Please Note: Amendments by 2015 Oregon SB 693, effective January 1, 2016, are included and noted in this summary.
"Metal Property" means Commercial, Nonferrous, or Private Metal Property.
"Nonferrous Metal Property" means an item fabricated or containing parts made of or in an alloy with copper, brass, aluminum, bronze, lead, zinc or nickel; but does not include gold, silver or platinum that is used in the manufacture, repair, sale or resale of jewelry.
"Private Metal Property" means a catalytic converter removed from a vehicle and offered for sale as an independent item, whether individually or in bulk form.
"Commercial Metal Property" means an item fabricated or containing parts made of metal or metal alloys that:
Is used as, used in or used as part of
Consists of material used in building or other commercial construction, including:
Metallic wire which has had insulation removed is subject to additional recordkeeping or reporting requirements.
Beer kegs are subject to additional purchase restrictions.
"Commercial Seller" means a business entity, as defined in Section 60.470, nonprofit corporation or governmental entity that regularly or periodically sells or delivers metal property to a Scrap Metal Business as part of the entity’s business functions.
"Scrap Metal Business" means a person that:
Maintains a permanent or fixed place of business at which the person engages in the business of purchasing or receiving Metal Property for:
"Scrap Metal Business" does not include a governmental entity that accepts Metal Property for recycling.
(Added by SB 693) "Electronic Funds Transfer", as defined in Section 293.525, means the movement of funds by nonpaper means, usually through a payment system including, but not limited to, an automated clearinghouse or the Federal Reserve’s Fedwire system.
(Added by SB 693) "Stored Value Device" means a debit card or other device that draws funds from an account owned or operated by the user and that allows the user to obtain something of value from a merchant.
"Transaction" means a sale, purchase, receipt or trade of, or a contract, agreement or pledge to sell, purchase, receive or trade, Private Metal Property or Nonferrous Metal Property that occurs or forms between an individual and a Scrap Metal Business.
The law exempts the following persons:
The Recordkeeping - Individual Seller provision exempts:
The Recordkeeping - Individual Seller and Recordkeeping - Commercial Account provisions exempt a sale, purchase, receipt, or trade, contract, agreement, or pledge between Scrap Metal Businesses.
A Scrap Metal Business must create a written or electronic record of purchases, receipts, or trades of Private Metal Property or Nonferrous Metal Property with an individual Seller. The transaction record must be made on a standardized form in English at the time and in the location where the transaction occurs, with the following information:
A Scrap Metal Business only purchase or receive Commercial Metal Property from a Commercial Seller with a Commercial Account or their authorized employee or agent.
A Scrap Metal Business must create and maintain a Commercial Account before purchasing or receiving Metal Property from a Commercial Seller, with the following information entered clearly and legibly in English onto a standardized printed or electronic form:
For each purchase or receipt of Metal Property from a Commercial Seller, the following:
For purchases or receipts of metallic wire which has had insulation removed, a Scrap Metal Business must either:
Records must be kept at all times at the current place of business for 1 year following the transaction date, except that video recordings need only be retained for at least 30 days.
The required records and accounts must be made available to any peace officer on demand.
A Scrap Metal Business must report the purchase or receipt of any of the following to a law enforcement agency within 24 hours:
Metal Property from an individual the person knows or has good reason to know:
For Metal Property the Scrap Metal Business possesses and knows or has good reason to know was lost by or stolen from the lawful possessor, the Scrap Metal Business must promptly report the name of the lawful possessor, if known; the name of the person that delivered the Metal Property; and the date the property was received.
Within 2 business days after receiving a subpoena from a peace officer or law enforcement agency for information related to a specified individual, vehicle, or Metal Property, a Scrap Metal Business must provide a copy of the relevant record or relevant part of a Commercial Account record with the related information, by any form or method reasonably required.
A Scrap Metal Business may not purchase or receive kegs or similar metallic containers used to store or dispense alcoholic beverages except from a person that manufacturers such or from a person licensed by the Oregon Liquor Control Commission under Section 471.155.
(SB 693 adds options of electronic funds transfer or stored value card; new text is italicized) No cash payments to a Seller that is an individual or a Commercial Seller that is a nonprofit corporation. Payment must be made by electronic funds transfer, stored value card or stored value device, or by mailing a nontransferable check for the purchase price. Payment must be made not earlier than 3 business days after the transaction date. The check, electronic funds transfer or stored value device must draw on or from an account the Scrap Metal Business maintains with a financial institution. A stored value card may be issued by a money transmission business licensed under Section 717.200 to Section 717.320 or exempt under Section 717.210.
A Scrap Metal Business may not cash a payment check. A Business may only release a check directly to the Seller if the Business has the written approval of a law enforcement agency with jurisdiction over the business and the check was either not delivered in 10 days or was returned as undelivered or undeliverable; such approval must be retained for 1 year. Alternately, the Business may retain a check returned as undelivered or undeliverable until the Seller provides a valid address; if the Seller has not done so within 30 days of the transaction, the Business may cancel the check and the Seller shall forfeit the payment.
A peace officer or law enforcement agency that reasonably suspects Metal Property was lost or stolen may notify a Scrap Metal Business to segregate, protect, and tag and hold the property for up to 10 days. Within 10 days the officer or agency must either determine the property was lost or stolen and lawfully impound or recover the property and return it to the owner, or notify the Business that the hold is no longer necessary.
The District Attorney of each county with a Scrap Metal Business location shall create a written plan of action for effective communication between law enforcement and the business community after consulting with the affected law enforcement agencies and the business community. The plan must include a procedure for agencies to notify Scrap Metal Businesses of a Theft of Metal Property within 24 hours of the theft being reported. The local public safety coordinating council shall receive a copy of the plan from the DA.
A Seller or transferor of Metal Property that believes the buyer or transferee intends to deliver the property to a Scrap Metal Business shall provide the buyer or transferee with a metal transportation certificate. The State Police shall create a certificate form and make it available on their website. The Metal Transportation certificate must include the following:
A person commits the offense of Unlawfully Transporting Metal Property (Section 164.857) if they transport 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 their possession
Violation of the law is a specific fine violation with a presumptive fine of $1,000; or for a Scrap Metal Business with a 4th or subsequent offense, a presumptive fine of $5,000.
The following are crimes punishable as a class A misdemeanor:
It is a defense to a charge of Theft by Receiving (Section 164.095) if a Scrap Metal Business makes the report required for property the person knows or has good reason to know is stolen.
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This summary of State Metals Theft Laws is being viewed on this website under license and is owned and copyrighted by Institute of Scrap Recycling Industries, Inc. ("ISRI"),1615 L Street, N.W., Suite 600, Washington, DC 20036.