DEFINITION OF REGULATED PROPERTY
Administrative Rule Adopted by Revenue Division Pursuant to Rule-Making Authority
Regulated property means:
A. Used items:
1. Precious metals.
a. Any metal that is valued for its character, rarity, beauty or quality, including gold, silver, platinum, or any other such metals, whether as a separate item or in combination as a piece of jewelry.
b. Jewelry containing precious metals or precious gems including but not limited to rings, necklaces, pendants, earrings, brooches, bracelets, or chains.
2. Precious gems. Examples include: any gem that is valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or any other such precious or semi-precious gems or stones, whether as a separate item or in combination as a piece of jewelry.
3. Precious metal scrap. Any item composed in part or in whole of precious metal which does not contain identifiable markings or inscriptions and which is valued primarily for the scrap value of the precious metal. Does not include sterling silver wares.
5. Sterling silver. Examples include: flatware, candleholders, coffee and tea sets, ornamental objects, champagne flutes, wineglasses, or serving pieces such as: platters, bowls, trays, water pitchers, open bakers, ice buckets, shell dishes, or salt and pepper shakers.
6. Electronic equipment.
a. Audio equipment including but not limited to: tape players, tape decks or players, compact/digital disc players, sound metering devices, tuners, amplifiers, speakers, transceivers, equalizers, receivers, phonographs, turntables, stereos, radios, car stereos, car speakers, microphones, broadcasting equipment, citizen band radios/transceivers, digital audio recorders or players.
b. Video equipment including but not limited to: televisions, videotape or videodisc recorders, videotape or videodisc players, video cameras, video projectors, video monitors, digital video recorders or players.
c. Electrical office equipment including but not limited to: telefax machines, laser printers, copiers, duplicators, typewriters, calculators, cash registers, transcribers, dictaphones, computers, home computers, modems, monitors, any computer equipment or accessories having uniquely identifiable parts, or identifiable software.
d. Telephones or telephone equipment including but not limited to answering machines, cellular telephones, or satellite telephones.
e. Video game equipment including but not limited to: game units and games that are handheld or console.
f. Other electronic equipment including but not limited to: global positioning systems, electronic navigation devices or radar detectors.
7. Photographic and optical equipment and any accompanying bags including but not limited to: cameras, camera lenses, camera filters, camera motor drives, light meters, flash equipment, movie projectors, slide projectors, photography processing equipment, photography enlarging equipment, binoculars, telescopes, opera glasses, microscopes, surveying equipment both optical and electronic, rifle scopes, spotting scopes, electronic sighting equipment, tripods, accessories and components, digital image recorders or display devices.
8. Power yard and garden tools including but not limited to: garden tractors, lawn mowers, rototillers, lawn sweepers, weed or brush cutters, edgers, trimmers, blowers, chippers, shredders, or ladders.
9. Power equipment and tools including but not limited to: air hammers, air tools, nail guns, power staplers, power saws, power sanders, chainsaws, power planers, power drills, routers, lathes, joiners, shop vacuums, paint sprayers and accessory equipment, generators, air compressors, pressure washers, logging equipment, welding or cutting equipment or components, measuring devices and gauges, or construction equipment.
10. Automotive and hand tools including but not limited to: wrench sets, socket sets, screw driver sets, pliers, vise grips, tool boxes, auto body hammers, jacks, timing lights, testing and analyzing equipment or components.
11. Musical instruments and any accompanying cases or bags including but not limited to: electronic keyboards, guitars, violins, cellos, trumpets, trombones, saxophones, flutes, drums, percussion instruments, electronic synthesizers, or mixing boards.
12. Firearms including but not limited to: rifles, shotguns, handguns, revolvers, pellet guns, or BB guns.
13. Sporting equipment limited to kayaks, bicycles, golf clubs and bags, pool cues or cases, snow or water skis, snow or water boards, fishing rods or reels, skates, saddles or tack.
14. Outboard motors and boating accessories limited to outdrives, props, inboard engines, electric boat motors, boat covers, tops, or unlicensed boat trailers.
15. Household appliances, including but not limited to microwave ovens, sewing machines, vacuums, mixing and food preparation equipment.
16. Property that is not purchased by a bona fide business for investment purposes, limited to:
a. Gold bullion bars (0.995 fine or better);
b. Silver bullion bars (0.995 fine or better);
c. All tokens, coins, or money, whether commemorative or an actual medium of exchange adopted by a domestic or foreign government as part of its currency whose intrinsic, market or collector value is greater than the apparent legal or face value; or
d. Postage stamps, stamp collections and philatelic items whose intrinsic, market or collector value is greater than the apparent legal or face value.
17. Cards with monetary value that can be used by anyone, including but not limited to:
a. Gift cards. Cards that must be used at a particular store or chain of stores; or
b. In-store credit cards. Cards issued by stores for merchandise returned without a receipt that can only be used at a particular store or chain of stores; or
c. Prepaid cards. Cards that can be used anywhere; or
d. Phone cards.
B. New items.
1. New items purchased from a registered business are exempt from regulation under PCC 14B.90 if the Dealer has a bill of lading, receipt, invoice or the equivalent for the new items that specifies the seller's business name, physical and mailing address, date of transaction and a description of the purchased items. The bill of lading, receipt, invoice or the equivalent must be held by the Dealer for one year or as long as the property is in the Dealer’s possession, whichever is longer. Upon reasonable belief that a specific registered business is dealing in stolen property or is acquiring property in violation of this or any jurisdiction’s secondhand dealer requirements, the Chief of Police may deem that new items purchased from that specific registered business are regulated property.
2. Items acquired from a manufacturer, manufacturer’s representative or distributor that are discontinued or have been used for display or demonstration but not previously sold are new and exempt from regulation under PCC 14B.90 if the Dealer has a bill of lading, receipt, invoice or the equivalent that includes the information specified in section B.1. The Dealer must hold the bill of lading, receipt, invoice or the equivalent for one year or as long as the property is in the Dealer’s possession.
C. Regulated property does not include any of the following property:
1. Vehicles required to be registered with the Oregon Motor Vehicles Division;
2. Boats required to be certified by the Oregon Marine Board;
3. Books and comic books;
4. Glassware, objets d'art, or sports cards and sports memorabilia;
6. Refrigerators, freezers, stoves, ovens, dishwashers, washers, and dryers.
Adopted by Director of Revenue Bureau as Administrative Rule 020.07-1 October 25, 2007.
Rule renumbered by Auditor's Office and filed in PPD October 26, 2007.
Amended by Director of Revenue Bureau July 9, 2012.
Amended by Director of Revenue Division July 17, 2018.