ORS 165.117 — Metal property transaction records; prohibited conduct; commercial sellers; penalties

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 471.155. (b) Conduct a transaction with an individual if the individual does not at the time of the transaction consent to the creation of the record described in subsection (1) of this section and produce for inspection a valid driver license or other valid government-issued photo identification that belongs to the individual. (c) Conduct a transaction with an individual in which the scrap metal business pays the individual other than by electronic funds transfer, stored value card or stored value device, or by mailing a nontransferable check, made payable to the individual, for the amount of the transaction to the street address or post office box the individual provided under subsection (1)(a)(C)(iv) of this section. Payment must be made not earlier than three business days after the date of the transaction. The check, electronic funds transfer or stored value device must be drawn on or must draw from an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008. A stored value card may be issued by a money transmission business licensed under ORS 717.200 to 717.320 or exempt from the licensing requirement under ORS 717.210. (d) Purchase metal property from a nonprofit corporation other than by electronic funds transfer, stored value card or stored value device, or by mailing a nontransferable check, made payable to the nonprofit corporation, for the amount of the purchase price to the business address provided under subsection (4)(a)(B) of this section. Payment must be made not earlier than three business days after the date of the purchase. The check, electronic funds transfer or stored value device must be drawn on or must draw from an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008. A stored value card may be issued by a money transmission business licensed under ORS 717.200 to 717.320 or exempt from the licensing requirement under ORS 717.210. (e) Purchase private metal property from a commercial seller other than by electronic funds transfer, credit card, debit card, stored value card or stored value device or by mailing a nontransferable check, made payable to the commercial seller, for the amount of the purchase price to the business address provided under subsection (4)(a)(B) of this section. Except for an electronic funds transfer, credit card transaction or debit card transaction which can be immediate, payment must be made not earlier than three business days after the date of the purchase. The check, electronic funds transfer, credit card, debit card or stored value device must be drawn on or must draw from an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008. A stored value card may be issued by a money transmission business licensed under ORS 717.200 to 717.320 or exempt from the licensing requirement under ORS 717.210. (f) Cash or release a check issued in payment for a transaction or for a purchase described in paragraph (c), (d) or (e) of this subsection other than as provided in this paragraph or paragraph (c), (d) or (e) of this subsection. If a check is not delivered to the intended recipient within 10 days of the date of the transaction or the purchase, the scrap metal business may release the check directly to the individual or commercial seller with the written approval of a law enforcement agency having jurisdiction over the scrap metal business. If a check is returned as undelivered or undeliverable, the scrap metal business shall: (A) Release the check directly to the individual or commercial seller with the written approval of a law enforcement agency having jurisdiction over the scrap metal business; or (B) Retain the check until the individual or commercial seller to which the check was mailed provides a valid address in accordance with subsection (1)(a)(C)(iv) or (4)(a)(B) of this section. If after 30 days following the date of the transaction or the purchase described in paragraph (c), (d) or (e) of this subsection the individual or commercial seller fails to provide a valid address, the scrap metal business may cancel the check and the individual or commercial seller shall forfeit to the scrap metal business the amount due as payment. (g) Purchase or receive private metal property, except from: (A) A commercial seller; or (B) An individual who is the owner of the vehicle from which the private metal property was removed and who provides the information required under subsection (1)(a)(C) of this section. (3) If a scrap metal business obtains the approval of a law enforcement agency under subsection (2)(f) of this section, the scrap metal business shall retain the written approval for one year following the date the approval is received. (4) Before purchasing or receiving metal property from a commercial seller, a scrap metal business shall: (a) Create and maintain a commercial account with the commercial seller. As part of the commercial account, the scrap metal business shall enter accurately, clearly and legibly in English onto a standardized printed form, or an electronic form that is securely stored and is capable of ready retrieval and printing, the following information: (A) The full name of the commercial seller; (B) The business address and telephone number of the commercial seller; and (C) The full name of each employee, agent or other individual the commercial seller authorizes to receive payment for metal property from the scrap metal business. (b) Create a metal property record as part of the commercial account at the time and in the location that the scrap metal business purchases or receives metal property from a commercial seller that contains the following information: (A) The time, date and location at which the scrap metal business purchased or received the metal property; (B) The printed name and signature or electronic signature of the employee who conducted the purchase or receipt on behalf of the scrap metal business; (C) The printed name and signature or electronic signature of the individual or individuals who conducted the purchase or receipt of the metal property on behalf of the commercial seller and of the individual or individuals who delivered the metal property on behalf of the commercial seller to the scrap metal business, if different; (D) A photocopy of a valid driver license or other valid government-issued photo identification belonging to the individual or individuals who conducted the purchase or receipt of the metal property on behalf of the commercial seller and of the individual or individuals who delivered the metal property on behalf of the commercial seller to the scrap metal business, if different; (E) The monetary amount or other value of the metal property; (F) A description of the type of metal property that constitutes the predominant part of the purchase or receipt; (G) For private metal property sold or transferred by a commercial seller other than a dismantler, the following information for the vehicle from which the private metal property was removed: (i) The make, model year, vehicle identification number and, if available, the license plate number and issuing state shown on the license plate; and (ii) The date that the commercial seller removed the private metal property; and (H) For private metal property sold or transferred by a dismantler, the stock or yard number or numbers assigned to the private metal property by the dismantler under ORS 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]