Oregon legislation · 2026 Legislative Measures
Oregon HB4140: Relating to metal property.
Status: Chaptered, April 6, 2026
Digest: The Act adds new requirements for scrap metal businesses. The Act changes the definition for a type of scrap metal. (Flesch Readability Score: 61.3). [ Digest: The Act creates a new crime about selling or trading scrap metal without being registered as a scrap metal seller. The Act adds new requirements for scrap metal businesses. (Flesch Readability Score: 60.8). ] Modifies the crime of criminal mischief in the first degree by expanding the types of telecommunications entities whose property may be subject to ORS 164.365. [ Prohibits certain individuals from selling or trading nonferrous metal property or commercial metal property to a scrap metal business unless the individual is registered as a scrap metal seller with the Department of Justice. Punishes by a maximum of 364 days' imprisonment, $6,250 fine, or both. Specifies exemptions. Requires the department to establish a scrap metal seller registration database. ] Modifies the definition of "commercial metal property" and requires scrap metal businesses to check ownership of certain types of commercial metal property before purchasing or receiving the commercial metal property. Requires scrap metal businesses to sign up with a national scrap metal theft alert system and use the system in conducting business activity. [ Requires scrap metal businesses to check that individuals are registered as scrap metal sellers before completing a transaction. ].
What the bill says
From the enrolled text, March 3, 2026:
83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session House Bill 4140 Sponsored by Representative WALLAN, Senators PROZANSKI, ANDERSON, Representative RIEKE SMITH; Representatives GAMBA, LEWIS, LIVELY, MARSH, RESCHKE (Presession filed.) CHAPTER ................................................. Relating to metal property; creating new provisions; and amending ORS 164.365, 165.116 and 165.117. CHANGES TO CRIMINAL MISCHIEF SECTION 1. ORS 164.365 is amended to read: 164.365. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right: (a) Damages or destroys property of (B) By means of an explosive; (C) By starting a fire in an institution while the person is committed to and confined in the institution; (D) Which is a livestock animal as defined in ORS 164.055; (E) Which is the property of a public utility, telecommunications [carrier] provider, railroad, public transportation facility or medical facility used in direct service to the public; or (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications [carrier] provider, railroad, public transportation facility or medical facility; or (b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications [carrier] provider, railroad, public transportation facility or medical facility used in direct service to the public …