Wash. Rev. Code § 19.290.010

Current through 2024

Section 19.290.010 - [Effective 4/1/2025] Definitions

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Commercial account" means a relationship between a scrap metal business and a commercial enterprise that is ongoing and properly documented under RCW 19.290.030.

(2) "Commercial enterprise" means a corporation, partnership, limited liability company, association, state agency, political subdivision of the state, public corporation, or any other legal or commercial entity.

(3) "Commercial metal property" means: Utility access covers; street light poles and fixtures; road and bridge guardrails; highway or street signs; water meter covers; traffic directional and control signs; traffic light signals; any metal property marked with the name of a commercial enterprise, including but not limited to a telephone, commercial mobile radio services, cable, electric, water, natural gas, or other utility, or railroad; unused or undamaged building construction materials consisting of copper pipe, tubing, or wiring, or aluminum wire, siding, downspouts, or gutters; aluminum or stainless steel fence panels made from one inch tubing, 42 inches high with four-inch gaps; aluminum decking, bleachers, or risers; historical markers; statue plaques; grave markers and funeral vases; components of electric vehicle supply equipment made available for commercial or public use; or agricultural irrigation wheels, sprinkler heads, and pipes.

(4) "Engage in business" means conducting more than 12 transactions in a 12-month period.

(5) "Nonferrous metal property" means metal property for which the value of the metal property is derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. "Nonferrous metal property" does not include precious metals.

(6) "Person" means an individual, domestic or foreign corporation, limited liability corporation, partnership, trust, unincorporated association, or other entity; an affiliate or associate of any such person; or any two or more persons acting as a partnership, syndicate, or other group for the purpose of acquiring, holding, or dispersing of securities of a domestic or foreign corporation.

(7) "Precious metals" means gold, silver, and platinum.

(8) "Record" means a paper, electronic, or other method of storing information.

(9) "Scrap metal business" means a scrap metal supplier, scrap metal recycler, and scrap metal processor.

(10) "Scrap metal processor" means a person with a current business license that conducts business from a permanent location, that is engaged in the business of purchasing or receiving nonferrous metal property and commercial metal property for the purpose of altering the metal in preparation for its use as feedstock in the manufacture of new products, and that maintains a hydraulic bailer, shearing device, or shredding device for recycling.

(11) "Scrap metal recycler" means a person with a current business license that is engaged in the business of purchasing or receiving nonferrous metal property and commercial metal property for the purpose of aggregation and sale to another scrap metal business and that maintains a fixed place of business within the state.

(12) "Scrap metal supplier" means a person with a current business license that is engaged in the business of purchasing or receiving nonferrous metal property for the purpose of aggregation and sale to a scrap metal recycler or scrap metal processor and that does not maintain a fixed business location in the state.

(13) "Transaction" means a pledge, or the purchase of, or the trade of any item of nonferrous metal property by a scrap metal business from a member of the general public. "Transaction" does not include donations or the purchase or receipt of nonferrous metal property by a scrap metal business from a commercial enterprise, from another scrap metal business, or from a duly authorized employee or agent of the commercial enterprise or scrap metal business.

RCW 19.290.010

Amended by 2024 c 301,§ 3, eff. 4/1/2025.

Amended by 2023 c 125,§ 2, eff. 7/23/2023.

Amended by 2013 c 322,§ 4, eff. 7/28/2013.

2008 c 233 § 1; 2007 c 377 § 1.

Effective date-Findings-Intent- 2024 c 301 : See notes following RCW 9A.82.180.

Findings- 2023 c 125 : "The legislature finds that electric vehicle supply equipment made available for commercial or public use is susceptible to vandalism and theft because the equipment may contain metal components that thieves will seek to steal and sell. In order to discourage the destruction of electric vehicle supply equipment, the legislature finds that such equipment should be defined as commercial metal property and therefore be made subject to the same sale restrictions that apply to other commercial metal property." [2023 c 125 s 1.]

This section is set out more than once due to postponed, multiple, or conflicting amendments.