BOO' 111 PAGE 986cou~~,c '

'H' ,OURTJOV1lNAt

BEFORE THE BOARD OF COUNTY COMMISSIONERSFILED -~.__"

Ic3 ,a-rv- o~JAN 2 6 2011

TASSI.. O'NEILCOUNTY CLERKORDER

#11 - 001

FOR TILLAMOOK COUNTY, OREGON

In the Matter of Ratifying a Plan )Regarding the Theft of Metal Property )and Effective Communication between )Law Enforcement and Commercial )Sellers )

This matter came on to be heard this 26th day of January, 2011 at a regularmeeting of the Board of Commissioners at the request of William B. Porter, DistrictAttorney.

Being fully advised of the representations of the above named person and therecords and files herein, the Board finds as follows:

1. Senate Bill 570, passed by the Oregon Legislature in 2009, requires that a localplan be developed regarding the theft of metal property and effectivecommunication between law enforcement and commercial sellers.

2. The District Attorney for Tillamook County has developed a local plan to meet therequirements of Senate Bill 570.

NOW THEREFORE, IT IS HEREBY ORDERED THAT

3. The Plan attached as Exhibit "A" be and hereby is ratified by Tillamook County.

DATED this 26th day of January, 2011.

/

argent, County Counsel

Aye Nay Abstain/Absent

Tim Josi, Vice-Chairperson

By: ...2 ............. ~.:o§. ( •• t.:1t:::-Special Deputy j;

M~~4i*---ATIEST: Tassi O'Neil, County Clerk

BOARD OF COUNTY COMMISSIONERSFOR TILLAMOOK COUNTY, OREGON

~~~

"EXHIBIT A"

TILLAMOOK COUNTY, OREGON

PLAN REGARDINGTHE THEFT OF METAL PROPERTY

AND EFFECTIVE COMMUNICATION BETWEEN LAW ENFORCEMENTAND COMMERCIAL SELLERS

[Senate Bill 570]

ARTICLE IPREAMBLE

The 2009 Oregon Legislative Assembly passed Senate Bill 570 (Appendix A) relating tothe theft of metal property, unlawful metal property transactions, and effectivecommunication between law enforcement and commercial sellers. SB 570 requiredthat the district attorney of the county in which a scrap metal business has a place ofbusiness create a written plan of action that ensures effective communicationbetween law enforcement and the business community regarding the theft of metalproperty.

SB 570 (Section 11) mandates that the written plan of action must include, but neednot be limited to, a procedure for law enforcement agencies to notify scrap metalbusinesses of a the:t of metal property within 24 hours after the receipt of the rep.ortof the theft. It also directs that the district attorney shall provide a copy of the writtenplan of action to the local public safety coordination council described in ORS423.560. Further, if a plan of action has been provided to the council, the publicsafety coordinating council must annually review the plan and, if appropriate, mal<ewritten recommendations to the affected district attorney for plan improvements.

ARTICLE IIDEFINITIONS

Section 1. DefinitionsAs used in this plan:

"Law Enforcement Agency" means the Department of State Police, the Department ofJustice, a district attorney, a political subdivision of the State of Oregon and amunicipal corporation of the State of Oregon, that maintains a law enforcement unitas defined in ORS 181.610 (12)(a)(A).

"Commercial account"means an agreement or arrangement between a commercialseller and a scrap metal business for regularly or periodically selling, delivering,purchasing or receiving metal property.

"Commercial metal property"means an item fabricated or containing parts made ofmetal 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 ofdirecting or controlling traffic or providing information tomotorists;

D) A traffic safety device, including a guardrail for a highway, road orbridge;

E) A vase, plaque, marker, tablet, plate or other sign or ornamentaffixed to or in proximity to a historic site, grave, statue,monument or similar property accessible to members of thepublic;

F) An agricultural implement, including an irrigation wheel,sprinkler head or pipe;

G) A forestry implement or structure, including silviculturalequipment, gates, culverts and servicing and maintenance partsor supplies; or

H) A logging operation implement, including mechanical equipment,rigging equipment and servicing and maintenance parts orsupplies;

b. Bears the name of, or a serial or model number, logo or other deviceused by, a commercial seller to identify the commercial seller's propertyincluding, but not limited to, implements or equipment used by railroadsand utilities that provide telephone, commercial mobile radio, cabletelevision, electricity, water, natural gas or similar services;

c. Consists of material used in building construction or other commercialconstruction, including:A) Copper or aluminum pipe, tubing or wiring;B) Aluminum gutters, downpours, siding, decking, bleachers or

risers; orC) 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 electricalor telecommunications service.

"Commercial sellel" means a business entity, as defined in ORS 60,470, orgovernmental entity that regularly or periodically sells or delivers metal property to ascrap metal business as part of the entity's business functions.

"Metalpropertif means commercial metal property, nonferrous metal property orprivate metal property.

"Non.ferrous metal property' means a..'l item fabricated or containing parts made of orin an alloy with copper, brass, aluminum, bronze, lead, zinc or nickel. "Nonferrousmetal property" does not include gold, silver or platinum that is used in themanufacture, repair, sale or resale of jewelry.

"Private metal property' means a catalytic converter that has been removed from avehicle and is offered for sale as an independent item, whether individually or as partof a bundle, bale or in other bulk form,

"Scrap metal business" means a person that is licensed :0 do business in this state oranother state and that:

a. Maintains a permanent or fixed place of business at which the person:A) Engages in the business of purchasing or receiving metal

property;B) Alters or prepares metal property the person receives for use in

manufacturing other products; andC) Owns, leases, rents, maintains or uses a device used in metal

recycling, including a hydraulic baler, metal shearer or metalshredder;

b. Maintains a permanent or fixed place of business at which the personengages in the business of purchasing or receiving metal property for thepurpose of aggregation and sale to another scrap metal bllsiness; or

c, Does not necessarily maintain a permanent or fixed place of business inthis state but engages in the business of purchasing or receivingnonferrous metal property or private metal property for the purpose ofaggregation and sale to another scrap metal business,

"Scrap metal business" does not include a governmental entity that accepts metalproperty for recycling.

"Transaction' means a sale, purchase, receipt or trade of, or a contract, agreement orpledge to sell, purchase, receive or trade, private metal property or nonferrous metalproperty that occurs or forms between an individual and a scrap metal business."Transaction" does not include:

a, A transfer of metal property made without consideration; orb. A sale, purchase, receipt or trade of, or a contract, agreement or pledge

to sell, purchase, receive or trade, private metal property or nonferrousmetal property that occurs or forms between:

A) A commercial seller or an authorized employee or agent of thecommercial seller; and

B) A scrap metal business or an authorized employee or agent of thescrap metal business.

ARTICLE IIIPLANNING AUTHORITY

Section 1. Law Enforcement Plan DevelopmentEach law enforcement agency must draft a procedure for its agency to notify everyscrap metal business and every law enforcement agency [see Article IV] within theCounty of Tillamook of a theft of metal property that it responds to. This must occurwithin 24 hours after the receipt of the report of theft.

Each plan development must include the manner in which the communication withscrap metal business wi'l occur along with communication of the. followinginformation:

• ::late, time and location of the metal theftAny suspect information (if known)Adequate description of the stolen metal property, including commoditytype, form and weigh (if known)

• Value of the stolen metal property (if Imown)• Any unique identifiers of the stolen metal property

Each law enforcement agency must incorporate officer education and training intotheir plan developing regarding SB 570 and its new reporting procedures.

Each law enforcement agency must incorporate education, outreach and training forthe community into its pla.'! development if its jurisdiction contains a commercialseller or scrap metal business. Education, outreach and training should be designedand implemented to promote effective communication among law enforcementofficers, community membe,s, and businesses [see Article VI.

Section 2. TimelineEach law enforcement agency shall complete and provide a copy of its plandevelopment to the District Attorney by January 1,2010. Any changes or updates toan individual plan development by an agency shall promptly be given to the DistrictAttorney.

Section 3. Scrap Metal BusinessesEach scrap metal business shall abide by the laws set forth in Section 2 and Section 4of sa 570. Pursuant to Section 2 of SB 570, each scrap metal business shall reportwithin 24 hours to the law enforcement agency that would normally respond to anycalls for service at its business location.

Section 4. Submission of Plan of Action to Public Safety Coordinating CouncilThe Tillamook County District Attorney's Office shall submit the plan developed underSection 1 of this Article, and any revisions of the plan, to the local Public SafetyCoordinating Council.

Section 5. Subsequent: Plan RevisionsThe District Attorney shall meet at least annually with law enforcement to review anddiscuss this Plan of Action. Law enforcement agencies subject'to this plan shall

promptly submit to the District Attorney a copy of any changes made to the agency'spolicy relating to metal theft, unlawful metal property transactions, andcommunication between law enforcement and the business community.

ARTICLE IVPARTICIPATING JURISDICTIONS & AGENCIES

Section 1. Governing BodiesThe District Attorney shall submit the plan, and revisions of the plan, to the governingbody of each law enforcement agency within Tillamook County except for theDepartment of State Police and the Department of ,Justice,

The governing bodies to which the plan shall be submitted are:• City of Tillamook - City Council

City of Rockaway Beach - City Council• City of Manzar-ita - City Council• Tillamook County - Board of County Commissioners

Section 2, Law Enforcement AgenciesLaw Enforcement agencies subject to the terms and conditions of the plan are:

• Tillamook City Police Department (TCPD)• Rockaway Beach Police Department (RBPD)

Manzanita Department of Public Safety (MDPS)• Tillamook County Sheriff's Office (TCSO)

Oregon State Police (OSP)

ARTICLE VEDUCATION, OUTREACH and TRAINING

Section 1. Education, Outreach and TrainingEach Plan Development submitted by a law enforcement agency must contain anelement dealing with education, outreach and training regarding metal theft if theirjurisdiction contains a commercial seller or scrap metal business. Education andTraining should be inclusive and encompass dialogue between business participantsand law enforcement. Programs may include, but are not limited to, informalgatherings, business meetings, lecturing sessions, multi-media presentations, orregularly scheduled community meetings.

Section 2. Training of Law Enforcement OfficersEach Plan Development submitted by a law enforcemen: agency must contain an.element of law enforcement officer training on the new law procedures. Policetraining can be supplemented in Tillamook County through a roll call trainingprogram which may include perspec:ives from members of the community.

- - -- --------._-------

ARTICLE VICOMPLIANCE

Section I, ComplianceTo ensure compliance with the requirements of SB 570 relating to information sharingfrom law enforcement to scrap metal businesses, the District Attorney shall review thePlan Development (Policy) of each participating law enforcement agency relating toeffective communicatior_,

The District Attorney shall notify the law enforcement agency if its Plan Development(Policy) meets or fails to meet the requirements listed in Article III, Section 1.

If the law enforcement agency's Plan Development (Policy) fails to meet therequirements listed in Section 1 of Article 1lI, the District Attorney shall list thedeficiencies in its notice to the law enforcement agency,

LIST OF APPENDICES

Appendix A - Senate Bill 570 (Enrolled)

Agency Plan Developments (Policies)

Appendix B - Tillamook City Police DepartmentAppendix C - Rockaway Beach Police DepartmentAppendix D - Manzanita Department of Public SafetyAppendix E - Tillamook County Sheriff's OfficeAppendix F - Oregon State Police

75th OREGON LEGISLATIVE ASSEMBLY··2009 Regular S•.,ion

Enrolled

Senate Bill 570Sponsored by Senators ATKINSON, BATES, BONAMICI, BOQUIST, BURDiCK, CARTER,

COURTNEY, DEVLIN, DINGFELDER, FERRIOLI, GEORGE, GIROD, HASS, JOHNSON,KRUSE, METSGER, MONNES ANDERSON, MONROE, MORRISETTE, MORSE, NELSON,PROZANSKI, ROSENBAUM, SCHRADER, STARR, TELFER, VERGER, WALKER, WHITSETT,WINTERS, Representatives BAILEY, BARKER, BARNHART, BARTON, BENTZ, BERGER,BEYER, BOONE, BRUUN, BUCKLEY, CAMERON, CANNON, CLEM, COWAN, DEMBROW,C EDWARDS, D EDWARDS, ESQUIVEL, FREEMAN, GALIZIO, GARRARD, GARRETT,GELSER, GILLIAM, GILMAN, GREENLICK, HANNA, HARKER, HOLVEY, HUFFMAN,HUNT, JENSON, KARL, KENNEMER, KOMP, KOTEK, KRIEGER, MATTHEWS, MAURER,NATHANSON, NOLAN, OLSON, READ, RICHARDSON, RILEY, ROBLAN, SCHAUFLER, GSMITH, J SMITH, SPRENGER, STIEGLER, THATCHER, THOMPSON, TOMEI, VANORMAN,WEIDNER, WHISNANT, WINGARD, WITT

CHAPTER "", .. " , " " '.. ,.

AN ACT

Relating to commerce in metal property; creating new provisions; and amending ORS 133,619.161,005, 164.095, 165.107, 423,565, £4liA,060 and 646A.062,

Be ?ac'te~;:;~~Ple-;:~;eSta f Oregon:

/ SECTION 1. Ae used in eections 1 to 5 this 2009 Act:(1) "Commercial accoWl.t" means greelllent or arrangement between a commercial

, seller and a scrap metal~~ r regularly or periodically selling, deIivel'ing, puxchasing~llWi..~1'llpOrfY.

(2) 'ICommercia1metal 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 oomponent of a street light or traffio 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 affi.xed 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 implelnent or structure, including si1vicultural equipment, gates, culverts

and servicing and maintenance parts or supplies; or(H) A logging operation implement, including mechanical equipment, rigging equipment

and servicing and m.aintellance parts or supplies;

Enrolle.d Senate Bill 6'10 (BB 570-B) Page 1

(b) Bears the name of, or a serial or model number, logo or other device used by, acommercial seller to identify the commercial .ener'. property Including, but not limited to,implements or equipment used by railroads and ntillties that provide telephone, commercialmobile radio, cable television, electricity, water, natural gas or similar services;

(c) Consists of material used in building construction or other commercial construotion,including:

(A) Copper or aluminmn pipe, tubing or wiring;(B) Aluminum gutters, downspouts, siding, deoking, bleachers or risers; or(C) Aluminum or stainless steel fence panels made of one-inch tubing 42 ht.ches long, with

four-inch gaps; or(d) Constitutes wire of a gauge typioally used by utilities to provide electrical or tele­

communications service.(8) ·'Commercial selleru means a business entity, as defined in ORS 60.470, or govern­

mental entity that regularly or periodically sells or delivers metal property to a scrap metalbusiness as part of the entity/a business functions.

(4) "Metal property) means commercial metal property, nonferrous metal property orp,·ivat. metsl property.

(5){a) "Nonferrous metal property" means an item fabricated or containing parts madeof or in an alloy with copper, brass, aluminum, bronze, lead, zinc or nickel.

(b) "Nonferrous metal property" does llot include gold, silver or platinum. that is UBcd inthe manufacturet repair, sale or resale of jewelry.

(6) 4lPrivate metal property" means a catalytic converter that has been removed from avehicle and is offered for sale as an independent item, whether individually or as part of abundle~ bale or in other buU~ form.

(7)(a) u8crap metal business" means a person that is licensed to do business in this stateor another state and that:

(A) Maintains a permallent 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 persoll receives for use in manufacturing other

products; and(iii) OWI1S, 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 f?r the purpose of aggregation and saleto another scrap metal business; or

(C) Does not necessarily maintain a permanent 01' fixed place of business in this statebut engages in the business of purChaSll1.g or receiving nonferrous metal property or privatemetal property for the purpose of aggregation and sale to another scrap metal business.

(b) I'Scrap metal business" does not include a governmental entity that accepts metalproperty fol' recycling.

(S)(a) wfransaction" means a Bale, purchase, receipt or trade of, or a contract, agreementor pledge to sell, purchase, receive or trade, private metal property or nonferrous metalprop€irty that occurs or forms between an individual and a sorap metal bUBiness.

(b) 'Transactionl' does not include:(A) A transfer of metal property made witl10ut consideration; or(B) A sale, purchase, receipt or tTade of, or a contract, agreement or pledge to sell,

purchase t receive or trade, private metal property or nonferrous metal property that occursor 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 busi­

ness.

Enrolled Sen.ate Bm 5'70 (SB 570-B) Page 2

SECTION 2. (1) A person commits the offense of unlawfully altering metal property if theperson, with intent to deceive a scrap metal busine!its as to the ownership or origin of an itemof metal property, lmowingly removes, alters, renders unreadable or invisible or obliteratesa name, logo, model or serial number, personal identification number ..or other mark ormethod that a manufacturer uses to identify the metal property.

(2} A person commits the offense of malting a false statement on a metal property recordif the person: .

(n) Knowingly makes, causes or allows to be made a false entry or misstatement of ma­terial faot in a metal property record described In DRS 165.107; or

(b) Signs a declaration under ORS 165.107 knowing that the nonferrous metal propertyor private metal property that is the subject of a transaction is stolen.

(8) A scrap metal business or all agent or employee of a scrap metal business commitsthe offense of unlawlully purchasing or receiving metal property if the scrap metal businessor agent or employee fails to report any of the following to a law enfol'cement agency within24 hours:

{a) The purchase or receipt of metal property that the person knows or has good reasonto know was the subject of theft.

(b) The purchase or receipt of metal pl'operty that the person knows or reasonably sus­pects has been unlawfully altered as described in subsection (1) of this section.

(0) The purchase or receipt of metallic wire from which insulation has been removed,unless the individual offering the wire for purchase or receipt can prove by appropriatedocumentation that the individ\lS1 owns or is entitled to offer the wire for purchase or re­ceipt and that the insulation has been removed by accident or was done by legitimate meansor for a legitimate purpDse. The scrap metal business shall retain a copy of the documenta­tion provided.

(d) The purchase or receipt of commercial nleta! property from B. persoll other than:(A.) A commercial seller that has a commercial accotu1t with the scrap metal business;

or(B) An individual who can produce written documentatiOl'l or identification that proves

that the individual is an employee, agent or other individual authorized by a commercialseller that has a. commercial acc01.wt with the scrap metal business to deliver commercialmetal l)l'operty for purchase or receipt.

(e) The purchase or receipt of metal property from an individual whom the scrap metalbusiness knows or reasonably suspects:

(A) Is under 16 years of age; or(B) Has, according to written 01'- electronically transmitted information provided by a

peace officer or law enforcement agency, been convicted within the past five years, as aprincipal, agent or accessory of a crim.e involving:

(I) Drugs;(ii) Burglary, robbery or theft;(iii) Pos8ession or receipt of stolen property;(iv) The manufacture, delivery or possession of, with intent to deliver, methamphet­

amine;(v) The manufacture, delivery or posseBsion of, with intent to deliver, ephedrine or a salt,

isomer or salt of an isomer of ephedrine;(vi) The manufacture, delivery or possession. of, with intent to deliver, pseudoephedrine

or a salt, isomer or salt of an isomer of pseudoephedrine; or{vU) Possession of anhydrous ammonia with intent to manufacture methamphetamine,(4) Violation of a provision of subsections (1.) to (3) of this section is a Class A

misdemeanor.SECTION 3. (1) A person commits the offense of unlawfully transporting metal property

if the person transports metal propert.y on a public highway or on premises open to the

Em'aIled SElna\:.'! Bill 570 (SB 570-B) Page 8

public with the intent to deliver the metal property to e scrap metal business and the pel'Bondoes not have a metal transportation certificate in the person/oS possession.

(2) A seller or transferor of metal property that has reason to believe that a buyer ortransferee intends to obtain the metal property for delivery to a scrap m.,etal business shallprovide the buyer or transferee with a metal transportation certificate.

(8) A metal transportation certificate must include:(a) The date the metal property was acquired and the amount and type of metal property

that the person is transporting;(b) The location where the metal property was loaded and the destination of the metal

property;(c) The name, address and telephone 11.umber of the seller or the transferOl'l(d) The signature of the seller or transferor or the authorized agent of the seller or

transferor; and.{e) The name, address and telephone number of the person transporting the metal ProPR

erty.(4) The Department of Stote Police shon create a form that may serve as 0 metal

transportation certificate and shall make the form available on the departmene8 website.(5) It is a defense to a charge of unlawfully transporting metal property that the person

transportillg' the metal property is the owner of the property or an agent or employee of theowner of the property.

(6l Unlawfully transporting metal property is a Closs C misdemeanor.SECTION 4. (1) Not later than two business day. after receiving from a peace officer or

law enforcement ageucy a Bubpoena for il1formation related to a named or speoified individR

ual, vehicle or item of metal property, a scrap metal business shall provide to the peace OfRticer or law enforcement agency a copy of a metal property record created Wider DRS 165.107or a copy of the relevant portion of a commercial account that contains the informationabout the individual, vehicle or item of metal property that is the subject of the subpoena.The scrap metal business shall provide the information in any form or by any method rea·sonably l'equired by the peace offioer or law enforcement agency.

(2) If a scrap luetal business has good cause to believe that metal property that the sorapmetal business purchased or received or possesses or controls was lost by or stolen from themetal property's owner or lawful possessor, the scrap metal busllless shall promptly notifyan appropriate law enforcement agency and shall:

(a) Name the owner ot' lawful possessor of the property, if known; and(b) Disclose the name of the person that delivered the metal property and the date on

which the scrap metal bushless received the metal property.(3) If a peace officer or law enforcement agency notifies a scrap metal business that an

item of metal property in the possession or control of Ule scrap metal business is lost orstolen, the scrap metal business shall:

(a) Segrogate the metal property that is the subject of the notification from other in·ventory kept by the scrap metal business;

(b) Protect the metal property from alteration or damage;(0) Mark, tag or otherwise identify the metal propertYi and(d) Hold the nlctal property for the length of time, not to exceed 10 days, that the peace

officer or law enforcement agency specifies.(4) A peace officer or law enforooment agency nlElY not require a sorap m.etal business

to hold metal property under subsection (3) of this section unless the peace officer or lawenforcement agency reasonably 8uspects that the metal property was lost by or stolen fromthe owner or lawful possessor of the metal property. Within 10 days after notifying a scrapmetal business that an item of metal property may be lost or stolen, the peace officer or lawenforcement agency shall:

Em~l1.d Seno.. Bill 570 (5B 570-B) Page 4

(a> Determine that the met.l properly Is lost or stolen and take appropriate lawful actionto impound or recover the metal property al1d retW'll the metal property to the owner orla.wful possessor; or

(b) Determine that the metal property Is not lost or stolen and notify the scrap metalbusiness that it is not necessary to hold the metal property any longer.

SECTION 5. (]) Except as provided in subsection (2) of this section, 'ections 1 to 4 of thi'2009 Act and ORS 165.107 do not apply to:

(a> A per,on engaged in recycling beverage containers as defined in ORS 459A.700.(b) A person engaged in buying or selling used or empty food containers made of metal(c) A per,on to whom a vehicle dealer certificate has been Is,ued under ORS 822.020.(d) A persoll to whom a dismantler certificate has been issued under ORB 822.110.(e) A person to whom a towing business certificate has been issued under ORB 822.205.(2) A person described in sub'ection (l)(c) to (e> of thi, section shalf comply with and Is

subject to the pertalty provided for violating a provision of ORS 165.107 or ,eotion, 1 to 4 ofthis 2009 Act, if the person purchases, receives or transports:

(a) Private metal property; or(b) Commercial metal property or l\onferrous metal property, that is not a motor vehicle

or a part of a motor vehicle.SECTION 6. ORS 165.107 is amended to read:165,107. [(1) A scrap metal dealer commits th~ offense of failing to maintain a metal purchase re­

cord if the scrap metal dealer knowtngly buys 07' otherwise obtains new, used or s€condha.ndnonfer1'O!/..S metals or alloys thereof u.ithout keeping a record of all such ariides purchased orobtained.]

[(2) The scrap metal dealer pm'chasing or obtaini.ng the metal shall retain, the record required bysubsection (1) of this section for c/. period of not le86 than one year and the scrap metal dealer shallmake the record available to any peace officer on. demand. 1..

[(3) The record req~dl'ed by subsection (1) of this section shall contain;][(a) The. tim.e and date of the transaction a.nd the name of the person conducting the transaction

on behalf of the 'crap metal dealer,][(b) A general description of tM property purchased, in.cluding the type and amOtt1~t and, if readily

discernible, any identifiable marks on the property,)

[(e) A photocopy of a current, vatid driver license, passfMrt or state identification. card of the

"II.", ][(d) The amount of the consideratum given for the metals.][(e) If the trwtllal:tion is valued at more than $100, a declaration, signed by the seller, in substan·

tiall.'Y the following form: "I, the undersigned, hereby declare that the property that is subject to thistransaction is not, to the best of my knowledge, atolen prope/-ty. I understand that this statement ism.ade under penalty of perjury and may be used as evidence in court. '']

[(I) Video surveillan.ce 01' a photograph of the s€ller, Notwithstandi.ng subsection (2) of this section,the images must be retained fol' 30 days from the date of the transactw1t.]

((g) A description of any motor vehicle and its license number used in tlw delivery of theproperty.]

[(4) This section shall not apply to purchases made by or froln a manufacturer, remanufacturer ora distributol' appointed by a mcutufactw'el' of such articles.)

[(5) lIB "sed in this section:][raj IINonferrous l1tetal" includes, but is not limited to, aluminum, stain.less steel, copper, copper

wire, copper cable, brass, electrolytic ni.ckel and zinc. (Wonferrous metal" does not include preciousmetals when actually used in the manufactu1'e, repair, sale or resa.Le of jewelry.]

[(b) 118cra;p metal dealer" means a person engaged in the business of purchasing OT receivingnonferl'or;.s metal property for aggregation cmd sale to a metal proceSS01' or metal recycler.]

[(0) "Seller'" means a person who seils or delivers the pmpel'ty or othel'wise makes the property

available to the scrap metal dealer.]

Enrolled Sena.te Bill 670 (BB 570·B) Page 5

(!) Before completing a transaction j a scrap metal business engaged in business in thisstate shall,

(a) Create a metal property record for the transaction at the time and in the locationwhere the trallBRction occurs. The record must:

(A) B. accurate and written clearly and legibly in EI1glish;(B) Be entered onto a standardized printed form 01' an electronic form that is securely

stored and is capable of ready retrieval and printingj and(C) Contain all of lbe 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

bUSllleSSj

(iv) The name, street address and telephone number of the individual with whom thescrap metal business conducts the transaction;

(v) A description of, and the License number and issuing state shown on the license plateaffixed to, the motor vehicle, if any, used to transport the individual who conducts, or thenonferrous 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 photoidentification belonging to the individual with whom the scrap metal business conducts thetransaction,

(vii) A photograph of, or video surveillance reoording depicting, a recognizable facial im­age of the individual with whom the scrap metal business co-nducts tlte transaction~ and

(viii) A general description of the nonferrous metal property or private metal propertythat eon8titutes the predominant part of the transaction. The description must include anyidentifiable marks on the property, if readily discernible, and must specify the weight,quantity or vohune of the nonferrous metal property or private metal property and indioatethe appropriate classification code from th.e current edition of the Institute of Scrap Recy­cling Industries' Scrap Specifications Circular, or successor publication, for each separatelyclassifiable component of the nonferrous metal property or private nletal property.

{b) Require the individual with whGm the scrap metal business conducts a transactionto sign and date a declaration printed ill conspicuous type, either 011 the record described inthis subsection or 011 a receipt issued to the individual with whom the 8crap metal.. businessconducts the transactioll, that states:

I, , AFFIRM UNDER PENALTY OF LAW THAT TIlE PROPERTYI AM SELLING IN THIS TRANSACTION IS NOT, TO THE BES'!' OF MY KNOWLEDGE,STOLEN PROPERTY.

(c) Require the employee of the scrap metal business who conducts the transaction onbehalf of the scrap metal business to witness the individual sign the declaration, and also tosign and date the declaration in a space provided for that purpose..

(d) For one year following the date of the transaotion, keep a copy of tlle record and thesigned and dated declaration described in this subsection. If the scrap metal business usesR video surveillance reoording as pm't of the record kept in accordance with thi8 subsection,the sorap metal business need not keep the video surveillanoe reoording for on9 year, butshall retain the video surveillance recording for a minimum of 30 days following the date ofthe transaction. The scrap metal business shall at all times keep the copies at the currentplace of business for the scrap metal business.

Enrolled Senate Bill 670 (SB 570-B) Page 6

(2) A scrap metal business engaged in business ill this state may not do any of the fol·lowing:

(a) Purchase or receive kegs or similar metallic containers used to store or dispense al~

coholic beverages, except from a person that manufactures the li:egs or containers or froma person lioenaed by the Oregon Liquor Control Commission under DRS 471.155.

(b) Conduct a transaction with an individual if the individual dees not at the time of thetransaction consent to the creation of the record described in subsection (1) of this 8Bctionand produce for inspection a valid driver license or other government-issued photo identifi~

cation 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 for the amount of the transactionto the street address the individual provided under subsection (1) of this section not earlierthan three business dBYB after the date of the tran6action. The check must be drawn on anaccount that the sc.rap metal business maintains with a financial inStitUtiOll, as defined inDRS 706.006.

(d) Cash a oheok issued in payment for a transaction or release a check issued in pay­ment for a transaction other than as provided in paragraph (c) of this subsection. If a check.is returned as undelivered or undeliverable, the scrap metal bl.1sm.ess shall retain the checkuntil the ul.dividual with whom the scrap m.etal business conducted the transaction providesa valid .treet address for the individual. If after 30 days following the date of the trallBactionthe individual fails to provide a valid street address, the scrap metal business may cancel thecheck and the individual shall forfeit to the scrap metal business the amount due as pay·ment.

(3) Before purchasing or receiving metal property from a commercial seller, a scrapmetal business shall:

(a) Create and maintain a commercial accolmt wi,th the commercial seller. As part of theoommercial account, the sc.rap metal business shall enter accurately, clearly and legibly inEnglish onto a standardized printed form, or an electronic form that is securely stored Budis c.apable of ready retrieval and pril1til1.g1 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 individ\lal the oommercial seller au~

thorizes to deliver metal property to the scrap metal busllless.(b) Record as part of the commercial aCCO\U1t at the time the scrap metal business pur­

chases or receives metal property from a conunercial seller the following informatiom(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;(0) A description of the type of metal property that constitutes the predominant part of

the purchase or receipt; and{D) The Bigl1.ature of th.e individual who delivered the metal property to the scral) 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 busines8~

(5) A scrap metal business shall make alll·ecords and accounts required to be maintaineduuder this section available to lilly peace officer on demand.

(G)(a) A scrap metal {dealer] business that violates a provision of subsections (1) to (8) of thissection shall pa.y a fine of $1,000,

{b) NotWithstanding paragraph (a) of this subsection. a scrap metal Idealer] business that vio­lates a prOVision of subsections (1) to (8) of this section shall pay a fine of $51000 if' the ,scrapmetal [dealer] business has at lea.at three previous convic.tions for violations of a p:r'ovision ofsubsections (1) to (3) of this s,ction,

Enrolled Senate Bill 570 (SB 570-B) Page 7

(7) The definitionB in section 1 of this 2009 Act apply to this Bection.SECTION 7. (1) As used in this section, "displ"Oportionate impact" means that, in a case

of theft In the firBt degree under ORS 164.055 or aggravated theft in the first degree underORB 164.057,

(a) The offender caused damage to property during the commission of the theft and thecost to restore the damaged property to the condition the property was in immediately be­fore the theft is more than three times the value of the property that was the subject of thetheftj or

(b) The theft of the property creates a hazard to public health or safety or the environ­ment.

(2) The Oregon Criminal Justice Commission shall adopt rules that establish dispropor­tionate impact a,g an aggravating factor that a court may consider as a substantial andcompelling reason to impose an upward departure from a presumptive sentence under therules of the commis5ion.

SECTION 8. ORS 133,619 is amended to read:133,619, (1) A warrant authorizing the installation or tracking of a mobile traciting device Bhall

bfl executed as pravided in this section,(2) The officer need not inform a.ny person of the existence or content of the warran.t priOl' to

its ex.ecution.(3) Except as provided in subsection (4) of this section, .,he officer need not deliver or leave a

receipt for things seized or observations made under authority of the warrant.(4) Within five days of the execution of the warrant, or, in the case of an ongoing investigation,

within such additional time as the issuing judge may allow upon application, the officer shall maila receipt for things seized or observations made under authority of the warrant to the following:

(a) If the mobile tracking device has been affixed to a veb.icle~ to the registered ownerj and(b) To such other persons as the cou~t may dired in the warrant.(5) The receipt prOVided for 'in subsection (4) of this section Bhall include the dates and times

during which the officer monitored or attempted to monitor the mobile tracking device.(6) A warrant authoriz'ing the im.tallation or tracldng of a mobile tracking device shall only be

issued based upon the submission of an affidavit or oral statement as: set :orth in DRS 133,545, whichaffidavit or statement demol".I.strates that probable cause exists to believe that an individual is com­mitting or is about to commit a particular felony of murder, kidnapping, arson, robbery or othercrime dangerous to life and pl.mishable as a felony I any crime punishable as a felony arising underORS 475,840 or 475,846 to 475,89tl , \U1lawfully transporting metal pl'operty, allY crime desoribedin section 2 of this 2009 Act, bribery, extortion, burglary or unauthorized use of a motor vehiclepunishable as a felony, or any conspiracy to commit any of the crimes listed in tbis subsection.

SECTION 9, ORS 164,095 is amended to read:164,095. (1) A person commits theft by receiving if the perSOll receives, retains I concealB or

dip-poses of propel'ty of another knowing or having good reasoll to Know that the property was thesubject of theft,

{2} It is a defense to a charge of violating subsection (1) of this !fGction if:(a) The person is a scrap metal business as defined in sectiOll 1 of this 2009 Act or an

agent or employee of a scrap metal bUSllWS8j

(b) The person l'eceives or retains metal property as defined in section 1 of this 2009 Act;on,l

(0) The person lnakes a report in accordance with seotion 2 (3)(a) of this 2009 Act.[(2)] (3) IIRaceiving" means acquiring p088e8sion~ control or title, or le.nding on the security of

the property.SECTION 10. (1) As used in this section, Howllcr" means a person, including a tenant,

lessee, occupant or other perSOll, that possesses an interest in land, including but not limitedto a possession of a fee title.

Enrolled Senate Bm 570 (SB 570-B) Page B

(2) An owner of land is not liable for personal injury, death or property dama.ge thatarises out of:

(a) Theft or attempted theft of metal property as defined In aeotion 1 of this 2009 Aotfrom the owner's landj or

(b) A hazardoua condition that reaults from theft or attempted theft of metal propertyas defined in section 1 of this 2009 Act from the owner's land when the owner did not knowor could not reasonably have lmown of the hazardous condition.

(8) The immunities provided under this section apply to:(a) Publio and private land;(b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or strue­

tures on the ownel,1 s land; and(c) MachinerY' or equipment on the owner's land.(4) This section does not create or impose a duty of care llpon an owner or possessor of

land that would not otherwise exist under common law.SECTION 11. (1) In each county in whioh a acrap metal business, as deftned In section 1

of this 2009 Aot, has a place of business, the district attorney of the county shall, afterCOlIBulting with representatives of the affected law enforcement agencies and the businesscommunity, create a written plan of action that ensures effective communication betweenlaw enforcement and the business commul1ity rega.rding the theft of m.etal property as de·fined in section 1 of this 2009 Act.

(2) The written plan of action must include, but need not be limited to, a procedure forlaw enforoement agencies to llotify scrap metal businesses of a theft of metal propertywithin 24 hours after the receipt of the report of the theft.

(3) The district attorney shall provide a copy of the written plan of action to the looalpublic safety coordinating council described in OM 423.560.

SECTION 12. ORS 423.565 i. ameaded to reed:423.565. In addition to the duties aSBigned to it under ORS 423.660, the local public safety co­

ordinating council convened by the board of commissioners shall, at a minimum:(1) Develop and recommend to the c.ounty board of commissioners the plan for use of state re­

sources to serve the local youth offender populatiouj(2) Coordinate local juvenile justice policy among affected juvenile justice entitiGs~ [and]

(3) In consultation with the local commiRRion on children and families, develop and recommendto the county board of commissioners a. plnll designed to prevent criminal involvement by youth. Theplan must provide fDr coordination of community-wide services involving treatment, education, em­ployment and intervention strategies aimed at c.rime prevention; and

(4) If n written plaIt of adioll has been provided to the council under section 11 of this2009 Aotl aIffiu.a11y review the plan anel, if apPl'"Oprillte, ntake written recommendations to theaffected district attorney for plan improvements,

SECTION 13. ORS 646A.060 is amended to read:648A. 060, (1) A person doing business as a con6ignmellt store I a buy-sell store, a secondhand

store nr a similar store or enterprise that in the regular course of business buys used good-s fremindividuals for the purpose of fssale shall:

(a) ReqUITe that the individual from whom the person ouys the used goods present pro{lf ofidentification; and

(b) Maintain a record of the name and addres8 of the individual, the type of identification pro­vided by the individual, the date and a descl"iption of the goods bought from the 1ndiY'idual.

(2) If the goods described in sub8ectio~ (1) of this section are private metal property or areconstructed of or contain parts made of nonferrous me:.al property as l:that t'erm ia defined in ORB165.107] thOSfl terms are defined in sc>ction 1 of this 2009 Act, in addition to the requirementsof subsection (1) of this section, the pel"SOll shall comply with and is subject to the penaltyprovided for violating a provision of ORS 165.107 or section 2 or 4 of this 2009 Act that is

Enrolled Senate Bill 570 (BB !S70·Bl Page 9

applioable to a sorap metal busineBs aB defined in Bcation 1 of this 2009 Aot. (the record, shollcontain the following:]

[(a) A photo-copy of the identificatwn provided !t7Ulsr subsection (1)(0.) of this sectionj][(b) The amount of consideration given for the goods;]{(c) If the tranBaction is valued at m01'e than $100, a declaration, 8igl~ed by the in.dividual from

whom the person buys the used goodsl in substantia.lly the following form: «1, the undersigned. herebydeclare tha.t the pl'operty that is su.bject to this transaction is not, til the best of my lmowledge, stolenproperty, I understand that this stlttement is made under JMnalty of perjury and may be used as evi­dence in court. U;]

[(d) V~deo BurueUlance 0/- a photograph of the indi"U~dual,' and][(e) A description and the registra.Uon plate number of any motor vehicle used in the delivery of

th. goods.](3)[(a)] The person shall make all records required to be maintai.ned by [subsections (1) and (2))

subsection (1) of this sectiDn available to [law enforcem,ent personnel conducting an in.vestigation]any peace officer on demand.

[(b) The person shall retain the records described in subsection (2) of this section. for a period of'Wt less than olte year. except that the video surveillance ar photograph described in subsection (2)(d)of this section must be retain.ed for 80 days fr-om the date of the transactian.~

(4) This section does not apply to pawnbroke!'s licensed under ORB 726.080.(5) This section doee not preempt, invalidate or in any way affeot the operation of any provision

of a county, city or district ordinance regulating the activities of consignment stores, buy-sell stores,secondhand st.ores Or similar stores or enterprises that in the regular course of business buy usedgoods fr{)m individuals for the purpose of resale.

SECTION 14. DRS 646A.062 is amended to read:646A.062. [(1)] A person that violates DRS 646A.060 (1) commits a Class B viohtion.[(2)(0) A person that violates ORB 646A.060 (2) ,hall pay a fine of $1,000.][(b) Notwithstanding pamgroph (a) of this ,ub,ection,- a person that violat.. ORB 646A.060 (2)

sha.ll pay a fine of $'5) 000 if the person has at least three previous convictions for violations of ORS646A.060 (2).1

SECTION 15. 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, 1E1.505 to 161.585, 161.605, 161.615 to 161.685, 161.705 to 161.737,162.005, 162.015 to 162.085, 162.055 to 162.115, 162.185 to 162.205, 162.225 to 162.875, 162.465 to162.425, 162.465, 168.005, 168.115, 168.125 to 163.145, 163.149, 163.160 to 163.208, 163.215 to 163.257,163.261, 163.263, 168.264, 163.266, 163.215, 163.285, 163.805 to 163.467, 163.432, 163.433, 168.505 to163.575, 163.665 to 163.693, 164.005, 164.015 to 164.135, 164.138, 164.Wl, 164.205 to 164.210, 164.305to 164.371, 164.395 to 164.415, 164.805, 164.886, 165.002 to 165.102, 165.109, 165.805, 166.005 to 166.095,166.350, 166.382, 166.384, 166.660, 161.002 to 167.027, 161.054, 167.057, 167.060 to 167.100, 167.117,167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.346 and 167.350, 167.810 and 167.820 andsections 2 and 8 of this 2009 Act shall be Imown and may be cited as Oregon Criminal Code of1971.

SECTION 16. (1) Sections 1 to 5, 7 and 10 of this 2009 Act and the amendment. to ORS164.095, 165.107, 646A.060 and 646A,062 by sections 6, 9, 13 and 14 of this 2009 Act apply toconduct occurring on or after the effective date of this 2009 Act.

(2) The amendments to ORS 133.619 by seoti.on 8 cf this 2009 Aot apply to warrant appli·cations made on or after the effective date of this 2009 Act.

Enrolled SelUlte Bill 570 (SB 570-B) Page 10

Passed by Senate April 29, 2009

Repassed by Senate JW18 281 .2009

SeCl'etary of Sen!l.te

Preaident of Senate

Passed by House June llt 2009

Spealter of House

Em-oUed Senate Bill 570 (SB 570·B)

Received by Governor:

........................M., , 2009

Approved:

........................M., , 2009

Governor

Filed in Offioe of Secretary of State:

........................M ,." ~009

Secretary of State

Pags. 11

Memorandum Tillamook Police Department

To: District Attorney William Porter, Under Sheriff Terry Huntsman, Chief EdWortman, Chief Eric Harth, Sergeant Todd Hoodenpyl, All Tillamook PoliceMembersFrom: Terry WrightDate: January 29, 2010Re: Senate Bill 570

Senate Bill 570 requires, among other things, that Law Enforcement, within 24hours of taking a report of the theft of metal, shall notify all scrap metalbusinesses in their jurisdiction, of the theft. The information shall include adescription of what was taken. This plan or policy shall be provided to the DistrictAttorney for that Jurisdiction.

Metal Theft Notification Plan/Policy

Definition(s)"Metal property" means commercial metal property, nonferrous metal propertyor private metal property."Nonferrous Metal Property" means an item fabricated or containing partsmade of or in an alloy with copper, brass, aluminum, bronze, led, zinc ornickel. "Nonferrous metal property" does not include gold, silver or platinumthat is used in the manufacture, repair, sale or resale of jewelry."Private Metal property" means a catalytic converter that has been removedfrom a vehicle and is offered for sale as an independent item, whetherindividually or as part of a bundle, bale or in other bulk form."Commercial Metal Property" means an item fabricated or containing partsmade of metal or metal alloys that;

a. Is used as, used in or used as part of:A) A utility access cover of 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 forthe purpose of directing or controlling traffic or providinginformation 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 orornament affixed to or in proximity to a historic site, grave,statue, monument of similar property accessible to membersof the public;

F) An agricultural implement, including an irrigation wheel,sprinkler head or pipe:

G) A forestry implement or structure, including silviculturalequipment, gates, culverts and servicing and maintenance partsor supplies: or

H) A logging operation implement, including mechanical equipment,rigging equipment and servicing and maintenance parts orsupplies;

b. Bears the name of, or a serial or model number, logo or other deviceused by, a commercial seller to identify the commercial seller'sproperty including, but not limited to, implements or equipment usedby railroads and utilities that prOVide telephone, commercial mobileradio, cable television, electricity, water, natural gas or similarservices;

c. Consists of material used in building construction or other commercialconstruction, including:

A) Copper or aluminum pipe, tubing or wiring;B) Aluminum gutters, downpours, siding, decking, bleachers or

risers: orC) Aluminum or stainless steel fence panels made of one-inch

tubing 42 ,inches long, with four-inch gaps: orD) Constitutes wire of a gauge typically used by utilities to

provide electrical or telecommunications service.PolicyWhen ever a report is taken of the theft of metal, as define herein,information shall be disseminated to all scrap metal businesses within thejurisdictional area of the law enforcement agency taking the report. Thisreporting process shall be performed within 24 hours of the time the initialreport is taken.

Notification Process

To send a metal theft notification, open a web browser such as InternetExplorer on any computer with internet access.

1) Go to the web site mai1.tillamookor.gov2) In the Email Box name type: Metal3) In the Password box type: 815-39114) Click Submit5) On the left side of the tool bar click "Compose Mail"6) Click on "To" in front of where you would type an address to send a mail

message7) Check the box in front of "Metal"8) Click on "Add To To"9) In the message box add pertinent information10) Click the "Send" box in the upper left corner.

ThiS will cause you information to be sent to all metal businesses with interest,need or requirement, in Tillamook County. In addition, this information will go toDetective Troy King with Portland Police Bureau who will then send to their metaldealers. In addition, Maria will receive the information by email and will print andput a copy with your report or send to originating agency for their files.

MEMORANDUM

Rockaway Beach Police Department

Date:

To:

CC:

From:

Subject:

12-16-2010

District Attorney William Porter, Under SheriffTerryHuntsman, ChiefEric Harth, All Rockaway Beach PoliceOfficers

David Wiegan, City Manager

Ed Wortman, Chiefof Police

Senate Bill 570 - Metal Theft Reporting

Senate Bill 570 requires, among other things, that Law Enforcement, within 24 hours of taking areport of the theft of metal, shall notify all scrap metal businesses in their jurisdiction, ofthetheft. The information shall include a description of what was taken. This plan or policy shall beprovided to the District Attorney for that Jurisdiction. Rockaway Beach will work in concertwith Tillamook PD and Tillamook County Sheriff to ensure compliant reporting procedures.

Metal Theft Notification PlanlPolicy

Definition(s)"Metal property" means commercial metal property, nonferrous metal property or private metalproperty."Nonferrous Metal Property" means an item fabricated or containing parts made of or in an alloywith copper, brass, aluminum, bronze, led, zinc or nickel. "Nonferrous metal property" does notinclude gold, silver or platinum that is used in the manufacture, repair, sale or resale ofjewelry."Private Metal property" means a catalytic converter that has been removed from a vehicle and isoffered for sale as an independent item, whether individually or as part of a bundle, bale or inother bulk form."Commercial Metal Property" means an item fabricated or containing parts made ofmetal ormetal alloys that;

a. Is used as, used in or used as part of:A) A utility access cover of 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 controllingtraffic 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 ornarnent affixed to or

in proximity to a historic site, grave, statue, monument of similar propertyaccessible to members of the public;

F) An agricultural implement, including an irrigation wheel, sprinkler head orpipe;

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, riggingequipment and servicing and maintenance parts or supplies;

b. Bears the name of, or a serial or model number, logo or other deviceused by, a commercial seller to identify the commercial seller's property including,but not limited to, implements or equipment used by railroads and utilities thatprovide telephone, commercial mobile radio, cable television, electricity, water,natural gas or similar services;

c. Consists of material used in building construction or other commercialconstruction, including: .

A) Copper or aluminum pipe, tubing or wiring;B) Aluminum gutters, downpours, siding, decking, bleachers or risers; orC) Aluminum or stainless steel fence panels made of one-inch tubing 42 inches

long, with four-inch gaps; orD) Constitutes wire ofa gauge typically used by utilities to provide electrical or

telecommunications service.PolicyWhen ever a report is taken of the theft ofmetal, as define herein, information shall bedisseminated to all scrap metal businesses within the jurisdictional area ofthe law enforcementagency taking the report. This reporting process shall be performed within 24 hours ofthe timethe initial report is taken.

Notification Process

To send a metal theft notification, open a web browser such as Internet Explorer on anycomputer with internet access.

1) Go to the web site mail.tillamookor.gov2) In the Email Box name type: Metal3) In the Password box type: 815-39114) Click Submit5) On the left side of the tool bar click "Compose Mail"6) Click on "To" in front of where you would type an address to send a mail message7) Check the box in front of "Metal"8) Click on "Add To To"9) In the message box add pertinent information10) Click the "Send" box in the upper left corner.

This will cause you information to be sent to all metal businesses with interest, need orrequirement, in Tillamook County. In addition, this information will go to Detective Troy Kingwith Portland Police Bureau who will then send to their metal dealers. In addition, Maria willreceive the information by email and will print and put a copy with your report or send tooriginating agency for their files.

Message

William B. Porter

From: Erik Harth [pschief@nehalemtel.net]

Sent: Wednesday, February 17, 2010 3:51 PM

To: William B. Porter

Subject: 8B570

Attachments: Memorandum8B570.doc

Bill,

Page 1 of 1

APP-{hd J'y. D

Chief Wright gave Manzanita PD permission to use the SB570 plan/policy he is using in his department. I willattach it to this email.

If you need something more let me know.

Chief Erik Harth

Manzanita Department of Public Safety165 5th St.PO BOX 129

Manzanita, OR 97130503-368-7229 Office503-368-7441 Fax

eha rth@ci.manzanita.or.us

2117/2010

Memorandum Tillamook Police Department

To: District Attorney William Porter, Under Sheriff Terry Huntsman, Chief EdWortman, Chief Eric Harth, Sergeant Todd Hoodenpyl, All Tillamook PoliceMembersFrom: Terry WrightDate: January 29,2010Re: Senate Bill 570

Senate Bill 570 requires, among other things, that Law Enforcement, within 24hours of taking a report of the theft of metal, shall notify all scrap metalbusinesses in their jurisdiction, of the theft. The information shall include adescription of what was taken. This plan or policy shall be provided to the DistrictAttorney for that Jurisdiction.

Metal Theft Notification Plan/Policy

Definition(s)"Metal property" means commercial metal property, nonferrous metal propertyor private metal property."Nonferrous Metal Property" means an item fabricated or containing partsmade of or in an alloy with copper, brass, aluminum, bronze, led, zinc ornickel. "Nonferrous metal property" does not include gold, silver or platinumthat is used in the manufacture, repair, sale or resale of jewelry."Private Metal property" means a catalytic converter that has been removedfrom a vehicle and is offered for sale as an independent item, whetherindividually or as part of a bundle, bale or in other bulk form."Commercial Metal Property" means an item fabricated or containing partsmade of metal or metal alloys that:

a. Is used as, used in or used as part of:A) A utility access cover of 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 forthe purpose of directing or controlling traffic or providinginformation 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 orornament affixed to or in proximity to a historic site, grave,statue, monument of similar property accessible to membersof the public;

F) An agricultural implement, including an irrigation wheel,sprinkler head or pipe;

G) A forestry implement or structure, including silviculturalequipment, gates, culverts and servicing and maintenance partsor supplies; or

H) A logging operation implement, including mechanical equipment,rigging equipment and servicing and maintenance parts orsupplies;

b. Bears the name of, or a serial or model number, logo or other deviceused by, a commercial seller to identify the commercial seller'sproperty including, but not limited to, implements or equipment usedby railroads and utilities that provide telephone, commercial mobileradio, cable television, electricity, water, natural gas or similarservices;

c. Consists of material used in building construction or other commercialconstruction, including:

A) Copper or aluminum pipe, tubing or wiring;B) Aluminum gutters, downpours, siding, decking, bleachers or

risers; orC) Aluminum or stainless steel fence panels made of one-inch

tubing 42 inches long, with four-inch gaps; orD) Constitutes wire of a gauge typically used by utilities to

provide electrical or telecommunications service.PolicyWhen ever a report is taken of the theft of metal, as define herein,information shall be disseminated to all scrap metal businesses within thejurisdictional area of the law enforcement agency taking the report. Thisreporting process shall be performed within 24 hours of the time the initialreport is taken.

Notification Process

To send a metal theft notification, open a web browser such as InternetExplorer on any computer with internet access.

1) Go to the web sitemail.tillamookor.gov2) In the Email Box name type: Metal3) In the Password box type: 815-39114) Click Submit5) On the left side of the tool bar click "Compose Mail"6) Click on "To" in front of where you would type an address to send a mail

message7) Check the box in front of "Metal"8) Click on "Add To To"9) In the message box add pertinent information10) Click the "Send" box in the upper left corner.

This will cause you information to be sent to all metal businesses with interest,need or requirement, in Tillamook County. In addition, this information will go toDetective Troy King with Portland Police Bureau who will then send to their metaldealers. In addition, Maria will receive the information by email and will print andput a copy with your report or send to originating agency for their files.

Tillamook County Sheriffs OfficeMetal Theft/Notification Plan,

Senate Bill 570 requires, among other things, that Law Enforcement, within 24 hours of takiog areport of the theft ofmetal, shall notify all scrap metal businesses in their jurisdiction and otherlaw enforcement agencies within the county, of the theft.

Defmition(s)

"Metal property" means commercial metal property, nonferrous metal property or private metalproperty."Nonferrous Metal Property" means an item fabricated or containing parts made of or in an alloywith copper, brass, aluminum, bronze, led, zinc or nickel. "Nonferrous metal prope11y" does notinclude gold, silver or platinum that is used in the manufacture, repair, sale or resale of jewelry."Private Metal property" means a catalytic converter that has been removed from a vehicle and isoffered for sale as an independent item, whether individually or as part of a bundle, bale or inother bulk form."Commercial Metal Propel1y" means an item fabricated or containing parts made of metal ormetal alloys that;

a. Is used as, used in or used as part of:A) A utility access cover of a cover for a utility meter;B) A pole, fixtme or component of a street light or traffic light;C) A sign or marker located, with the permission ofa governmental entity,

alongside a street, road or bridge for the purpose of directing or controllingtraffic 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 of similar propertyaccessible to members of the public;

F) An agricultural implement, including an irrigation wheel, sprinkler head orpipe;

0) A forestry implement or structure, including silviculttrral equipmeut, gates,culverts and servicing and maintenance parts or supplies; or

H) A logging operation implement, including mechanical equipment, riggingequipment and servicing and maintenance parts or supplies;

b. Bears the name of, or a serial or model number, logo or other deviceused by, a commercial seller to identify the conunercial seller's property including,but not limited to, implements or equipment used by railroads and utilities thatprovide telephone, commercial mobile radio, cable television, electricity, water,nattlral gas or similar services;

c. Consists of material used in building construction or other commercialconstruction, including:

A) Copper or aluminum pipe, tubing or wiring;B) Aluminum gutters, downpours, siding, decking, bleachers or risers; orC) Aluminum or stainless steel fence panels made of one-inch tubing 42 inches

long, with four-inch gaps; orD) Constitutes wire of a gauge typically )lsed by utilities to provide electrical or

telecommunications service.

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Tillamook County Sheriff's OfficeMetal TheftlNotification Plan

When ever a report is taken of the theft of metal, as defme herein, information shall bedisseminated to all scrap metal businesses within the jurisdictional area of the law enforcementagency taking the report and all other law enforcement agencies within Tillamook County. Thisreporting process shall be performed within 24 hours ofthe time the initial report is taken,

Notification Process

To send a metal theft notification, open a web browser such as Internet Explorer on anycomputer with internet access.

1) Go to the web site mail.tillamookor.gov2) In the Email Box name type: Metal3) In the Password box type: 8]5-39114) Click Submit5) On the left side of the tool bar click "Compose Mail"6) Click on "To" in front of where you would type an address to send a mail message7) Check the box in front of "Metal"8) Click on "Add To "9) In the message box add pertinent information.

a. Date time and location of the metal theftb. Any suspect informationc. Adequate description of the stolen metal property including commodity type, form andweight (if known)d, Value of the stolen metal (if known)e. Any adequate identifiers of stolen metal property

10) Click the "Send" box in the upper left corner.

This will cause you information to be sent to all metal businesses and law enforcement agencieswithin Tillamook County. In addition, this information wUl go to Detective Troy KingwithPortland Police Bureau who will then send to their metal dealers.

Education, Outreach and Training

To educate businesses and the public regarding metal theft and the Sheriffs Metal Theft Plan theSheriff or his designee shall address this plan during local community workshops, chambermeetings, council sessions or business meetings.

Law Enforcement Training

Training for the Tillamook County Sheriff's Office will include a yearly review of this plan withSheriff Office Employees and posting of the plan on the Sheriffs policy and procedure site.

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OSf App.e hd I'Y, F'Todd Hoodenpyl- Fwd: New Metal Theft-Related LawInformation and Transportation Certificate Form Available onOSPWebsite

From:To:Date:Subject:

Calvin CurthsArea Commanders NW Region12/21/2009 3:27 PMFwd: New Metal Theft-Related Law Information and TransportationCertificate Form Available on asp Website

FYI - suggest you print off a few copies of the metal transportation certificates If you have a public lobby area.CC

»> Stephanie Ingraham 12/21/20093:18 PM »>I just wanted to update you all on S8 570.

The web page has gone live to day and can be found when you open the Oregon State Police web site. On theright hand side under "Related Unks" you will find "Metal Transportation Certificate". Once you open the webpage, you will access a summary of the law, a /Ink to the "Metal Transportation Certificate" (which Laurie Waite­Reid, Crime Analyst created) and a link to the entire senate bill.

Per S8 570, all law enforcement will now be required to send out a notice within 24 hours of receiving a reportof a theft of scrap metal to scrap metal businesses. Jill Spackman, Research Analyst and I are In the process ofgenerating a list of those needing to be notified and wlll be working to create a GroupWlse email address for thefield to use to send out their notifications. The list wlll be updated twice a year.

There will be a memo coming out soon providing further clarifICation of the law as well as a training memobefore the first of the year for the field addressing the notification process.

Below Is the media release Lt. Hastings posted today regarding the new laws.

Please let me know if you have any questions.

Thanks,

Stephanie

Stephanie Ingraham, SergeantOregan State Pollee, GHQMajor Crimes Section(503) 93+0163

»> Gregg Hastings 12/21/2009 3:02 PM »>

»> <info@f1ashalert.net> 12/21/093:01 PM »>News Release from: Oregon State Police

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NEW METAL THEFT-RELATED LAW INFORMATION AND TRANSPORTATION CERTIFICATE FORM AVAILABLE ONOSPWEBSITEPosted: December 21st, 20093:00 PM

One of several new laws taking effect January 1, 2010 addresses the continuing metal theft problem thatimpacts communities throughout Oregon. Senate Bill (SB) 570 was passed by the 2009 Oregon legislaturemaking a number of changes and amendments to state statutes, and creating several crimes including onerelated to the transportation of metal property to a scrap metal business.

Under the offense of "Unlawfully Transporting Metal Property", most persons transporting metal property on apublic highway or on a premises open to the public with the intent to deliver to a scrap metal business mustpossess a Metal Transportation certificate.

As part of a requirement of 58 570, Oregon State Police (OSP) was required to create the Metal Transportationcertificate form and make it available on the Department's website at www.oregon.gov/OSP.Alink Is nowavailable through the OSP website "Related Links" section, The accessible form may be printed for completionto have In one's possession when transporting metal property as required.

"Unlawfully Transporting Metal Property" is a Class C misdemeanor punishable by a fine up to $1,250 and / or amaximum of 30 days in Jail.

An Important piece of 58 570 will help law enforcement deliver timely notification to scrap metal businesseswithin 24 hours of the reported theft of scrap metal, OSP Is generating a statewide list of licensed scrap metalbusinesses for notification purposes. Scrap metal businesses wishing to be on the notification list are asked toplease forward their contact information on letterhead either by mail or fax (Induding the business name,address, phone number, fax number and email address) to:

Sergeant Stephanie IngrahamOregon State Police Criminal Investigations Division255 capitol Street4th Floorsalem, Oregon 97310orFax: (503) 363-5475

****FollOWing is the section of Senate Bill 570 covering transportation of metal property:

SEmON 3. (1) A person commits the offense of unlawfully transporting metal propertyif the person transports metal property on a public highway or on premises open to thepUblic with the intent to deliver tile metal property to a scrap metal business and the person does not have ametal transportation certificate In the person's possession.(2) A seller or transferor of metal property tIlat has reason to believe tIlat a buyer ortransferee intends to obtain the metal property for delivery to a scrap metal business shallprovide the buyer or transferee with a metal transportation certifICate,(3) A metal transportation certificate must Include:[a) The date the metal property was acquired and the amount and type of metal propertythat the person is transporting;(b) The location where the metal property was loaded and the destination of the metalproperty;(c) The name, address and telephone number of the seiler or the transferor;(d) The signature of the seller or transferor or the authorized agent of the seller ortransferor; and[e) The name, address and telephone number of the person transporting the metal property.(4) The Department of State Police shall create a fonn that may serve as a metal

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rage.:l or.:l

transportation certificate and shall make the form available on the departmenrs website.(5) It is a defense to a charge of unlawfully transporting metal property that the persontransporting the metal property is the owner of the property or an agent or employee of the owner of theproperty.(6) Unlawfully transporting metal property is a Class C misdemeanor.

Unk to senate Bill 570 - !J1tQ;llwww.oregondec.org/I§Q§latiQI1L2009-0R-SB570.pdf

### www.oregon.gov!OSP###

Contact Info: Sergeant Stephanle IngrahamOregon State PoliceCrIminal Investigations Division(503) 934-0163

Brenda Allen, Deputy District AttorneyMultnomah County District Attorney's Office(503) 618-2242

Karen BlytheConstruction Industry & Crime Prevention(503-618-8871

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