Chapter 475
AN ACT
HB 3026
Relating to metals; creating new provisions;
and amending ORS 161.005, 165.107, 646.848 and 646.849.
Be It Enacted by the People of
the State of
SECTION 1. ORS 165.107 is amended to read:
165.107. (1) A [person] scrap metal dealer commits
the [crime] offense of failing
to maintain a metal purchase record if the [person]
scrap metal dealer knowingly buys or otherwise obtains new, used or
secondhand nonferrous metals or alloys thereof without keeping a record of all
such articles purchased or obtained.
(2) The [person] scrap metal dealer
purchasing or obtaining the metal shall retain the record required by
subsection (1) of this section for a period of not less than one year and the [person] scrap metal dealer shall
make the record available to any peace officer on demand. [The record shall contain:]
[(a) A general description of all property
purchased.]
[(b) The type and quantity or weight of the
property.]
[(c) The name, address, description and signature of the person who
sells, makes delivery or otherwise makes the metal available.]
[(d) A description of any motor vehicle and
its license number used in the delivery of such articles.]
(3) The record
required by subsection (1) of this section shall contain:
(a) The time and date of
the transaction and the name of the person conducting the transaction on behalf
of the scrap metal dealer.
(b) A general
description of the property purchased, including the type and amount and, if
readily discernible, any identifiable marks on the property.
(c) A photocopy of a
current, valid driver license, passport or state identification card of the
seller.
(d) The amount of the
consideration given for the metals.
(e) If the transaction
is valued at more than $100, a declaration, signed by the seller, in
substantially the following form: “I, the undersigned, hereby declare that the
property that is subject to this transaction is not, to the best of my
knowledge, stolen property. I understand that this statement is made under
penalty of perjury and may be used as evidence in court.”
(f) Video surveillance
or a photograph of the seller. Notwithstanding subsection (2) of this section,
the images must be retained for 30 days from the date of the transaction.
(g) A description of any
motor vehicle and its license number used in the delivery of the property.
[(3)] (4) This section shall not
apply to purchases made by or from a manufacturer, remanufacturer or a
distributor appointed by a manufacturer of such articles.
[(4)] (5) As used in this section[,]:
(a) “Nonferrous
metal” includes, but is not limited to, aluminum, stainless steel, copper,
copper wire, copper cable, brass, electrolytic nickel and zinc. “Nonferrous
metal” does not include precious metals when actually used in the manufacture,
repair, sale or resale of jewelry.
(b) “Scrap metal
dealer” means a person engaged in the business of purchasing or receiving
nonferrous metal property for aggregation and sale to a metal processor or
metal recycler.
(c) “Seller” means a
person who sells or delivers the property or otherwise makes the property
available to the scrap metal dealer.
[(5) Failing to maintain a metal purchase record is a Class B
misdemeanor.]
(6)(a) A scrap metal
dealer that violates this section shall pay a fine of $1,000.
(b) Notwithstanding
paragraph (a) of this subsection, a scrap metal dealer that violates this
section shall pay a fine of $5,000 if the scrap metal dealer has at least three
previous convictions for violations of this section.
SECTION 2. ORS 646.848 is amended to read:
646.848. (1) A person
doing business as a consignment store, a buy-sell store, a secondhand store or
a similar store or enterprise that in the regular course of business buys used
goods from individuals for the purpose of resale shall:
(a) Require that the
individual from whom the person buys the used goods present proof of
identification; and
(b) Maintain a record of
the name and address of the individual, the type of identification provided by
the individual, the date and a description of the goods bought from the
individual.
(2) If the goods
described in subsection (1) of this section are constructed of nonferrous metal
as that term is defined in ORS 165.107, in addition to the requirements of
subsection (1) of this section, the records shall contain the following:
(a) A photocopy of the
identification provided under subsection (1)(a) of
this section;
(b) The amount of
consideration given for the goods;
(c) If the transaction
is valued at more than $100, a declaration, signed by the individual from whom
the person buys the used goods, in substantially the following form: “I, the
undersigned, hereby declare that the property that is subject to this
transaction is not, to the best of my knowledge, stolen property. I understand
that this statement is made under penalty of perjury and may be used as
evidence in court.”;
(d) Video surveillance
or a photograph of the individual; and
(e) A description and
the registration plate number of any motor vehicle used in the delivery of the
goods.
[(2)] (3)(a) The person shall make all records required to be
maintained by [subsection (1)]
subsections (1) and (2) of this section available to law enforcement
personnel conducting an investigation.
(b) The person shall
retain the records described in subsection (2) of this section for a period of
not less than one year, except that the video surveillance or photograph
described in subsection (2)(d) of this section must be retained for 30 days
from the date of the transaction.
[(3)] (4) This section does not
apply to pawnbrokers licensed under ORS 726.080.
[(4)] (5) This section does not preempt, invalidate or in any
way affect the operation of any provision of a county, city or district
ordinance regulating the activities of consignment stores, buy-sell stores,
secondhand stores or similar stores or enterprises that in the regular course
of business buy used goods from individuals for the purpose of resale.
SECTION 3. ORS 646.849 is amended to read:
646.849. (1) A
person that violates ORS 646.848 (1) commits a Class B violation.
(2)(a) A person that
violates ORS 646.848 (2) shall pay a fine of $1,000.
(b) Notwithstanding
paragraph (a) of this subsection, a person that violates ORS 646.848 (2) shall
pay a fine of $5,000 if the person has at least three previous convictions for
violations of ORS 646.848 (2).
SECTION 4. ORS 161.005 is amended to read:
161.005. ORS 161.005 to
161.055, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to
161.370, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685,
161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to
162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.115,
163.125 to 163.145, 163.160 to 163.208, 163.215 to 163.257, 163.275, 163.285,
163.305 to 163.467, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to
164.135, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415,
164.805, 164.877, 165.002 to [165.109]
165.102, 165.109,165.805, 166.005 to 166.095, 166.350, 166.382,
166.384, 166.660, 167.002 to 167.027, 167.060 to 167.100, 167.117, 167.122 to
167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350, 167.810 and
167.820, shall be known and may be cited as Oregon Criminal Code of 1971.
SECTION 5. The amendments to ORS 161.005, 165.107,
646.848 and 646.849 by sections 1 to 4 of this 2007 Act apply to offenses
committed and transactions made on or after the effective date of this 2007
Act.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
__________