Bill Text: OR HB4108 | 2012 | Regular Session | Enrolled
Bill Title: Relating to precious material secondhand dealing.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2012-04-11 - Chapter 99, (2012 Laws): Effective date January 1, 2013. [HB4108 Detail]
Download: Oregon-2012-HB4108-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4108
Sponsored by Representative NATHANSON; Representatives BARKER,
BARNHART, BUCKLEY, FREDERICK, GARRETT, KENY-GUYER, OLSON, READ,
J SMITH, TOMEI (Presession filed.)
CHAPTER ................
AN ACT
Relating to precious material secondhand dealing.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 4 of this 2012 Act:
(1) 'Item of precious metal' means an item that consists of or
incorporates gold in eight karat or greater purity, silver,
platinum or palladium. 'Item of precious metal' does not include
dental gold, unrefined metal ore, an electronic product, any part
of a mechanical system on a motor vehicle, gold or silver coins
or bullion in any form.
(2) 'Precious metal secondhand dealer':
(a) Means a person engaged in precious metal secondhand
dealing; and
(b) Does not include:
(A) A pawnbroker licensed under ORS chapter 726 who engages
exclusively in pledge loans, as defined in ORS 726.010;
(B) A manufacturer of items of precious metal;
(C) A person engaged in commercial or industrial scrap metal
recycling operations;
(D) A person primarily engaged in business through the
Internet;
(E) A motor vehicle dealer holding a certificate issued under
ORS 822.020 or a motor vehicle dismantler holding a certificate
issued under ORS 822.110; or
(F) A person primarily engaged in purchasing for resale newly
manufactured items of precious metal. For purposes of this
subparagraph, a person is primarily engaged in purchasing newly
manufactured items of precious metal if the person's inventory of
items of precious metal for resale consists exclusively of:
(i) Newly manufactured items of precious metal acquired from a
manufacturer; or
(ii) Items described in sub-subparagraph (i) of this
subparagraph and used items of precious metal acquired for
trade-in value as part of retail sales of newly manufactured
items of precious metal by the person.
(3) 'Precious metal secondhand dealing' means soliciting,
receiving, purchasing, trading or accepting delivery of items of
precious metal from individuals in return for money or other
consideration.
(4) 'Seller' means the other party to a transaction with a
precious metal secondhand dealer.
Enrolled House Bill 4108 (HB 4108-A) Page 1
(5) 'Temporary precious metal secondhand dealer' means a
precious metal secondhand dealer who conducts operations at one
or more locations in this state for no more than five consecutive
days at any one location.
(6) 'Transaction':
(a) Means a purchase, consignment, bailment, barter or trade of
one or more items of precious metal by a precious metal
secondhand dealer from an individual who is not engaged in the
business of selling newly manufactured items of precious metal.
(b) Does not include:
(A) Gifts or other transfers of property unsupported by
consideration; or
(B) Business-to-business purchases or other transfers. + }
SECTION 2. { + (1) A precious metal secondhand dealer in this
state shall maintain the following records with respect to each
transaction conducted by the dealer:
(a) The full name, date of birth, current telephone number,
current address and signature of the seller;
(b) The type and identification number of a currently valid
government-issued photo identification that has been issued to
the seller;
(c) A physical description of the seller; and
(d) An identifying description or a digital photograph of each
item of precious metal that is the subject of the transaction.
(2) A precious metal secondhand dealer in this state shall:
(a) Maintain the records described in subsection (1) of this
section for a period of at least one year after the date of the
transaction; and
(b)(A) Maintain the records described in subsection (1) of this
section at the location at which the dealer is engaged in
precious metal secondhand dealing and allow inspection of the
records by law enforcement officers upon request made during
regular business hours; or
(B) If the dealer is a temporary precious metal secondhand
dealer, maintain the records, or electronic copies of the
records, at the current location where the dealer is engaged in
precious metal secondhand dealing and allow inspection of the
records or electronic copies by law enforcement officers upon
request made during regular business hours.
(3) A precious metal secondhand dealer shall provide copies of
records described in subsection (1) of this section if requested
by law enforcement officers.
(4) A precious metal secondhand dealer in this state shall
retain any item of precious metal acquired in a transaction for a
period of seven days after the date of the transaction before the
dealer may dispose of the item. The dealer shall keep items of
precious metal subject to retention under this subsection
segregated from other items, but at the location where the
transaction occurred. The dealer shall allow inspection of items
of precious metal subject to retention under this subsection if
requested by law enforcement officers.
(5) Notwithstanding subsection (4) of this section, a temporary
precious metal secondhand dealer may retain items subject to
retention under subsection (4) of this section at a location of
the dealer's choosing in this state, but must provide an item of
precious metal to a requesting law enforcement officer within 24
hours of the officer's request for the item. Any cost incurred in
providing a law enforcement officer with a requested item under
this subsection shall be borne by the dealer. + }
Enrolled House Bill 4108 (HB 4108-A) Page 2
SECTION 3. { + (1) Sections 1 to 4 of this 2012 Act do not
apply within the jurisdiction of any city or county that the
Secretary of State has identified as having in effect an
ordinance that imposes on precious metal secondhand dealers:
(a) Substantially equivalent or more stringent record keeping
requirements for transactions; and
(b) Equal or longer holding periods for items of precious metal
that are acquired by precious metal secondhand dealers through
transactions.
(2) The secretary shall maintain on the secretary's website a
list of cities and counties in which sections 1 to 4 of this 2012
Act do not apply.
(3) Each city or county that has an ordinance in effect that
the city or county determines is as described in subsection (1)
of this section shall notify the secretary in writing and shall
include a copy of the ordinance or an electronic link to the
ordinance. If the city or county amends or repeals the ordinance,
the city or county shall notify the secretary of the amendment or
repeal and, in the case of an amendment, the city or county
determination of whether the ordinance as amended still is as
described in subsection (1) of this section. + }
SECTION 4. { + A city or county in this state may not require
a precious metal secondhand dealer in this state who is also a
pawnbroker licensed under ORS chapter 726 to provide a photograph
of an item of precious metal acquired through a transaction. + }
SECTION 5. { + (1) A person that violates the provisions of
section 2 of this 2012 Act commits a Class C violation.
(2) Notwithstanding subsection (1) of this section, a person
that violates the provisions of section 2 of this 2012 Act three
or more times commits a Class A violation for each subsequent
violation.
(3) Notwithstanding subsections (1) and (2) of this section, a
person that violates the provisions of section 2 of this 2012 Act
six or more times is subject to a fine of not less than $5,000
for each subsequent violation. + }
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Passed by House February 16, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate February 24, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4108 (HB 4108-A) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4108 (HB 4108-A) Page 4
