1) Understanding SB 570* - Assistance for Scrap Metal Dealer/Buyer’s
2) Understanding SB 570* - Assistance for Scrap Metal Dealer Sellers
The following information is provided to assist businesses involved with scrap metal recycling. This information is not legal advice. The Oregon State Police does not administer the provisions of SB 570. If you have any questions not answered by the following information, please contact an attorney or your local law enforcement agency for further guidance.
From the State of Oregon web site :
Assistance for Scrap Metal Dealer/Buyer’s
The
following information is provided to assist businesses involved with scrap
metal recycling. This information is not
legal advice. The Oregon State Police
does not administer the provisions of SB 570.
If you have any questions not answered by the following information,
please contact an attorney or your local law enforcement agency for further
guidance.
Notice to law
enforcement agencies
The new law requires a business to
notify its local law enforcement agency within 24 hours of the occurrence of:
1.
The purchase or receipt of metal property that the business person has
good reason to know was the subject of theft or has been unlawfully altered
2.
The purchase or receipt of metallic wire from which the insulation has
been removed (unless the seller provides documentation proving that wire is
owned by the seller and the insulation was removed by accident or by legitimate
means or for a legitimate purpose);
3.
The purchase or receipt of metal property from a person other than a
commercial seller, employee, agent or other individual authorized by a
commercial seller who has a commercial account with the scrap metal business;
4.
The purchase or receipt of metal property from someone known or
suspected to be under 16 years of age;
5.
The purchase or receipt of metal property from a person who has been
convicted within the past five years of any crimes referenced within the bill,
related to drugs, theft, robbery, burglary, and/or possession of stolen
property.
It
is recommended you consult your local District Attorney regarding an
alternative plan.
Important facts related to the new law
1. For
purposes of the new law, Monday through Friday are the only days of the week
considered as business days. Weekends including legal holidays are not
considered business days even if the business is open.
2. A
change took effect in 2010 related to recording the description of the
metal. The business can use common
English terms to describe the metal purchased.
The ISRI (Identify Language Institute of Scrap Metal Recycling
Industries) Circular is no longer required.
3. A
Post Office (P.O.) Box address may be used to transmit payment in a metal
property transaction if the P.O. Box is listed on government issued photo
identification, i.e., driver’s license, state-issued identification card, etc.
4. The
business is not required to inspect/review the Metal Transportation Certificate
(MTC). The MTC is designed for law
enforcement inspections while the metal is being transported. The MTC is required for each transport. Although it is not required, it is recommended
for the transporter to retain the MTC for two years.
Frequently
asked questions
Question: What does the phrase “knows or has good reason
to know” mean?
Answer: As it applies to the crime of Unlawfully
Purchasing or Receiving Metal Property, the phrase relates to what a reasonable
person would know based on the totality of the circumstances. For
further clarification it is recommended you contact your local District
Attorney’s Office.
Question: How are scrap metal businesses to determine
if insulation has been removed by burning, melting insulation from metallic
wire?
Answer: Buyers need to be aware of a substantial and
unjustifiable risk that the insulation has been removed. Basically, if a reasonable person would
suspect that the wire had been removed other than from normal business
activity, i.e., contractor or other related business, then appropriate
documentation is required.
Question: Are scrap metal businesses required to notify
police when property owners sell sprinkler-heads or copper pipe?
Answer: Unless the property owner is a commercial
seller with a commercial account, the answer is yes. Sprinkler-heads and copper pipe(s) are
commercial metal property, and businesses are required to report the purchase
of the commercial metal property from an individual who is not associated with
a commercial account.
*March
2010 (Includes HB 3695 changes from 2010 Special Session)
Understanding
SB 570*
Assistance
for Scrap Metal Dealer Sellers
The
following information is provided to assist businesses involved with scrap
metal recycling. This information is not
legal advice. The Oregon State Police
does not administer the provisions of SB 570.
If you have any questions not answered by the following information,
please contact an attorney or your local law enforcement agency for further
guidance.
Document required to transport metal
A Metal
Transportation Certificate (MTC) is required when transporting metal to a scrap
metal business. A form created by the
State Police can be found at: http://www.oregon.gov/OSP/docs/MTC_12212009.pdf
or at the Construction Industry Crime Prevention (CICP) web site: www.cicpp.com. The form is available to download at no
cost.
It is
permissible for the seller to make their own metal transportation certificate
provided the form contains the statutorily required information. A transporter who chooses not to use the
State Police form must create a document containing all of the following
information:
- The
date the metal property was acquired and the amount and type of metal
property that the person is transporting;
- The
location where the metal property was loaded and the destination of the
metal property;
- The
name, address and telephone number of the seller or the transferor;
- The
signature of the seller or transferor or the authorized agent of the seller
or transferor; and
- The
name, address, and telephone number of the person transporting the metal
property.
For
commercial businesses transporting metals, an alternative document such as
a bill of
lading is sufficient.
An MTC is
required to be completed with each transportation (load) and must be in the
transporter’s possession at the time of transport. Although not required, it is recommended to keep the MTC on file for two years.
The law
does not require a scrap metal business to verify the seller has an MTC; the
scrap metal business maintains its own records.
The MTC is designed to protect the owner and to assist police in metal
theft investigations.
Commercial Accounts
Scrap metal
businesses are required to create a
commercial account with a “commercial seller” (as defined in the senate bill) before purchasing or receiving the
metal property.
The main
differences between a commercial seller with a commercial account and a
noncommercial seller are as follows: a
scrap metal business may purchase commercial metal property from a commercial
seller without reporting the sale to a law enforcement agency. A commercial seller is subject to the record
keeping requirements. A scrap metal
business is not limited in the manner in which the business compensates
commercial sellers of metal property.
Non-Commercial Accounts:
All
payments to individuals who are not associated with a commercial account must
be made with a nontransferable check transmitted by mail to the seller. Upon receipt of payment, the individual
receiving the payment may chose to do what they wish with those funds, include
donating the funds to a non-profit organization. The buyer of the scrap metal is not allowed
to send the funds to any person or entity other than the seller.
A Post
Office (P.O.) Box address may be used in a metal property transaction instead
of a physical address provided that the P.O. Box is listed on government issued
photo identification.
Frequently asked questions
Question:
As an owner, could I or one of my employees be cited by police for transporting metal without an MTC in
possession?
Answer:
It is up to the officer’s discretion whether or not to issue a
citation. It is a defense to a charge of
unlawfully transporting metal property if you are the owner, agent of, or an
employee of the owner. As the owner you
may be required to provide proof to the court that the metal belonged to you.
Question:
Do I need an MTC if I plan only to recycle the metal (not sell it)?
Answer:
If you are planning to recycle metal property at a government entity
that accepts metal property for recycling you are not required to carry an
MTC.
Question:
Why should I set up a commercial account?
Answer:
Contractors who collect and sell scrap metals are encouraged to set up a
commercial account with a scrap metal business for their own convenience. It is recommended that the seller provide a
list identifying the sellers’ employees to all of the scrap metal businesses
with whom the seller does business. The
law allows cash payments to commercial sellers, i.e., contractors. However, should the seller prefer payments
made by check, you will need to make that arrangement with the scrap metal
business.
*March 2010
(Includes HB 3695 changes from 2010 Special Session)
While Buyers need to be conscious of a generous and unjustifiable hazard that the isolation has been uprooted. Essentially, if a sensible individual might suspect that the wire had been uprooted other than from standard business of Scrap Metal Recycling in Bunbury Western Australia.
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