Bill Text - HB343 (2014)

(2nd New Title) establishing a commission to study the current community-based system of commodities reporting by junk or scrap metal dealers in New Hampshire.


Revision: June 15, 2014, midnight

HB 343-FN – VERSION ADOPTED BY BOTH BODIES

29Jan2014… 2305h

04/17/14 1226s

4Jun2014… 1933CofC

2013 SESSION

13-0788

05/04

HOUSE BILL 343-FN

AN ACT establishing a commission to study the current community-based system of commodities reporting by junk or scrap metal dealers in New Hampshire.

SPONSORS: Rep. Huot, Belk 3; Rep. DiMartino, Belk 2

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill establishes a commission to study the current community-based system of commodities reporting by junk or scrap metal dealers in New Hampshire. The bill also establishes a commission to study regulatory requirements for pawnbrokers and secondhand dealers in New Hampshire.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Jan2014… 2305h

04/17/14 1226s

4Jun2014… 1933CofC

13-0788

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT establishing a commission to study the current community-based system of commodities reporting by junk or scrap metal dealers in New Hampshire.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Commission to Study Commodities Reporting. Amend RSA 322 by inserting after section 13 the following new section:

322:14 Commission to Study Commodities Reporting.

I. There is established a commission to study the current community-based system of commodities reporting by junk or scrap metal dealers in New Hampshire and to examine the advisability of creating a statewide database to assist in the deterrence or investigation of metal theft in New Hampshire. The members of the commission shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(c) One member, from law enforcement in a community where a scrap metal business resides, appointed by the president of the senate.

(d) One member from the New Hampshire Association of Chiefs of Police, appointed by the speaker of the house of representatives.

(e) One representative of the scrap metal dealer industry, appointed by the president of the senate.

(f) One representative of the scrap metal dealer industry, appointed by the speaker of the house of representatives.

(g) One member of the construction industry in New Hampshire, appointed by the president of the senate.

(h) One member of the Auto and Truck Recyclers Association of New Hampshire, appointed by the speaker of the house of representatives.

II. The commission shall:

(a) Study the current system of community-based regulation and reporting by junk or scrap metal dealers in New Hampshire.

(b) Study the occurrence of metal theft and arrest records in New Hampshire under the current system.

(c) Examine what tools exist in New Hampshire currently to curb the incidence of metal theft.

(d) Study effective models in others states and their funding mechanisms.

(e) Review and recommend on the advisability of creating a statewide database for New?Hampshire, funded by fees on those regulated, and its potential to assist in the deterrence or aid in investigations of metal theft in New Hampshire.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV. Members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.

V. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor and the state library on or before November 1, 2014.

2 New Section; Pawnbrokers; Commission to Study Regulatory Requirements for Pawnbrokers and Secondhand Dealers in New Hampshire. Amend RSA 399-A by inserting after section 19 the following new section:

399-A:20 Commission to Study Regulatory Requirements for Pawnbrokers and Secondhand Dealers in New Hampshire.

I. There is established a commission to study regulatory requirements for pawnbrokers and secondhand dealers in New Hampshire, the purpose of which shall be to review state and local regulation of pawnbrokers and secondhand dealers to determine whether current statutes and ordinances should be revised for consistency and to better reflect current business practices and/or law enforcement concerns.

II. The members of the commission shall be as follows:

(a) One member of the senate, appointed by the senate president.

(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(c) One representative of law enforcement from a municipality in which a pawnshop and secondhand shop are located, appointed by the senate president.

(d) A representative of the New Hampshire Association of Chiefs of Police, appointed by the association.

(e) A county attorney with experience in property crimes, appointed by the governor.

(f) One representative of the pawnbroker industry, appointed by the senate president.

(g) One representative of the secondhand dealer industry, appointed by the speaker of the house of representatives.

(h) One representative of the coin dealer industry who transacts business with the general public, appointed by the senate president.

(i) One representative of the antique dealer industry, who transacts business with the general public, appointed by the speaker of the house of representatives.

III. The commission shall:

(a) Study current laws and ordinances regulating pawnbrokers and secondhand dealers in New Hampshire.

(b) Study issues surrounding recordkeeping, reporting, and retention periods, including privacy and constitutional questions.

(c) Study the changes in recovery rates in municipalities that have mandated recordkeeping, reporting, and retention periods, and determine what caused the change and whether the amount of change justified the increase in regulation.

(d) Consider the impact changes to state law would have on the industry, including any ethical concerns.

(e) Study issues related to jurisdiction and law enforcement inspections.

(f) Identify the type of items and transactions that should be regulated and those that should be excluded from regulation, including whether a minimum dollar value is appropriate.

(g) Recommend statutory changes to reflect current business practices and address identified enforcement issues.

(h) Solicit such information and testimony from individuals, agencies, and entities as may assist the commission in the performance of its duties.

IV. Members of the commission shall serve without compensation, except that legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

V. Members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.

VI. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2014.

3 Repeal. The following are repealed:

I. RSA 322:14, relative to the commission to study the current community-based system of commodities reporting by junk or scrap metal dealers in New Hampshire.

II. RSA 399-A:20, relative to the commission to study regulatory requirements for pawnbrokers and secondhand dealers in New Hampshire.

4 Effective Date.

I. Section 3 of this act shall take effect December 1, 2014.

II. The remainder of this act shall take effect upon its passage.

LBAO

13-0788

Amended 04/22/14

HB 343-FN FISCAL NOTE

AN ACT establishing a commission to study the current community-based system of commodities reporting by junk or scrap metal dealers in New Hampshire.

FISCAL IMPACT:

    The Office of Legislative Budget Assistant states this bill, as amended by the Senate (Amendment #2014-1226s), will have no fiscal impact on state, county, or local revenue and expenditures.

METHODOLOGY:

    The Office of Legislative Budget Assistant states this bill establishes a study commission and as such will have no fiscal impact on state, county, or local revenue and expenditures.

None