10
in
the
state.
The
sheriff
shall
issue
a
permit
to
the
person
if
11
all
of
the
following
apply:
the
person
has
not
been
convicted
12
of
a
violation
of
the
bill
more
than
two
times;
the
person
13
declares
on
an
application
provided
by
the
sheriff
that
the
14
person
is
informed
of
and
will
comply
with
the
bill;
and
the
15
person
pays
a
permit
fee
of
not
more
than
$5.
16
The
state
patrol
of
the
department
of
public
safety
is
17
directed
to
develop
an
application
and
permit
in
consultation
18
with
county
sheriffs
and
scrap
metal
dealers.
All
sheriffs
19
shall
use
the
application
and
permit
developed
by
the
state
20
patrol.
A
permit
is
valid
statewide
and
expires
on
the
21
person’s
birth
date
on
the
second
calendar
year
after
the
22
calendar
year
in
which
the
permit
is
issued,
or,
if
the
23
permittee
is
an
entity,
the
permit
expires
on
the
date
of
24
issuance
on
the
second
calendar
year
after
the
calendar
year
25
in
which
the
permit
was
issued.
26
The
bill
provides
that
a
sheriff
may
investigate
a
person’s
27
or
entity’s
background
prior
to
issuing
a
permit
for
purposes
28
of
determining
if
the
person
or
entity
qualifies
to
be
issued
a
29
permit.
A
permit
may
be
denied,
suspended,
or
revoked
at
any
30
time
if
a
sheriff
discovers
that
information
on
an
application
31
is
inaccurate,
the
person
or
entity
fails
to
comply
with
the
32
bill,
or
the
person
or
entity
is
convicted
of
a
violation
of
33
the
bill
or
Code
section
716.11.
34
The
bill
requires
that
a
sheriff
is
required
to
keep
a
record
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of
all
scrap
metal
permits
issued
containing,
at
a
minimum,
the
1
date
of
issuance,
the
name
and
address
of
the
person
or
entity,
2
a
photocopy
of
the
person’s
identification
or
of
the
entity’s
3
employee’s
identification,
and
a
photograph
of
the
person
or
of
4
the
entity’s
employee.
5
The
bill
makes
conforming
changes
related
to
renumbering.
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