ORS 165.116 — Definitions for ORS 165.116 to 165.124

165.116 Definitions for ORS 165.116 to 165.124. As used in ORS 165.116 to 165.124: (1) “Commercial account” means an agreement or arrangement between a commercial seller and a scrap metal business for regularly or periodically selling, delivering, purchasing or receiving metal property. (2) “Commercial metal property” means an item fabricated or containing parts made of metal or metal alloys that: (a) Is used as, used in or used as part of: (A) A utility access cover or a cover for a utility meter; (B) A pole, fixture or component of a street light or traffic light; (C) A sign or marker located, with the permission of a governmental entity, alongside a street, road or bridge for the purpose of directing or controlling traffic or providing information to motorists; (D) A traffic safety device, including a guardrail for a highway, road or bridge; (E) A vase, plaque, marker, tablet, plate or other sign or ornament affixed to or in proximity to a historic site, grave, statue, monument or similar property accessible to members of the public; (F) An agricultural implement, including an irrigation wheel, sprinkler head or pipe; (G) A forestry implement or structure, including silvicultural equipment, gates, culverts and servicing and maintenance parts or supplies; or (H) A logging operation implement, including mechanical equipment, rigging equipment and servicing and maintenance parts or supplies; (b) Bears the name of, or a serial or model number, logo or other device used by, a commercial seller to identify the commercial seller’s property including, but not limited to, implements or equipment used by railroads and utilities that provide telephone, commercial mobile radio, cable television, electricity, water, natural gas or similar services; (c) Consists of material used in building construction or other commercial construction, including: (A) Copper or aluminum pipe, tubing or wiring; (B) Aluminum gutters, downspouts, siding, decking, bleachers or risers; or (C) Aluminum or stainless steel fence panels made of one-inch tubing 42 inches long, with four-inch gaps; or (d) Constitutes wire of a gauge typically used by utilities to provide electrical or telecommunications service. (3) “Commercial seller” means: (a) A business entity, as defined in ORS 60.470, business enterprise with a fixed place of business, 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; or (b) A person with a court order authorizing the possession and sale of particular metal property. (4) “Dismantler” means the holder of a valid, current dismantler certificate issued under ORS 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]