74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to A-Eng. SB 645
 
LC 2127/SB 645-A2
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 645
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                            April 20
 
  On page 1 of the printed A-engrossed bill, delete lines 4
through 18 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + (1) A local government may enact or
adopt an ordinance, charter provision, resolution or other
regulation to prohibit the unauthorized appropriation of a
shopping cart from the business premises of the person that owns
the shopping cart and to provide for the salvage or reclamation
of an abandoned shopping cart.
  ' (2) An ordinance, charter provision, resolution or other
regulation enacted or adopted as described in subsection (1) of
this section shall substantially conform with the requirements
set forth in section 2 of this 2007 Act. This subsection does not
preclude a local government from enacting or adopting an
ordinance, charter provision, resolution or other regulation
related to the collection or retrieval of abandoned shopping
carts by a person that is subject to but not in compliance with
section 2 (1)(d) of this 2007 Act.
  ' (3) For purposes of this section, 'local government' means a
city, county, special district or other public commission,
authority or entity organized under state statute or city or
county charter. + }
  '  { +  SECTION 2. + }  { + (1) A local government in an
ordinance, charter provision, resolution or other regulation
enacted or adopted in accordance with section 1 of this 2007 Act
shall provide that a person that supplies shopping carts for
public use at the person's business shall:
  ' (a) Post signs in sufficient number to give notice to members
of the public entering onto or leaving the business premises that
unauthorized appropriation of a shopping cart is a crime under
ORS 164.015 and to provide a toll-free telephone number that
members of the public may use to report abandoned shopping carts.
  ' (b) Identify the person's business on each shopping cart and
post a sign on the shopping cart that:
  ' (A) Notifies any member of the public using the shopping cart
that unauthorized appropriation of a shopping cart is a crime
under ORS 164.015; and
  ' (B) Provides a toll-free telephone number for use in
reporting an abandoned shopping cart.
  ' (c) Establish, maintain and make available to the public, at
the person's own expense, a toll-free telephone line for the
purpose of reporting abandoned shopping carts. The person shall
forward each report the person receives concerning an abandoned
shopping cart to the owner of the shopping cart and to the
appropriate local government within one business day after the
person receives the report. The person may forward the report to
the local government by means of electronic mail or in any other
manner provided for in a local government regulation.
  ' (d) Retrieve or contract for the retrieval of abandoned
shopping carts.
 
  ' (2) An ordinance, charter provision, resolution or other
regulation enacted or adopted in accordance with section 1 of
this 2007 Act shall provide that a person may agree with other
persons to share and to pay expenses related to the toll-free
telephone line described in subsection (1)(c) of this section.
The agreement shall provide that any person designated to operate
the toll-free telephone line and receive reports concerning
abandoned shopping carts must forward the reports in accordance
with subsection (1)(c) of this section.
  ' (3) An ordinance, charter provision, resolution or other
regulation enacted or adopted in accordance with section 1 of
this 2007 Act shall provide that a person shall retrieve a
shopping cart that the person owns within 72 hours after
receiving notification that the shopping cart has been abandoned.
  ' (4) An ordinance, charter provision, resolution or other
regulation enacted or adopted in accordance with section 1 of
this 2007 Act shall provide that:
  ' (a) A local government that identifies, salvages or reclaims
an abandoned shopping cart shall use the toll-free telephone line
described in subsection (1)(c) of this section to report the
existence and location of an abandoned shopping cart to the owner
of the shopping cart, if the owner is identifiable;
  ' (b) A local government may take custody of an abandoned
shopping cart and impose a fine of $50 on the owner of the
shopping cart if the owner does not retrieve the shopping cart
within 72 hours after the local government makes a report under
paragraph (a) of this subsection or after the owner receives a
report under subsection (1)(c) of this section;
  ' (c) A local government may release a shopping cart held in
the local government's custody to the owner upon payment of the
fine; and
  ' (d) A local government may take title to a shopping cart in
the local government's custody and dispose of the shopping cart
as the local government deems appropriate, if the owner does not
claim the shopping cart within 30 days.
  ' (5) For purposes of this section, 'local government' means a
city, county, special district or other public commission,
authority or entity organized under state statute or city or
county charter. + } ' .
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