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New Metal Theft Law Information and Transportation Certificate Form on OSP Website
12/21/2009
Sergeant Stephanie Ingraham
Oregon State Police
Criminal Investigations Division
(503) 934-0163
 
Brenda Allen, Deputy District Attorney
Multnomah County District Attorney's Office
(503) 618-2242
 
Karen Blythe
Construction Industry & Crime Prevention
(503) 618-8871

One of several new laws taking effect January 1, 2010 addresses the continuing metal theft problem that impacts communities throughout Oregon. Senate Bill (SB) 570 was passed by the 2009 Oregon Legislature making a number of changes and amendments to state statutes, and creating several crimes including one related 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 a public highway or on a premises open to the public with the intent to deliver to a scrap metal business must possess a Metal Transportation Certificate.
 
As part of a requirement of SB 570, Oregon State Police (OSP) was required to create the Metal Transportation Certificate form and make it available on the Department's website.  A link is now available though our website "Related Links" section.  The accessible form may be printed for completion to 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 a maximum of 30 days in jail.
 
An important piece of SB 570 will help law enforcement deliver timely notification to scrap metal businesses within 24 hours of the reported theft of scrap metal. OSP is generating a statewide list of licensed scrap metal businesses for notification purposes. Scrap metal businesses wishing to be on the notification list are asked to please forward their contact information on letterhead either by mail or fax (including the business name, address, phone number, fax number and email address) to:
 
Sergeant Stephanie Ingraham
Oregon State Police Criminal Investigations Division
255 Capitol Street
4th Floor
Salem, Oregon 97310
or
Fax: (503) 363-5475
 
****
 
Following is the section of Senate Bill 570 covering transportation of metal property:
 
SECTION 3. (1) A person commits the offense of unlawfully transporting metal property
if the person transports metal property on a public highway or on premises open to the
public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the person's possession.
(2) A seller or transferor of metal property that has reason to believe that a buyer or
transferee intends to obtain the metal property for delivery to a scrap metal business shall
provide 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 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 number of the seller or the transferor;
(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 property.
(4) The Department of State Police shall create a form that may serve as a metal
transportation certificate and shall make the form available on the department's website.
(5) It is a defense to a charge of unlawfully transporting metal property that the person
transporting the metal property is the owner of the property or an agent or employee of the owner of the property.
(6) Unlawfully transporting metal property is a Class C misdemeanor.