Metal property

AN ACT Relating to addressing theft and vandalism involving metal 1
property; amending RCW 19.290.020, 19.290.030, 19.290.050, and 2
19.290.060; and adding new sections to chapter 43.10 RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 19.290.020 and 2024 c 301 s 4 are each amended to 5
read as follows: 6
(1) At the time of a transaction, every scrap metal business 7
doing business in this state shall produce wherever that business is 8
conducted an accurate and legible record of each transaction 9
involving nonferrous metal property. This record must be written in 10
the English language, documented on a standardized form or in 11
electronic form, and contain the following information:12
(a) The signature of the person with whom the transaction is 13
made; 14
(b) The time, date, location, and value of the transaction;15
(c) The name of the employee representing the scrap metal 16
business in the transaction; 17
(d) The name, street address, and telephone number of the person 18
with whom the transaction is made; 19
H-2658.1
HOUSE BILL 2213
State of Washington 69th Legislature 2026 Regular Session
By Representatives Ryu, Leavitt, Bronoske, Goodman, and Reeves
Prefiled 12/30/25. Read first time 01/12/26. Referred to Committee
on Consumer Protection & Business.
p. 1 HB 2213
(e) The license plate number and state of issuance of the license 1
plate on the motor vehicle used to deliver the nonferrous metal 2
property subject to the transaction; 3
(f) A description of the motor vehicle used to deliver the 4
nonferrous metal property subject to the transaction;5
(g) The current driver's license number or other government-6
issued picture identification card number of the seller or a copy of 7
the seller's government-issued picture identification card; ((and))8
(h) A description of the predominant types of nonferrous metal 9
property subject to the transaction, utilizing the institute of scrap 10
recycling industries' generally accepted terminology, and including 11
weight, quantity, or volume; and12
(i) One or more photographs accurately depicting all nonferrous 13
metal property subject to the transaction, including legible photos 14
of any identifiable markings on the nonferrous metal property.15
(2) For every transaction that involves nonferrous metal 16
property, every scrap metal business doing business in the state 17
shall require the person with whom a transaction is being made to 18
sign a declaration. The declaration may be included as part of the 19
transactional record required under subsection (1) of this section, 20
or on a receipt for the transaction. The declaration must state 21
substantially the following: 22
"I, the undersigned, affirm under penalty of law that the 23
property that is subject to this transaction is not to the best of my 24
knowledge stolen property." 25
The declaration must be signed and dated by the person with whom 26
the transaction is being made. An employee of the scrap metal 27
business must witness the signing and dating of the declaration and 28
sign the declaration accordingly before any transaction may be 29
consummated. 30
(3) The record and declaration required under this section must 31
be open to the inspection of any commissioned law enforcement officer 32
of the state or any of its political subdivisions at all times during 33
the ordinary hours of business, or at reasonable times if ordinary 34
hours of business are not kept, and must be maintained wherever that 35
business is conducted for five years following the date of the 36
transaction. 37
(4)(a) For every transaction that involves nonferrous metal 38
property with a value of $50 or more:39
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(i) The information collected under subsection (1) of this 1
section must be digitally uploaded to a database approved by the 2
Washington state patrol; and3
(ii) The scrap metal business must retain all nonferrous metal 4
property subject to the transaction in its original form for a period 5
of no less than 10 days from the date of purchase.6
(b) For the purposes of (a) of this subsection, the value of 7
nonferrous metal property from multiple transactions must be 8
aggregated and treated as one transaction if the transactions each 9
occur within the same 24-hour period and:10
(i) Involve the same seller; or11
(ii) The same vehicle is used to deliver the nonferrous metal 12
property.13
Sec. 2. RCW 19.290.030 and 2024 c 301 s 5 are each amended to 14
read as follows: 15
(1) No scrap metal business may enter into a transaction to 16
purchase or receive nonferrous metal property from any person who 17
cannot produce at least one piece of current government-issued 18
picture identification, including a valid driver's license or 19
identification card issued by any state. 20
(2) No scrap metal business may purchase or receive commercial 21
metal property unless the seller: (a) Has a commercial account with 22
the scrap metal business; (b) can prove ownership of the property by 23
producing written documentation that the seller is the owner of the 24
property; or (c) can produce written documentation that the seller is 25
an employee or agent authorized to sell the property on behalf of a 26
commercial enterprise. 27
(3) No scrap metal business may enter into a transaction to 28
purchase or receive metallic wire that was burned in whole or in part 29
to remove insulation unless the seller can produce written proof to 30
the scrap metal business that the wire was lawfully burned.31
(4)(((a))) No transaction involving nonferrous metal property may 32
be made in cash ((or)). For the purposes of this subsection, "cash" 33
means currency in the form of coins or bills issued by the federal 34
government, and does not include any electronic, digital, or other 35
representations of money or other methods of payment.36
(5) No transaction involving nonferrous metal property may be 37
made with any person who does not provide a street address and 38
photographic identification and sign a declaration under the 39
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requirements of RCW 19.290.020 except as described in (((b) of)) this 1
subsection. The person with whom the transaction is being made may 2
only be paid by a nontransferable check, ((mailed by the scrap metal 3
business to a street address provided under RCW 19.290.020, no 4
earlier than three days after the transaction was made. A transaction 5
occurs on the date provided in the record required under RCW 6
19.290.020.7
(b) A scrap metal business that is in compliance with this 8
chapter may pay up to a maximum of $30 in cash, )) electronic method 9
of payment, stored value device, or electronic funds transfer for 10
nonferrous metal property. The ((balance of the )) value of the 11
transaction may only be made by nontransferable check, electronic 12
method of payment, stored value device, or electronic funds transfer 13
at the time the transaction is made if the scrap metal business 14
digitally captures((:15
(i) A)) a copy of one piece of current government-issued picture 16
identification, including a current driver's license or 17
identification card issued by any state((; and18
(ii) Either a picture or video of either the material subject to 19
the transaction in the form received or the material subject to the 20
transaction within the vehicle which the material was transported to 21
the scrap metal business.22
(5)(a) A scrap metal business's usage of video surveillance shall 23
be sufficient to comply with subsection (4)(b)(ii) of this section so 24
long as the video captures the material subject to the transaction.25
(b) A digital image or picture taken under this section must be 26
available for two years from the date of transaction, while a video 27
recording must be available for 30 days)). 28
(6) No scrap metal business may purchase or receive beer kegs 29
from anyone except a manufacturer of beer kegs or licensed brewery.30
(7) Any purchased or received nonferrous metal property or 31
commercial metal property that law enforcement has probable cause to 32
believe is stolen is subject to seizure and forfeiture and no 33
property right exists in it.34
Sec. 3. RCW 19.290.050 and 2024 c 301 s 7 are each amended to 35
read as follows: 36
(1) In addition to all other requirements of this chapter, ((upon 37
request by any commissioned law enforcement officer of the state or 38
any of its political subdivisions, )) every scrap metal business shall 39
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furnish a full, true, and correct transcript of the records from the 1
purchase or receipt of nonferrous metal property and commercial metal 2
property involving ((only a specified )) an individual, vehicle, or 3
item of nonferrous metal property or commercial metal property. This 4
information may be electronically transmitted within a specified time 5
of not less than ((two business days to the applicable law 6
enforcement agency electronically, by facsimile transmission, or by 7
modem or similar device, or by delivery of computer disk subject to 8
the requirements of, and approval by, the chief of police or the 9
county's chief law enforcement officer )) five business days to the 10
Washington state patrol. 11
(2) Any records created or produced under this section are exempt 12
from disclosure under chapter 42.56 RCW. 13
(3) If the scrap metal business has good cause to believe that 14
any nonferrous metal property or commercial metal property in their 15
possession has been previously lost or stolen, the scrap metal 16
business shall promptly report that fact to the ((applicable 17
commissioned law enforcement officer of the state, the chief of 18
police, or the county's chief law enforcement officer )) Washington 19
state patrol, together with the name of the owner, if known, and the 20
date when and the name of the person from whom it was received.21
(4) Compliance with this section shall not give rise to or form 22
the basis of private civil liability on the part of a scrap metal 23
business or scrap metal recycler. 24
Sec. 4. RCW 19.290.060 and 2024 c 301 s 8 are each amended to 25
read as follows: 26
(1) Following notification in writing from ((a commissioned law 27
enforcement officer of the state or any of its political 28
subdivisions)) the Washington state patrol that an item of nonferrous 29
metal property or commercial metal property has been reported as 30
stolen, a scrap metal business shall hold that property intact and 31
safe from alteration, damage, or commingling, and shall place an 32
identifying tag or other suitable identification upon the property. 33
The scrap metal business shall hold the property for a period of time 34
as directed by the applicable law enforcement agency up to a maximum 35
of ten business days. 36
(2) ((A commissioned law enforcement officer of the state or any 37
of its political subdivisions )) The Washington state patrol shall not 38
place on hold any item of nonferrous metal property or commercial 39
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metal property unless that law enforcement agency reasonably suspects 1
that the property is a lost or stolen item. Any hold that is placed 2
on the property must be removed within ten business days after the 3
property on hold is determined not to be stolen or lost and the 4
property must be returned to the owner or released.5
NEW SECTION. Sec. 5. A new section is added to chapter 43.10 6
RCW to read as follows: 7
(1) There is hereby created a critical infrastructure crime 8
reduction unit within the office of the attorney general for the 9
purpose of assisting local law enforcement agencies and prosecuting 10
attorneys' offices with the investigation and prosecution of cases 11
involving metal theft or vandalism affecting critical infrastructure.12
(2) When funded, the critical infrastructure crime reduction unit 13
shall be responsible for: 14
(a) At the request of a local law enforcement agency, assisting 15
the law enforcement agency with the investigation and development of 16
criminal cases involving metal theft or vandalism affecting critical 17
infrastructure; 18
(b) At the request of a local prosecuting attorney's office, 19
assisting the prosecuting attorney's office with the litigation of 20
cases involving metal theft or vandalism affecting critical 21
infrastructure, or litigating such cases on behalf of the prosecuting 22
attorney's office; 23
(c) Establishing and regularly convening a work group to identify 24
trends in crimes affecting critical infrastructure and develop best 25
practices for investigating and prosecuting such crimes in the state; 26
and 27
(d) Conducting seminars and training sessions on best practices 28
for investigating and prosecuting criminal cases involving metal 29
theft or vandalism affecting critical infrastructure.30
(3) The critical infrastructure crime reduction unit shall 31
prioritize assisting jurisdictions with a higher rate of incidents 32
involving metal theft or vandalism affecting critical infrastructure.33
(4) Nothing in this section shall be construed to alter the 34
attorney general's concurrent authority to investigate and prosecute 35
crimes. 36
NEW SECTION. Sec. 6. A new section is added to chapter 43.10 37
RCW to read as follows: 38
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The critical infrastructure crime reduction account is created in 1
the custody of the state treasurer. All receipts from legislative 2
appropriations, donations, gifts, grants, and funds from federal or 3
private sources must be deposited in the account. Expenditures from 4
the account may be used only for the purpose of funding the critical 5
infrastructure crime reduction unit established under section 5 of 6
this act. Only the attorney general or his or her designee may 7
authorize expenditures from the account. The account is subject to 8
the allotment procedures under chapter 43.88 RCW, but an 9
appropriation is not required for expenditures. 10
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