Title 165 · ORS Chapter 165

822.137. �� (c) Require all signatories to the metal property record to declare the accuracy of the information contained in the record by including on the metal property record in conspicuous typ

Citation: ORS 822.137

Section: 822.137

822.137.

�� (c) Require all signatories to the metal property record to declare the accuracy of the information contained in the record by including on the metal property record in conspicuous type, �I AFFIRM BY MY SIGNATURE THAT UNDER PENALTY OF LAW THAT THE INFORMATION I PROVIDED AND REFLECTED ON THIS FORM IS TRUE AND ACCURATE.�

�� (5) A scrap metal business may require an individual from whom the business obtains metal property to provide the individual�s thumbprint to the scrap metal business.

�� (6) A scrap metal business shall make all records and accounts required to be maintained under this section available to any peace officer on demand.

�� (7)(a) Except as otherwise provided in ORS 165.118, violation of this section is a specific fine violation, and the presumptive fine for the violation is $1,000.

�� (b) Notwithstanding paragraph (a) of this subsection, the presumptive fine for a violation of a provision of this section is $5,000 if the scrap metal business has at least three previous convictions for violations of a provision of this section. [Formerly 165.107; 2015 c.240 �2; 2021 c.351 �4; 2021 c.412 �3]

�� 165.118 Metal property offenses. (1) A person commits the offense of unlawfully altering metal property if the person, with intent to deceive a scrap metal business as to the ownership or origin of an item of metal property, knowingly removes, alters, renders unreadable or invisible or obliterates a name, logo, model or serial number, personal identification number or other mark or method that a manufacturer uses to identify the metal property.

�� (2)(a) A person commits the offense of making a false statement on a metal property record if the person:

�� (A) Knowingly makes, causes or allows to be made a false entry or misstatement of material fact in a metal property record described in ORS 165.117; or

�� (B) Signs a declaration under ORS 165.117 knowing that the nonferrous metal property or private metal property that is the subject of a transaction is stolen.

�� (b) As used in this subsection, �material fact� means information required under ORS 165.117 (1)(a)(C) or (4)(b).

�� (3) A person commits the offense of unlawfully purchasing or receiving metal property if the person is a scrap metal business, is an agent or employee of a scrap metal business or engages in the business of purchasing or receiving metal property and the person does any of the following:

�� (a) Conducts a private metal property transaction or purchases or receives private metal property without holding a license required by state law or local ordinance to engage in all applicable business activity.

�� (b) Fails to create a metal property record under ORS 165.117 when purchasing or receiving private metal property or fails to properly maintain metal property records related to private metal property.

�� (c) Purchases or receives private metal property at any place other than a fixed place of business for either the scrap metal business or the commercial seller.

�� (d) Purchases or receives private metal property if the person is not, or is not an agent or employee of, a business enterprise with a fixed place of business.

�� (e) Fails to report any of the following to a law enforcement agency within 24 hours:

�� (A) The purchase or receipt of metal property that the person knows or has good reason to know was the subject of theft.

�� (B) The purchase or receipt of metal property that the person knows or has good reason to know has been unlawfully altered as described in subsection (1) of this section.

�� (C) The purchase or receipt of metallic wire from which insulation has been removed, unless the individual offering the wire for purchase or receipt can prove by appropriate documentation that the individual owns or is entitled to offer the wire for purchase or receipt and that the insulation has been removed by accident or was done by legitimate means or for a legitimate purpose. The scrap metal business shall retain a copy of the documentation provided.

�� (D) The purchase or receipt of commercial metal property that the person knows or has good reason to know was purchased or received from a person other than:

�� (i) A commercial seller that has a commercial account with the scrap metal business; or

�� (ii) An individual who can produce written documentation or identification that proves that the individual is an employee, agent or other individual authorized by a commercial seller that has a commercial account with the scrap metal business to deliver commercial metal property for purchase or receipt.

�� (E) The purchase or receipt of metal property from an individual whom the person knows or has good reason to know is under 16 years of age or has, according to written or electronically transmitted information provided by a peace officer or government agency, been convicted within the past five years, as a principal, agent or accessory of a crime involving:

�� (i) Drugs;

�� (ii) Burglary, robbery or theft;

�� (iii) Possession or receipt of stolen property;

�� (iv) The manufacture, delivery or possession of, with intent to deliver, methamphetamine;

�� (v) The manufacture, delivery or possession of, with intent to deliver, ephedrine or a salt, isomer or salt of an isomer of ephedrine;

�� (vi) The manufacture, delivery or possession of, with intent to deliver, pseudoephedrine or a salt, isomer or salt of an isomer of pseudoephedrine; or

�� (vii) Possession of anhydrous ammonia with intent to manufacture methamphetamine.

�� (4) Violation of a provision of subsections (1) to (3) of this section is a Class A misdemeanor. [2009 c.811 �2; 2010 c.56 �2; 2021 c.412 �4]

�� 165.120 [Repealed by 1971 c.743 �432]

�� 165.122 Compliance with subpoena for information related to metal transaction; lost or stolen metal property. (1) Not later than two business days after receiving from a peace officer or law enforcement agency a subpoena for information related to a named or specified individual, vehicle or item of metal property, a scrap metal business shall provide to the peace officer or law enforcement agency a copy of a metal property record created under ORS 165.117 or a copy of the relevant portion of a commercial account that contains the information about the individual, vehicle or item of metal property that is the subject of the subpoena. The scrap metal business shall provide the information in any form or by any method reasonably required by the peace officer or law enforcement agency.

�� (2) If a scrap metal business knows or has good reason to know that metal property that the scrap metal business purchased or received or possesses or controls was lost by or stolen from the metal property�s owner or lawful possessor, the scrap metal business shall promptly notify an appropriate law enforcement agency and shall:

�� (a) Name the owner or lawful possessor of the property, if known; and

�� (b) Disclose the name of the person that delivered the metal property and the date on which the scrap metal business received the metal property.

�� (3) If a peace officer or law enforcement agency notifies a scrap metal business that an item of metal property in the possession or control of the scrap metal business is lost or stolen, the scrap metal business shall:

�� (a) Segregate the metal property that is the subject of the notification from other inventory kept by the scrap metal business;

�� (b) Protect the metal property from alteration or damage;

�� (c) Mark, tag or otherwise identify the metal property; and

�� (d) Hold the metal property for the length of time, not to exceed 10 days, that the peace officer or law enforcement agency specifies.

�� (4) A peace officer or law enforcement agency may not require a scrap metal business to hold metal property under subsection (3) of this section unless the peace officer or law enforcement agency reasonably suspects that the metal property was lost by or stolen from the owner or lawful possessor of the metal property. Within 10 days after notifying a scrap metal business that an item of metal property may be lost or stolen, the peace officer or law enforcement agency shall:

�� (a) Determine that the metal property is lost or stolen and take appropriate lawful action to impound or recover the metal property and return the metal property to the owner or lawful possessor; or

�� (b) Determine that the metal property is not lost or stolen and notify the scrap metal business that it is not necessary to hold the metal property any longer. [2009 c.811 �4; 2010 c.56 �3]

�� 165.124 Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122. (1) Except as provided in subsection (2) of this section, ORS 164.857, 165.116, 165.117, 165.118 and