Bill Number: OK51RSB 472 Date: 02-22-2007
SENATE FLOOR VERSION
THE STATE SENATE
1 Monday, February 26, 2007
2 Senate Bill No. 472
3 As Amended
4 SB 472
5 SENATE BILL NO. 472 - By: BRANAN of the Senate and LIEBMANN of
6 the House.
7 [ copper recycling - record-keeping - holding period -
8 violations and penalties - effective date - emergency ]
9 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
10 SECTION 1. AMENDATORY 59 O.S. 2001, Section 1406, is
11 amended to read as follows:
12 Section 1406. [(a)] A. Every junk dealer shall keep a
13 separate book or register in which [he] the junk dealer shall
14 enter the following information: Name, address, age, [driver's]
15 driver license number, or, if [driver's] driver license is not
16 available, similar definite identification of the person or persons
17 from whom [thirty-five (35) pounds or more of] copper or copper
18 alloy utilized by persons, firms, corporations or municipal
19 corporations engaged in the transmission and distribution of
20 electric energy, or engaged in telephone, telegraph or other
21 communications is purchased; license tag number of vehicle or
22 conveyance in which copper or copper alloy is delivered; the date
23 and place of each purchase of such copper or copper alloy; the
24 description should include the weight of [said] copper or copper
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1 alloy purchased, including whether the same is in wire, cable, bars,
2 rods, or tubing and, if any installation is thereon, the names
3 and addresses of the persons, groups of persons or corporations from
4 whom seller purchased [said] copper or copper alloy. Such book or
5 register shall be made available to any law enforcement official or
6 the representatives of persons, firms, corporations or municipal
7 corporations described above for inspection at any time.
8 [(b) A] B. In addition to requirements of subsection A of
9 this section and the provisions of this act, Section 1401 et. seq.
10 of this title, a junk dealer who purchases copper material shall
11 be required to maintain a current register with sequentially
12 numbered pages or tickets in which shall be entered in legible
13 printing all the following information:
14 1. The date of purchase;
15 2. The name and address of the person from whom the property
16 was purchased or otherwise obtained;
17 3. The sellers driver license number and state
18 identification number, if applicable, date of birth and sex;
19 4. A photocopy of the sellers driver license or other form
20 of government-issued photo identification, with the photocopy to be
21 kept as part of the registry;
22 5. A detailed description of the material or property,
23 including the make, model number, serial number, and any other
24 applicable identifying information;
25 6. A statement from the seller of what the property is and
26 how the property was originally used;
27 7. The weight of the materials purchased;
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1 8. A description of the material, such as wire, cable, bar,
2 coil, rod, sheet or tube and whether the material is insulated;
3 9. The name and address of any person, group or other entity
4 from which the seller purchased the material now being sold to the
5 junk dealer; and
6 10. Any other information requested by the Oklahoma Tax
7 Commission or any state law enforcement agency.
8 C. Junk dealers shall also report, in writing, all purchases
9 of thirty-five (35) pounds or more of copper material not exempt
10 from the [ten-day] fifteen-day holding period to the sheriff of
11 the county in which said purchases are made, if requested in writing
12 by said sheriff. The report shall be made in writing to said
13 sheriff within forty-eight (48) hours after any such purchase is
14 made and shall contain all of the information required to be
15 maintained in the book or register provided for herein.
16 SECTION 2. AMENDATORY 59 O.S. 2001, Section 1407, is
17 amended to read as follows:
18 Section 1407. Each purchase of [thirty-five (35) pounds or
19 more of] copper or copper alloy utilized by persons, firms,
20 corporations or municipal corporations engaged in the transmission
21 and distribution of electric energy, or engaged in telephone,
22 telegraph or other communications shall be held separate and apart
23 so that such copper and copper alloy shall be readily identifiable
24 from all other purchases for a period of not less than [ten (10)]
25 fifteen (15) days from the date of purchase of such copper or
26 copper alloy, during which period the purchaser shall not change the
27 form of said copper or copper alloy and shall permit any law
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1 enforcement officer or the representatives of persons, firms,
2 corporations or municipal corporations to make inspection of such
3 copper material during said [ten-day] fifteen-day holding period;
4 provided, however, that all such purchases made from persons, firms,
5 corporations or municipal corporations who construct, operate,
6 maintain or sell electric distribution and transmission
7 communications facilites, or produce scrap copper material in the
8 normal course of business or the sale of copper material by one
9 licensed junk dealer to another are not subject to said [ten-day]
10 fifteen-day holding period; but there shall be required from such
11 persons, firms, corporations or municipal corporations a bill of
12 sale or other written evidence of title of such purchases.
13 SECTION 3. AMENDATORY 59 O.S. 2001, Section 1408, is
14 amended to read as follows:
15 Section 1408. A. Anyone acting as a junk dealer without a
16 permit, as required by Section 1402 of this title, is guilty of a
17 misdemeanor and, upon conviction thereof, is subject to a fine of
18 [Fifty Dollars ($50.00)] Five Hundred Dollars ($500.00); provided
19 that each day's operation without a license constitutes a separate
20 offense.
21 B. Any junk dealer failing to maintain records, as required
22 by [Section] Sections 1406 and 1406A of this title [and Section
23 6 of this act], and any junk dealer failing to hold copper material,
24 as required by Section 1407 of this title, is guilty of a
25 misdemeanor and, upon conviction thereof, is subject to a fine of
26 Five Hundred Dollars ($500.00). Each separate purchase or transfer
27 of a vehicle in violation of Section [6] 1406A of this [act]
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1 title shall be considered a separate violation of this section.
2 C. Upon conviction of a second violation of this section, a
3 junk dealer, or any person acting as a junk dealer without a permit,
4 shall be subject to a fine of Two Thousand Five Hundred Dollars
5 ($2,500.00).
6 D. Upon conviction of a third violation of this section, a
7 junk dealer shall forfeit his or her license and shall be ineligible
8 for another.
9 E. Any person who knowingly gives false information, with
10 respect to the information required in [Section] Sections 1406
11 and 1406A of this title, [and in Section 6 of this act] is
12 guilty of a misdemeanor and, upon conviction thereof, is subject to
13 a fine not to exceed [Five Hundred Dollars ($500.00)] One Thousand
14 Dollars ($1,000.00).
15 [D.] F. Each conviction of a junk dealer for violation of
16 any provision of this act shall be reported to the Oklahoma Tax
17 Commission by the clerk of the court rendering such verdict.
18 SECTION 4. This act shall become effective July 1, 2007.
19 SECTION 5. It being immediately necessary for the
20 preservation of the public peace, health and safety, an emergency is
21 hereby declared to exist, by reason whereof this act shall take
22 effect and be in full force from and after its passage and approval.
23 COMMITTEE REPORT BY: COMMITTEE ON ENERGY & ENVIRONMENT, dated
24 2-22-07 - DO PASS, As Amended and Coauthored.
25 Req. No. \*Req. No.*\Page 1
26 SB472 SFLR1State Senate
27 (Bold face denotes Committee Amendments)
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