Item 3: Approval of Non-Unanimous IGR Actions

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ESQUIVEL, FREEMAN, GALIZIO, GARRARD, GARRETT, GELSER, GILLIAM, URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0570.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation EPD-ADM Ellwood Cushman C. Tilby 5/12/2009 Pri 1 Yes V.C12 Support We strongly support this bill, but would recommend that certain items be clarified through Comments: amendment. (In some cases, these issues could be resolved by specific documentation of legislative intent.) * Section 4(1) states that a scrap metal business must provide information requested by a law enforcement agency via a subpoena within 2 days. Section 6(5) requires that "a scrap metal business shall make all records and accounts required to be maintained under this section available to any peace officer on demand." It appears that these two sections may be in conflict, and a resolution may be needed. In any case, we strongly believe that officers need to be able to review records upon demand, at a reasonable time, rather than requiring a subpoena. In order to obtain a subpoena, an officer must have specific information, such as a specific person or item involved. Sometimes, to determine whether metal theft is occurring, officers must look at patterns of sales, in an attempt to determine who may be involved in multiple sales of suspicious items. In many cases, the information would not be specific enough to obtain a subpoena. Thus, we urge that this apparent conflict in these sections be corrected by retaining the language in Section 6(5) of the bill. * Section 2(3)(c) restricts this provision to wire from which insulation has been removed "by burning." Although this is a common method of removing insulation, we would urge that this section be applied to wire from which insulation (and, thus, a greater ability to identify the wire) has been removed by any means, requiring that the person in such a case prove that s/he is entitled to sell the wire. * It should be clarified that Section 2(1) is violated by removal of any wire covering which may aid in identifying the type of wire (by lettering, color, or other means). * It should be clarified that this legislation does not pre-empt local jurisdictions from enacting laws and ordinances which do not conflict with the bill. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PW-ADM 4/30/2009 Eric Jones Eric Jones Comments:Defer to Tom Larsen and Elwood Cushman for analysis of the changes in this version of the metal theft bill. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PWM Tom Larsen Tom Larsen 5/1/2009 Pri 1 Yes V.C12 Support 16