Bill Text: OR HB2696 | 2011 | Regular Session | Enrolled
Bill Title: Relating to scrap metal; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-21 - Chapter 450, (2011 Laws): Effective date June 21, 2011. [HB2696 Detail]
Download: Oregon-2011-HB2696-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2696
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary)
CHAPTER ................
AN ACT
Relating to scrap metal; amending ORS 165.107 and 165.116; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 165.107, as amended by section 5, chapter 56,
Oregon Laws 2010, is amended to read:
165.107. (1) Before completing a transaction, a scrap metal
business engaged in business in this state shall:
(a) Create a metal property record for the transaction at the
time and in the location where the transaction occurs. The record
must:
(A) Be accurate and written clearly and legibly in English;
(B) Be entered onto a standardized printed form or an
electronic form that is securely stored and is capable of ready
retrieval and printing; and
(C) Contain all of the following information:
(i) The signature of the individual with whom the scrap metal
business conducts the transaction.
(ii) The time, date, location and monetary amount or other
value of the transaction.
(iii) The name of the employee who conducts the transaction on
behalf of the scrap metal business.
(iv) The name { - , street address - } and telephone number
of the individual with whom the scrap metal business conducts the
transaction { + and a street address to which the scrap metal
business will mail payment to the individual + }. The metal
property record may contain an address other than a street
address if the address is listed on the government-issued photo
identification described in sub-subparagraph (vi) of this
subparagraph.
(v) A description of, and the license number and issuing state
shown on the license plate affixed to, the motor vehicle, if any,
used to transport the individual who conducts, or the nonferrous
metal property or private metal property that is the subject of,
the transaction.
(vi) A photocopy of a current, valid driver license or other
government-issued photo identification belonging to the
individual with whom the scrap metal business conducts the
transaction.
(vii) A photograph of, or video surveillance recording
depicting, a recognizable facial image of the individual with
whom the scrap metal business conducts the transaction.
Enrolled House Bill 2696 (HB 2696-A) Page 1
(viii) A general description of the nonferrous metal property
or private metal property that constitutes the predominant part
of the transaction. The description must include any identifiable
marks on the property, if readily discernible, and must specify
the weight, quantity or volume of the nonferrous metal property
or private metal property.
(b) Require the individual with whom the scrap metal business
conducts a transaction to sign and date a declaration printed in
conspicuous type, either on the record described in this
subsection or on a receipt issued to the individual with whom the
scrap metal business conducts the transaction, that states:
_________________________________________________________________
I, __________, AFFIRM UNDER PENALTY OF LAW THAT THE PROPERTY I AM
SELLING IN THIS TRANSACTION IS NOT, TO THE BEST OF MY KNOWLEDGE,
STOLEN PROPERTY.
_________________________________________________________________
(c) Require the employee of the scrap metal business who
conducts the transaction on behalf of the scrap metal business to
witness the individual sign the declaration, and also to sign and
date the declaration in a space provided for that purpose.
(d) For one year following the date of the transaction, keep a
copy of the record and the signed and dated declaration described
in this subsection. If the scrap metal business uses a video
surveillance recording as part of the record kept in accordance
with this subsection, the scrap metal business need not keep the
video surveillance recording for one year, but shall retain the
video surveillance recording for a minimum of 30 days following
the date of the transaction. The scrap metal business shall at
all times keep the copies at the current place of business for
the scrap metal business.
(2) A scrap metal business engaged in business in this state
may not do any of the following:
(a) Purchase or receive kegs or similar metallic containers
used to store or dispense alcoholic beverages, except from a
person that manufactures the kegs or containers or from a person
licensed by the Oregon Liquor Control Commission under ORS
471.155.
(b) Conduct a transaction with an individual if the individual
does not at the time of the transaction consent to the creation
of the record described in subsection (1) of this section and
produce for inspection a valid driver license or other
government-issued photo identification that belongs to the
individual.
(c) Conduct a transaction with an individual in which the scrap
metal business pays the individual other than by mailing a
nontransferable check { + , made payable to the individual, + }
for the amount of the transaction to the address the individual
provided under subsection (1)(a)(C)(iv) of this section not
earlier than three business days after the date of the
transaction. The check must be drawn on an account that the scrap
metal business maintains with a financial institution, as defined
in ORS 706.008.
{ + (d) Purchase metal property from a nonprofit corporation
other than by mailing a nontransferable check, made payable to
the nonprofit corporation, for the amount of the purchase price
to the business address provided under subsection (3)(a)(B) of
this section not earlier than three business days after the date
of the purchase. The check must be drawn on an account that the
Enrolled House Bill 2696 (HB 2696-A) Page 2
scrap metal business maintains with a financial institution, as
defined in ORS 706.008. + }
{ - (d) - } { + (e) + } Cash { + or release + } a check
issued in payment for a transaction or { - release a check
issued in payment for a transaction - } { + for a purchase
described in paragraph (d) of this subsection + } other than as
provided in { + this paragraph or + } paragraph (c) { + or
(d) + } of this subsection. If a check is returned as undelivered
or undeliverable, the scrap metal business { + :
(A) + } Shall retain the check until the individual { - with
whom the scrap metal business conducted the transaction - } { +
or nonprofit corporation to which the check was mailed + }
provides a valid address in accordance with subsection
(1)(a)(C)(iv) { + or (3)(a)(B) + } of this section. If after 30
days following the date of the transaction { + or the purchase
described in paragraph (d) of this subsection + } the individual
{ + or nonprofit corporation + } fails to provide a valid
address, the scrap metal business may cancel the check and the
individual { + or nonprofit corporation + } shall forfeit to the
scrap metal business the amount due as payment { + ; or
(B) May release the check directly to the individual or
nonprofit corporation with the written approval of a law
enforcement agency having jurisdiction over the scrap metal
business + }. { + The scrap metal business shall retain the
written approval for one year following the date the approval is
received. + }
(3) Before purchasing or receiving metal property from a
commercial seller, a scrap metal business shall:
(a) Create and maintain a commercial account with the
commercial seller. As part of the commercial account, the scrap
metal business shall enter accurately, clearly and legibly in
English onto a standardized printed form, or an electronic form
that is securely stored and is capable of ready retrieval and
printing, the following information:
(A) The full name of the commercial seller;
(B) The business address and telephone number of the commercial
seller; and
(C) The full name of each employee, agent or other individual
the commercial seller authorizes to deliver metal property to the
scrap metal business.
(b) Record as part of the commercial account at the time the
scrap metal business purchases or receives metal property from a
commercial seller the following information:
(A) The time, date and location at which the commercial seller
delivered the metal property for purchase or receipt;
(B) The monetary amount or other value of the metal property;
(C) A description of the type of metal property that
constitutes the predominant part of the purchase or receipt; and
(D) The signature of the individual who delivered the metal
property to the scrap metal business.
(4) A scrap metal business may require an individual from whom
the business obtains metal property to provide the individual's
thumbprint to the scrap metal business.
(5) A scrap metal business shall make all records and accounts
required to be maintained under this section available to any
peace officer on demand.
(6)(a) A scrap metal business that violates a provision of
subsections (1) to (3) of this section shall pay a fine of
$1,000.
Enrolled House Bill 2696 (HB 2696-A) Page 3
(b) Notwithstanding paragraph (a) of this subsection, a scrap
metal business that violates a provision of subsections (1) to
(3) of this section shall pay a fine of $5,000 if the scrap metal
business has at least three previous convictions for violations
of a provision of subsections (1) to (3) of this section.
(7) The definitions in ORS 165.116 apply to this section.
SECTION 2. ORS 165.116, as amended by section 1, chapter 56,
Oregon Laws 2010, is amended to read:
165.116. As used in ORS 165.116 to 165.124:
(1) 'Commercial account' means an agreement or arrangement
between a commercial seller and a scrap metal business for
regularly or periodically selling, delivering, purchasing or
receiving metal property.
(2) 'Commercial metal property' means an item fabricated or
containing parts made of metal or metal alloys that:
(a) Is used as, used in or used as part of:
(A) A utility access cover or a cover for a utility meter;
(B) A pole, fixture or component of a street light or traffic
light;
(C) A sign or marker located, with the permission of a
governmental entity, alongside a street, road or bridge for the
purpose of directing or controlling traffic or providing
information to motorists;
(D) A traffic safety device, including a guardrail for a
highway, road or bridge;
(E) A vase, plaque, marker, tablet, plate or other sign or
ornament affixed to or in proximity to a historic site, grave,
statue, monument or similar property accessible to members of the
public;
(F) An agricultural implement, including an irrigation wheel,
sprinkler head or pipe;
(G) A forestry implement or structure, including silvicultural
equipment, gates, culverts and servicing and maintenance parts or
supplies; or
(H) A logging operation implement, including mechanical
equipment, rigging equipment and servicing and maintenance parts
or supplies;
(b) Bears the name of, or a serial or model number, logo or
other device used by, a commercial seller to identify the
commercial seller's property including, but not limited to,
implements or equipment used by railroads and utilities that
provide telephone, commercial mobile radio, cable television,
electricity, water, natural gas or similar services;
(c) Consists of material used in building construction or other
commercial construction, including:
(A) Copper or aluminum pipe, tubing or wiring;
(B) Aluminum gutters, downspouts, siding, decking, bleachers or
risers; or
(C) Aluminum or stainless steel fence panels made of one-inch
tubing 42 inches long, with four-inch gaps; or
(d) Constitutes wire of a gauge typically used by utilities to
provide electrical or telecommunications service.
(3) 'Commercial seller' means a business entity, as defined in
ORS 60.470, { + nonprofit corporation + }or governmental entity
that regularly or periodically sells or delivers metal property
to a scrap metal business as part of the entity's business
functions.
{ + (4) 'Law enforcement agency' has the meaning given that
term in ORS 131.550. + }
Enrolled House Bill 2696 (HB 2696-A) Page 4
{ - (4) - } { + (5) + } 'Metal property' means commercial
metal property, nonferrous metal property or private metal
property.
{ - (5)(a) - } { + (6)(a) + } 'Nonferrous metal property'
means an item fabricated or containing parts made of or in an
alloy with copper, brass, aluminum, bronze, lead, zinc or nickel.
(b) 'Nonferrous metal property' does not include gold, silver
or platinum that is used in the manufacture, repair, sale or
resale of jewelry.
{ + (7) 'Nonprofit corporation' means a corporation to which
the Secretary of State has issued a certificate of existence or a
certificate of authorization under ORS 65.027. + }
{ - (6) - } { + (8) + } 'Private metal property' means a
catalytic converter that has been removed from a vehicle and is
offered for sale as an independent item, whether individually or
as part of a bundle, bale or in other bulk form.
{ - (7)(a) - } { + (9)(a) + } 'Scrap metal business' means
a person that:
(A) Maintains a permanent or fixed place of business at which
the person:
(i) Engages in the business of purchasing or receiving metal
property;
(ii) Alters or prepares metal property the person receives for
use in manufacturing other products; and
(iii) Owns, leases, rents, maintains or uses a device used in
metal recycling, including a hydraulic baler, metal shearer or
metal shredder;
(B) Maintains a permanent or fixed place of business at which
the person engages in the business of purchasing or receiving
metal property for the purpose of aggregation and sale to another
scrap metal business; or
(C) Does not necessarily maintain a permanent or fixed place of
business in this state but engages in the business of purchasing
or receiving nonferrous metal property or private metal property
for the purpose of aggregation and sale to another scrap metal
business.
(b) 'Scrap metal business' does not include a governmental
entity that accepts metal property for recycling.
{ - (8)(a) - } { + (10)(a) + } 'Transaction' means a sale,
purchase, receipt or trade of, or a contract, agreement or pledge
to sell, purchase, receive or trade, private metal property or
nonferrous metal property that occurs or forms between an
individual and a scrap metal business.
(b) 'Transaction' does not include:
(A) A transfer of metal property made without consideration; or
(B) A sale, purchase, receipt or trade of, or a contract,
agreement or pledge to sell, purchase, receive or trade, private
metal property or nonferrous metal property that occurs or forms
between:
(i) A commercial seller or an authorized employee or agent of
the commercial seller; and
(ii) A scrap metal business or an authorized employee or agent
of the scrap metal business.
SECTION 3. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Enrolled House Bill 2696 (HB 2696-A) Page 5
Passed by House March 24, 2011
Repassed by House June 9, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 7, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2696 (HB 2696-A) Page 6
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2696 (HB 2696-A) Page 7
