74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 3026
LC 2200/HB 3026-3
HOUSE AMENDMENTS TO
HOUSE BILL 3026
By COMMITTEE ON JUDICIARY
May 2
On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
and amending ORS 161.005, 165.107, 646.848 and 646.849.'.
Delete lines 4 through 30 and delete pages 2 through 4 and
insert:
' { + 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. + } ' .
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