How HB 2213 changes current law

Metal property · Washington

How this bill changes current law

3 changes

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 3 section(s) of the Revised Code of Washington: RCW 19.290.020; RCW 19.290.030; RCW 19.290.050.

  • RCW 19.290.020

    and → (e) The license plate number and state of issuance of the license plate on the motor vehicle used to deliver the nonferrous metal property subject to the transaction; (f) A description of the motor vehicle used to deliver the nonferrous metal property subject to the transaction; (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; (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: "I, the undersigned, affirm under penalty of law that the property that is subject to this transaction is not to the best of my knowledge stolen property." 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. (4)(a) For every transaction that involves nonferrous metal property with a value of $50 or more: (i) The information collected under subsection (1) of this section must be digitally uploaded to a database approved by the Washington state patrol; and (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: (i) Involve the same seller; or (ii) The same vehicle is used to deliver the nonferrous metal property.

    amended

  • RCW 19.290.030

    (a) or (b) of 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, balance of the : (i) A ; and (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. (b) A digital image or picture taken under this section must be available for two years from the date of transaction, while a video recording must be available for 30 days → read as follows: (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) No transaction involving nonferrous metal property may be made in cash . 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 requirements of RCW 19.290.020 except as described in this subsection. The person with whom the transaction is being made may only be paid by a nontransferable check, electronic method of payment, stored value device, or electronic funds transfer for nonferrous metal property. 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 a copy of one piece of current government-issued picture identification, including a current driver's license or identification card issued by any state . (6) No scrap metal business may purchase or receive beer kegs from anyone except a manufacturer of beer kegs or licensed brewery. (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.

    amended

  • RCW 19.290.050

    upon request by any commissioned law enforcement officer of the state or any of its political subdivisions, only a specified 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 applicable commissioned law enforcement officer of the state, the chief of police, or the county's chief law enforcement officer → read as follows: (1) In addition to all other requirements of this chapter, every scrap metal business shall p. 4 HB 2213 ⟦INS⟧furnish a full, true, and correct transcript of the records from the purchase or receipt of nonferrous metal property and commercial metal property involving 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 five business days to the Washington state patrol. (2) Any records created or produced under this section are exempt from disclosure under chapter 42.56 RCW. (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 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. (4) Compliance with this section shall not give rise to or form the basis of private civil liability on the part of a scrap metal business or scrap metal recycler.

    amended

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