REPORTING OF REGULATED PROPERTY TRANSACTIONS
Administrative Rule Adopted by Revenue Bureau - License & Tax Division Pursuant to Rule-Making Authority
A. If paper forms are approved for use by the Portland Police Bureau, the Bureau will provide all Dealers with transaction reports at cost. The Chief of Police may specify the size, shape and color of the transaction report. The Chief of Police may require the transaction reports to include any information relating to the regulations of this Chapter. Dealers may utilize their own forms, in lieu of those supplied by the Police Bureau, if the Chief of Police has approved such forms. The Declaration of Proof of Ownership is considered to be included in references in this Chapter to the transaction reports, as appropriate.
B. When receiving regulated property, the Dealer must obtain acceptable identification from the seller. The Dealer must verify that the photograph is a photograph of the seller. The Dealer must record the seller's current residential address and thumbprint on the transaction report and have the seller complete the Declaration of Proof of Ownership. Pawnbroker loan transactions are exempt from the requirements regarding copying acceptable identification, obtaining a thumbprint and completion of the Declaration of Proof of Ownership until an electronic reporting system is implemented by the Portland Police Bureau or June 30, 2008, whichever comes first. If unable to comply before the deadline, a pawnbroker must submit a written request for additional time to the Chief of Police before the deadline.
1. At the time of the transaction, the Dealer must write on the transaction report a complete, legible and accurate description of the regulated property of sufficient detail to distinguish like objects one from the other. If an item is new, the Dealer must include the word “new” in the property description.
a. The Dealer must complete the transaction report in its entirety and the individual completing the report must initial it.
b. Transaction reports must be completed in legible printed English.
c. The seller must legibly complete the Declaration of Proof of Ownership. The seller must, at the time of the transaction, certify in writing that the seller has the legal right to pledge or sell the property that is the subject of the transaction and is competent to do so, and that the property is not rented or leased. The employee must place the print (identifiable) of the seller's right thumb (left if right unavailable) in the thumbprint box on the Declaration of Proof of Ownership. Thumbprints and the information on the Declaration of Proof of Ownership may be produced using a digital format with prior approval of the process from the Chief of Police.
d. A Dealer may provide a description of any motor vehicle (including license number) identified as used in the delivery of regulated property and record the description and license number next to the seller's thumbprint.
2. Transaction reports are designed to assist in the investigation of the theft of property. Therefore, additional reporting for Dealers includes unregulated property that is identifiable with markings indicating apparent ownership. Any such items will not count towards the 50 items per year regulated property purchase limitations for Occasional Secondhand Dealers.
3. Dealers must take either a photograph or still video of each person selling or loaning on an item of regulated property or make a copy of the acceptable identification presented by the seller. All information on the copy must be legible and may be made by photostatic copying, computerized scanning or any other photographic, electronic, digital or other process that preserves and retains an image of the document, and which can be subsequently produced or reproduced for viewing of the image. If a photograph is taken, a print of the photograph must be referenced to the transaction report number. A video photograph (still) must be referenced by time and date and transaction report number to correspond to the regulated property accepted. Copied identification must be kept with the transaction report or shall be referenced to the transaction report number. The photograph or videotape or copied identification must be kept by the Dealer for one year and must be provided to the Portland Police Bureau or the Revenue Bureau upon request.
Dealers must mail or deliver to the Chief of Police at the close of each business day the original of all transaction reports describing articles received during that business day. When the completed transaction report shows the seller to live outside the City of Portland
, the Portland Police Bureau may send a copy of the transaction report to the police agency having jurisdiction where the seller resides.
D. Dealers must retain at their business location a copy of all completed and voided transaction reports for a period of not less than one year from the date of purchase. Any unused transaction reports must be available for inspection by the Portland Police Bureau or the Revenue Bureau.
E. The Portland Police Bureau will destroy transaction reports and the Declaration of Proof of Ownership forms (including thumbprints) immediately after the statute of limitations for the suspected crime(s) has expired unless the report is needed as evidence in a pending criminal prosecution. Thumbprints that are part of a transaction report may only be used by the Portland Police Bureau to identify a suspect or to confirm or deny the identity of a suspect in a criminal case and in the subsequent prosecution of a criminal defendant.
Adopted by Director of Revenue Bureau as Administrative Rule 080.07-1 October 25, 2007.
Rule renumbered by Auditor's Office and filed in PPD October 26, 2007.