822.110. ����� (5) �Electronic funds transfer� has the meaning given that term in ORS 293.525. ����� (6) �Fixed place of business� means a location: ����� (a) Where a business enterprise primarily

822.110.

����� (5) �Electronic funds transfer� has the meaning given that term in ORS 293.525.

����� (6) �Fixed place of business� means a location:

����� (a) Where a business enterprise primarily and regularly conducts the enterprise�s business activity;

����� (b) That includes a commercial building; and

����� (c) That corresponds to the address shown on any licenses required by state law or local ordinance for all applicable business activity conducted at that location.

����� (7) �Law enforcement agency� has the meaning given that term in ORS 131.550.

����� (8) �Metal property� means commercial metal property, nonferrous metal property or private metal property.

����� (9)(a) �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.

����� (b) �Nonferrous metal property� does not include gold, silver or platinum that is used in the manufacture, repair, sale or resale of jewelry.

����� (10) �Nonprofit corporation� means a corporation to which the Secretary of State has issued a certificate of existence or a certificate of authorization under ORS 65.027.

����� (11) �Private metal property� means a catalytic converter or a component of a catalytic converter that has been removed from a vehicle and is offered for sale as an independent item, whether individually or as part of a bundle, bale or in other bulk form.

����� (12)(a) �Scrap metal business� means a person that:

����� (A) Maintains a permanent or fixed place of business at which the person:

����� (i) Engages in the business of purchasing or receiving metal property;

����� (ii) Alters or prepares metal property the person receives for use in manufacturing other products; and

����� (iii) Owns, leases, rents, maintains or uses a device used in metal recycling, including a hydraulic baler, metal shearer or metal shredder;

����� (B) Maintains a permanent or fixed place of business at which the person engages in the business of purchasing or receiving metal property for the purpose of aggregation and sale to another scrap metal business;

����� (C) Does not necessarily maintain a permanent or fixed place of business in this state but engages in the business of purchasing or receiving nonferrous metal property for the purpose of aggregation and sale to another scrap metal business and holds any licenses required by state law or local ordinance for conducting all applicable business activity; or

����� (D) Engages in the business of purchasing or receiving private metal property at a fixed place of business and holds any licenses required by state law or local ordinance for all applicable business activity.

����� (b) �Scrap metal business� does not include a governmental entity that accepts metal property for recycling.

����� (13) �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.

����� (14)(a) �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.

����� (b) �Transaction� does not include:

����� (A) A transfer of metal property made without consideration; or

����� (B) 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:

����� (i) A commercial seller or an authorized employee or agent of the commercial seller; and

����� (ii) A scrap metal business or an authorized employee or agent of the scrap metal business. [2009 c.811 �1; 2010 c.56 �1; 2011 c.450 �2; 2015 c.240 �1; 2021 c.412 �2]

����� 165.117 Metal property transaction records; prohibited conduct; commercial sellers; penalties. (1) Before completing a transaction, a scrap metal business engaged in business in this state shall:

����� (a) Create a metal property record for the transaction at the time and in the location where the transaction occurs. The record must:

����� (A) Be accurate and written clearly and legibly in English;

����� (B) Be entered onto a standardized printed form or an electronic form that is securely stored and is capable of ready retrieval and printing; and

����� (C) Contain all of the following information:

����� (i) The signature of the individual with whom the scrap metal business conducts the transaction.

����� (ii) The time, date, location and monetary amount or other value of the transaction.

����� (iii) The name of the employee who conducts the transaction on behalf of the scrap metal business.

����� (iv) The name and telephone number of the individual with whom the scrap metal business conducts the transaction and a street address or, if a post office box is listed on the government-issued photo identification described in sub-subparagraph (vi) of this subparagraph, a post office box, to which the scrap metal business will mail payment to the individual.

����� (v) The make, model year and the license plate number and state of issue of the motor vehicle or motor vehicles, if any, used to transport the individual who conducts the transaction and to transport the nonferrous metal property or private metal property that is the subject of the transaction.

����� (vi) A photocopy of a current, valid driver license or other government-issued photo identification belonging to the individual with whom the scrap metal business conducts the transaction.

����� (vii) A photograph of, or video surveillance recording depicting, a recognizable facial image of the individual with whom the scrap metal business conducts the transaction.

����� (viii) A general description of the nonferrous metal property that constitutes the predominant part of the transaction and a specific description of private metal property, if any, included in the transaction. The description must include any identifiable marks on the property, if readily discernible, and must specify the weight, quantity or volume of the nonferrous metal property or private metal property.

����� (ix) For private metal property, the vehicle identification number and a copy of the title or vehicle registration for the vehicle from which the private metal property was removed.

����� (b) Require the individual with whom the scrap metal business conducts a transaction to sign and date a declaration printed in conspicuous type, either on the record described in this subsection or on a receipt issued to the individual with whom the scrap metal business conducts the transaction, that states:

______________________________________________________________________________

I, _______________, AFFIRM UNDER PENALTY OF LAW THAT THE PROPERTY I AM SELLING IN THIS TRANSACTION IS NOT, TO THE BEST OF MY KNOWLEDGE, STOLEN PROPERTY.

______________________________________________________________________________

����� (c) Require the employee of the scrap metal business who conducts the transaction on behalf of the scrap metal business to witness the individual sign the declaration, and also to sign and date the declaration in a space provided for that purpose.

����� (d) For one year following the date of the transaction, keep a copy of the record and the signed and dated declaration described in this subsection. If the scrap metal business uses a video surveillance recording as part of the record kept in accordance with this subsection, the scrap metal business need not keep the video surveillance recording for one year, but shall retain the video surveillance recording for a minimum of 30 days following the date of the transaction. The scrap metal business shall at all times keep the copies at the current place of business for the scrap metal business.

����� (2) A scrap metal business engaged in business in this state may not do any of the following:

����� (a) Purchase or receive kegs or similar metallic containers used to store or dispense alcoholic beverages, except from a person that manufactures the kegs or containers or from a person licensed by the Oregon Liquor and Cannabis Commission under ORS