Bill Number: OK51RSB 795 Date: 02-22-2007
SENATE FLOOR VERSION
THE STATE SENATE
1 Monday, February 26, 2007
2 Committee Substitute for
3 Senate Bill No. 795
4 CS for SB 795
5 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 795 - By: LAMB of the
6 Senate and WINCHESTER and LAMONS of the House.
7 [ theft of copper materials - modifying certain penalties for
8 violations - effective date - emergency ]
9 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
10 SECTION 1. AMENDATORY 21 O.S. 2001, Section 1041, is
11 amended to read as follows:
12 Section 1041. All persons, firms or corporations, who carry
13 on the business of buying brass, copper, iron, rubber and leather
14 belting, plumbing or electric fixtures, burlap or bags of any
15 material, tools, machinery or supplies commonly used in the
16 drilling, completing, operating or repairing of oil or gas wells,
17 commonly known as "junk dealers," shall keep a record in a book for
18 the purpose, to be kept in their places of business and open to the
19 inspection of the public, showing the date of each purchase of such
20 property, the name and address of the seller, the items of property
21 purchased, and the price paid to such seller for each item of
22 property; and all persons, firms and corporations carrying on such
23 business shall keep [all] such property purchased upon display, and
24 in plain sight, in their places of business, for at least [fifteen
1
1 (15)] thirty (30) days after purchasing such property, and keep
2 such property open to inspection of the public during said time,
3 before disposing of same. Provided, however, [this act] Sections
4 1041 and 1042 of this title shall not apply to persons, firms or
5 corporations, carrying on a retail or wholesale business of buying
6 new property of the character aforesaid, or to persons buying new
7 property of the kind mentioned at retail or wholesale; provided
8 further, that it shall be unlawful for any junk dealer, as defined
9 in [this act] Sections 1041 and 1042 of this title, to purchase
10 articles mentioned herein from minors without having first obtained
11 the consent, in writing, of the parents or guardian of such minor.
12 SECTION 2. AMENDATORY 21 O.S. 2001, Section 1042, is
13 amended to read as follows:
14 Section 1042. A. Any person, firm or corporation failing
15 or refusing to comply with the provisions of [this act] Sections
16 1041 and 1042 of this title shall be deemed guilty of a misdemeanor
17 and upon conviction shall be subject to a fine of not less than
18 [Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00)]
19 Five Thousand Dollars ($5,000.00), or by imprisonment for a period
20 of not more than [thirty (30) days] six (6) months, or by both
21 such fine and imprisonment.
22 B. Any person, firm or corporation convicted of a second or
23 subsequent violation of this section shall be deemed guilty of a
24 felony and upon conviction shall be subject to a fine of Ten
25 Thousand Dollars ($10,000.00), or by imprisonment for a period of
26 not more than two (2) years in the custody of the Department of
27 Corrections or county jail, or by both such fine and imprisonment.
2
1 SECTION 3. AMENDATORY 21 O.S. 2001, Section 1044, is
2 amended to read as follows:
3 Section 1044. A. Any person, firm or corporation failing
4 or refusing to comply with the provisions of [this act] Section
5 1043 et seq. of this title shall be deemed guilty of a misdemeanor
6 and upon conviction shall be subject to a fine [not less than Fifty
7 ($50.00) Dollars nor more than Two Hundred ($200.00) Dollars] of
8 Five Thousand Dollars ($5,000.00), or by imprisonment in the
9 custody of the Department of Corrections or the county jail for a
10 period of not more than [thirty (30) days] six (6) months, or by
11 both such fine and imprisonment.
12 B. Any person, firm or corporation convicted of a second or
13 subsequent violation shall be deemed guilty of a felony and upon
14 conviction shall be subject to a fine of Ten Thousand Dollars
15 ($10,000.00) or by imprisonment in the custody of the Department of
16 Corrections or county jail, or by both such fine and imprisonment.
17 SECTION 4. AMENDATORY 21 O.S. 2001, Section 1045, is
18 amended to read as follows:
19 Section 1045. Every owner, keeper or proprietor of a junk
20 shop, junk store, salvage yard, scrap processor, junk cart or other
21 vehicle or boat, or collector of or dealer in junk, salvage or other
22 secondhand property, shall keep a separate book or register in which
23 he or she shall enter the following information: name, address,
24 age, [driver's] photocopy of driver license number, if [driver's]
25 driver license not available similar definite identification, of
26 the person or persons from whom [thirty-five (35)] ten (10) pounds
27 or more of copper, copper alloy, aluminum or aluminum alloy utilized
3
1 by persons, firms, corporations or municipal corporations engaged in
2 the transmission and distribution of electric energy, or engaged in
3 telephone, telegraph or other communications is purchased; license
4 tag number and description of vehicle or conveyance in which
5 delivered; the date and place of each purchase of such copper,
6 copper alloy, aluminum or aluminum alloy; the description should
7 include the weight of the materials purchased, including whether the
8 same is in wire, cable, bars, rods, sheeting or tubing and, if any
9 insulation is thereon, the names and addresses of the persons,
10 groups of persons or corporations from whom seller purchased the
11 materials. Such book or register shall be made available to any law
12 enforcement official or the representatives of persons, firms,
13 corporations or municipal corporations described above for
14 inspection at any time. The purchaser of any such copper, copper
15 alloy, aluminum or aluminum alloy shall hold the purchases separate
16 and apart so that such materials shall be readily identifiable from
17 all other purchases for a period of not less than [ten (10)] thirty
18 (30) days from the date of purchase of such materials during which
19 period the purchaser shall not change the form of the copper, copper
20 alloy, aluminum or aluminum alloy and shall permit any law
21 enforcement officer or the representatives of persons, firms,
22 corporations or municipal corporations described above to make
23 inspection of such materials during the [said ten-day] holding
24 period; provided, however, that all such purchases made from
25 persons, firms, corporations or municipal corporations who
26 construct, operate, or maintain electric distribution and
27 transmission, communications facilities or produce scrap copper or
4
1 aluminum in their normal course of business or the sale of copper or
2 aluminum material by one licensed junk dealer to another are not
3 subject to [said ten-day] the holding period; and there shall be
4 required from such persons, firms, corporations or municipal
5 corporations a bill of sale or other written evidence of title of
6 such purchases. The purchaser shall also report in writing all
7 purchases of such copper, copper alloy, aluminum or aluminum alloy
8 to the sheriff of the county in which the purchases are made, if
9 requested in writing by the sheriff, within forty-eight (48) hours
10 after any such purchase is made. The report made to the sheriffs
11 shall contain all of the information required to be maintained in
12 the book or register [provided for herein] as required by law.
13 The provisions of this section shall not apply to the sale or
14 purchase of aluminum beverage cans which are obtained for recycling
15 purposes.
16 SECTION 5. AMENDATORY 21 O.S. 2001, Section 1046, is
17 amended to read as follows:
18 Section 1046. Failure to maintain the book or register,
19 failing to maintain the copper, copper alloy, aluminum or aluminum
20 alloy separate and in the original form purchased for a period of
21 [ten (10)] thirty (30) days so that such materials can be readily
22 identifiable, or failure to report to the sheriff in the manner and
23 time required in Section 1045 of this title shall be deemed a
24 violation of the provisions of Section 1045 of this title and shall
25 be punishable, upon conviction, by imprisonment in the custody of
26 the Department of Corrections or the county jail for a period of
27 time not exceeding six (6) months, by a fine of not more than [Five
5
1 Hundred Dollars ($500.00)] Five Thousand Dollars ($5,000.00), or
2 both such fine and imprisonment.
3 SECTION 6. AMENDATORY 21 O.S. 2001, Section 1047, is
4 amended to read as follows:
5 Section 1047. A. Any person who shall knowingly give false
6 information with respect to information required to be maintained in
7 the book or register provided for in Section [1] 1045 of this
8 title shall be guilty of a [misdemeanor] felony and shall be
9 imprisoned for not more than [six (6) months] two (2) years in the
10 custody of the Department of Corrections or the county jail or
11 fined not more than [Five Hundred Dollars ($500.00)] Five Thousand
12 Dollars ($5,000.00), or both such fine and imprisonment.
13 B. Any person failing to keep the records required by this
14 act or Section 1401 et seq. of Title 59 of the Oklahoma Statutes
15 shall be guilty of a misdemeanor and shall be imprisoned in the
16 custody of the Department of Corrections or the county jail for a
17 period not to exceed one (1) year or fined not more than Five
18 Thousand Dollars ($5,000.00) or both such fine and imprisonment.
19 SECTION 7. AMENDATORY 21 O.S. 2001, Section 1727, is
20 amended to read as follows:
21 Section 1727. A. Any person who shall enter upon any
22 premises, easement, or right of way with intent to steal or remove
23 without the consent of the owner, or with intent to aid or assist in
24 stealing or removing any copper wire, copper cable, or copper tubing
25 from and off of any appurtenance on such premises, easement, or
26 right of way shall be guilty of a felony and upon conviction shall
27 be punished by [confinement in the State Penitentiary] imprisonment
6
1 in the custody of the Department of Corrections or the county jail
2 for not less than one (1) year nor more than five (5) years[, or by
3 confinement in the county jail for not less than ninety (90) days
4 nor more than two hundred (200) days,] or shall be fined [not less
5 than One Hundred Dollars ($100.00) nor more than] Five Hundred
6 Dollars ($500.00), or by both such fine and imprisonment. In
7 addition to the fine and imprisonment, any person convicted of a
8 violation of this section may be subject to forfeiture of any
9 vehicle used in commission of such crime.
10 B. Any person convicted of a second or subsequent violation
11 of this section shall be guilty of a felony and upon conviction may
12 be punished by the forfeiture of any vehicle used in commission of
13 such crime, imprisonment in the custody of the Department of
14 Corrections for not less than two (2) years nor more than seven (7)
15 years and/or fined not more than Five Thousand Dollars ($5,000.00).
16 SECTION 8. AMENDATORY 21 O.S. 2001, Section 1728, is
17 amended to read as follows:
18 Section 1728. A. Any person who shall receive, transport,
19 or possess in this state stolen copper wire, copper cable, or copper
20 tubing under such circumstances that [he] the person knew or
21 should have known that the same was stolen shall upon conviction
22 thereof be guilty of a felony and shall be [confined in the State
23 Penitentiary] imprisoned in the custody of the Department of
24 Corrections for a term of not less than one (1) year nor more than
25 five (5) years, or shall be confined in the county jail for not less
26 than ninety (90) days nor more than two hundred (200) days, or shall
27 be fined not less than One Hundred Dollars ($100.00) nor more than
7
1 Five Hundred Dollars ($500.00), or both such fine and imprisonment.
2 In addition to such fine and imprisonment, any person convicted of
3 a violation of this section may be subject to forfeiture of any
4 vehicle used in commission of such crime.
5 B. Any person convicted of a second or subsequent violation
6 of this section shall be deemed guilty of a felony and upon
7 conviction may be punished by forfeiture of any vehicle used in
8 commission of such crime, imprisonment in the custody of the
9 Department of Corrections for not less than two (2) years nor more
10 than seven (7) years and/or fined not more than Five Thousand
11 Dollars ($5,000.00).
12 SECTION 9. AMENDATORY 59 O.S. 2001, Section 1402, is
13 amended to read as follows:
14 Section 1402. A. Any junk dealer and any person, firm,
15 corporation or other legal entity desiring to become a junk dealer
16 shall prior to the commencement of business file a verified
17 application and obtain a license to operate as a junk dealer from
18 the Oklahoma Tax Commission. In addition, the junk dealer shall
19 obtain a sales tax permit, as [provided] required by Section 1364
20 of Title 68 of the Oklahoma Statutes, from the [Oklahoma] Tax
21 Commission. Each junk dealer shall maintain at least one yard and,
22 if such junk dealer maintains or desires to maintain more than one
23 yard, the junk dealer shall obtain, in addition to the original
24 [sales tax permit] license, a duplicate [sales tax permit]
25 license for each additional yard.
26 B. 1. To be eligible for a junk dealer license, an
27 applicant shall have been a resident of this state for at least one
8
1 year and shall complete an application providing the name of the
2 applicant, the street address of the principal place of business,
3 the applicants financial statement, the legal description of the
4 place of business, together with written verification from the
5 appropriate local authorities that the place of business meets the
6 licensing and zoning requirements of the municipality or county
7 where located and such additional information as may be required by
8 the Tax Commission.
9 2. Applications for a junk dealer license shall be signed
10 under oath and shall state the full name and place of residence of
11 the applicant. If the applicant is a partnership, the full name and
12 place of residence of each member thereof shall be required. If the
13 applicant is a corporation, the full name and place of residence of
14 each officer or major stockholder thereof shall be required. The
15 application shall give the location from which the business is to be
16 conducted, and shall contain such relevant information as the Tax
17 Commission shall require.
18 3. No person shall be granted a license to engage in the
19 business as a junk dealer if such person has been convicted or
20 entered a plea of guilty or nolo contendere, in any municipal court
21 or any court of any state, for knowingly receiving, accepting,
22 handling or selling, or otherwise disposing of any property or junk
23 which has been stolen, or has violated any laws, rules or
24 regulations of the United States or the laws or ordinances of any
25 municipality.
26 C. 1. The fee for the application for a junk dealer license
27 shall be Three Hundred Dollars ($300.00) for an initial license for
9
1 the applicants established principal place of business. The
2 renewal fee for an applicants established place of business shall
3 be One Hundred Fifty Dollars ($150.00) annually. The fee for each
4 additional place of business shall be One Hundred Dollars ($100.00),
5 and the renewal fee for such additional license shall be Fifty
6 Dollars ($50.00) annually.
7 2. Any change of information required to be contained in the
8 application for a license filed with the Tax Commission shall be
9 amended within thirty (30) days after the occurrence of the change
10 on a form prescribed by the Tax Commission, accompanied by a fee of
11 One Hundred Dollars ($100.00); provided, the fee for change of name
12 shall be Fifty Dollars ($50.00).
13 3. Every license issued to a junk dealer shall expire on
14 December 31 of each year and shall be renewed on or before January 1
15 of the following year. The Tax Commission may prorate the
16 application fees for licenses issued for less than a full year at
17 their discretion.
18 D. The [Oklahoma] Tax Commission shall maintain a list of
19 junk dealers to whom [sales tax permits] licenses have been
20 issued. The list shall be made available to the public upon
21 request.
22 SECTION 10. AMENDATORY 59 O.S. 2001, Section 1403, is
23 amended to read as follows:
24 Section 1403. A. Any license issued pursuant to Section
25 1402 of this title or sales tax permit, issued pursuant to Section
26 1364 of Title 68 of the Oklahoma Statutes, to any junk dealer who
27 violates any of the provisions of Sections 1401 [through this
10
1 section and Sections 1405 through 1408] et seq. of this title
2 relating to the purchase of copper materials, may be canceled or
3 suspended for a period not to exceed thirty (30) days by the
4 Oklahoma Tax Commission. The [Oklahoma] Tax Commission may refuse
5 the issuance of or extension or reinstatement of any license or
6 permit where the applicant or holder of the license or permit
7 shall have violated any provisions of [this act] Section 1401 et
8 seq. of this title or existing laws. Such cancellation or refusal
9 shall be mandatory as to any junk dealer having been convicted of
10 three separate violations of [this act] Section 1401 et seq. of
11 this title. However, before the [Oklahoma] Tax Commission may
12 cancel or suspend any license or permit or refuse the issuance,
13 reinstatement or extension thereof, the [Oklahoma] Tax Commission
14 shall give each holder of a license or permit or applicant ten
15 (10) days' notice of a hearing before the [Oklahoma] Tax Commission,
16 granting such person an opportunity to show cause why such action
17 should not be taken. Upon notice given to any junk dealer by the
18 [Oklahoma] Tax Commission of its intention to cancel or suspend any
19 license or permit or to refuse the issuance, reinstatement or
20 extension thereof, the [Oklahoma] Tax Commission shall have the
21 authority to enter its order suspending such license or permit or
22 prohibiting the applicant from doing business without a license or
23 permit pending the final hearing before it as provided for in this
24 section.
25 B. 1. After notice of the order of suspension or prohibition
26 from doing business, it shall be unlawful for the junk dealer to
27 further engage in the business of a junk dealer, as defined herein.
11
1 In the event any such person shall conduct or at any time continue
2 such unlawful operation, after notice of suspension or prohibition
3 from doing business, the [Oklahoma] Tax Commission may institute or
4 cause to be brought against such person or persons proceedings for
5 injunction in any court of competent jurisdiction to enjoin and
6 restrain such person or persons from doing business pending the
7 order of the [Oklahoma] Tax Commission.
8 2. Upon cancellation of a license or permit by the
9 [Oklahoma ]Tax Commission, no new license or permit shall be
10 issued to such dealer for a period of one (1) year from the date of
11 cancellation.
12 3. In all cases where proceedings are brought for injunction
13 under [this act] Section 1401 et seq. or this title, no bond for
14 injunction shall be required and in all such cases, after notice of
15 suspension has been given, no further notice shall be required
16 before the issuance of a temporary restraining order on any
17 proceeding for injunction.
18 C. If an appeal is taken from the order of the [Oklahoma] Tax
19 Commission issued pursuant to this section, the junk dealer, in
20 order to conduct business as a junk dealer pending outcome of the
21 appeal, shall be required to post a bond in the amount of Five
22 Thousand Dollars ($5,000.00).
23 SECTION 11. NEW LAW A new section of law to be
24 codified in the Oklahoma Statutes as Section 1404A of Title 59,
25 unless there is created a duplication in numbering, reads as
26 follows:
27 All monies collected pursuant to the provisions of Section
12
1 1402 of Title 59 of the Oklahoma Statutes shall be deposited in the
2 Oklahoma Tax Commission Fund, created pursuant to Section 221 of
3 Title 62 of the Oklahoma Statutes, and used for the purpose of
4 implementing the provisions of this act. The Oklahoma Tax
5 Commission is authorized to promulgate rules, employ personnel and
6 otherwise expend funds as necessary to implement the provisions of
7 this act.
8 SECTION 12. AMENDATORY 59 O.S. 2001, Section 1406, is
9 amended to read as follows:
10 Section 1406. [(a)] A. Every junk dealer shall keep a
11 separate book or register in which [he] such junk dealer shall
12 enter the following information: Name of seller, address, [age,]
13 photocopy of sellers driver license [number], or, if [driver's]
14 driver license not available, similar definite identification of
15 the person or persons from whom [thirty-five (35)] ten (10) pounds
16 or more of copper or copper alloy utilized by persons, firms,
17 corporations or municipal corporations engaged in the transmission
18 and distribution of electric energy, or engaged in telephone,
19 telegraph or other communications is purchased; license tag number
20 of vehicle or conveyance in which such material is delivered; the
21 date and place of each purchase of such copper or copper alloy; the
22 description [should] shall include the weight of said copper or
23 copper alloy purchased, including whether the same is in wire,
24 cable, bars, rods, or tubing and, if any installation is
25 thereon, the names and addresses of the persons, groups of persons
26 or corporations from whom seller purchased said copper or copper
27 alloy. Such book or register shall be made available to any law
13
1 enforcement official or the representatives of persons, firms,
2 corporations or municipal corporations described above for
3 inspection at any time.
4 [(b)] B. A junk dealer who purchases copper material shall
5 also report, in writing, all purchases of [thirty-five (35)] ten
6 (10) pounds or more of copper material not exempt from the
7 [ten-day] required holding period to the sheriff of the county in
8 which [said] such purchases are made, if requested in writing by
9 [said] the sheriff. The report shall be made in writing to said
10 sheriff within forty-eight (48) hours after any such purchase is
11 made and shall contain all of the information required to be
12 maintained in the book or register provided for herein.
13 SECTION 13. AMENDATORY 59 O.S. 2001, Section 1406A, is
14 amended to read as follows:
15 Section 1406A. A. Every junk dealer shall keep a separate
16 book or register in which the junk dealer shall enter the following
17 information: name, address, [age,] photocopy of driver license
18 [number], or, if driver license is not available, similar definite
19 identification, as approved by rule of the Oklahoma Tax Commission,
20 of the person or persons from whom a vehicle is purchased; license
21 tag number of vehicle or conveyance in which delivered; the date and
22 place of each purchase of a vehicle; and a description of the
23 vehicle purchased including make, model, vehicle identification
24 number and license tag number. The person selling the vehicle shall
25 be required to present to the junk dealer the title of the vehicle
26 verifying ownership of the vehicle or a verified bill of sale from
27 the owner of the vehicle or other proof of ownership. Such book or
14
1 register shall be made available to any law enforcement official for
2 inspection at any time.
3 B. Any purchases, transfers or handling between junk dealers
4 with permits and/or licensed automotive dismantlers and parts
5 recyclers shall be exempt from the provisions of this section.
6 SECTION 14. AMENDATORY 59 O.S. 2001, Section 1407, is
7 amended to read as follows:
8 Section 1407. Each purchase of [thirty-five (35)] ten (10)
9 pounds or more of copper or copper alloy utilized by persons, firms,
10 corporations or municipal corporations engaged in the transmission
11 and distribution of electric energy, or engaged in telephone,
12 telegraph or other communications shall be held separate and apart
13 so that such copper and copper alloy shall be readily identifiable
14 from all other purchases for a period of not less than [ten (10)
15 said ten-day] the holding period;
21 provided, however, that all such purchases made from persons, firms,
22 corporations or municipal corporations who construct, operate,
23 maintain or sell electric distribution and transmission
24 communications facilites, or produce scrap copper material in the
25 normal course of business [or the sale of copper material by one
26 licensed junk dealer to another] are not subject to [said ten-day]
27 the holding period; but there shall be required from such persons,
15
1 firms, corporations or municipal corporations a bill of sale or
2 other written evidence of title of such purchases.
3 SECTION 15. AMENDATORY 59 O.S. 2001, Section 1408, is
4 amended to read as follows:
5 Section 1408. A. Anyone acting as a junk dealer without a
6 license or permit, as required by Section 1402 of this title, is
7 guilty of a misdemeanor and, upon conviction thereof, is subject to
8 a fine of [Fifty Dollars ($50.00)] Five Thousand Dollars
9 ($5,000.00) or by imprisonment in the custody of the Department of
10 Corrections or the county jail for a period of not more than six (6)
11 months, or by both such fine and imprisonment; provided that each
12 day's operation without a license constitutes a separate offense.
13 Any person convicted of a second or subsequent violation of this
14 subsection shall be deemed guilty of a felony and upon conviction
15 shall be subject to a fine of Ten Thousand Dollars ($10,000.00) or
16 by imprisonment in the custody of the Department of Corrections or
17 the county jail for a period of not more than two (2) years, or by
18 both such fine and imprisonment.
19 B. Any junk dealer failing to maintain records, as required
20 by Section 1406 and 1406A of this title [and Section 6 of this
21 act], and any junk dealer failing to hold copper material, as
22 required by Section 1407 of this title, is guilty of a misdemeanor
23 and, upon conviction thereof, is subject to a fine of Five Hundred
24 Dollars ($500.00). Each separate purchase or transfer of a vehicle
25 in violation of Section [6] 1406A of [this act] this title shall
26 be considered a separate violation of this section.
27 C. Any person who knowingly gives false information with
16
1 respect to the information required in Section 1406 and 1406A of
2 this title [and in Section 6 of this act] is guilty of a misdemeanor
3 and, upon conviction thereof, is subject to a fine [not to exceed
4 Five Hundred Dollars ($500.00)] of Five Thousand Dollars
5 ($5,000.00) or by imprisonment in the custody of the Department of
6 Corrections or the county jail for a period not to exceed six (6)
7 months or by both such fine and imprisonment. Any person convicted
8 of a second or subsequent violation of this section shall be deemed
9 guilty of a felony and upon conviction shall be subject to a fine of
10 Ten Thousand Dollars ($10,000.00), or by imprisonment in the custody
11 of the Department of Corrections or county jail for a period not to
12 exceed two (2) years, or by both such fine and imprisonment.
13 D. Each conviction of a junk dealer for violation of any
14 provision of [this act] Section 1401 et seq. of this title shall
15 be reported to the Oklahoma Tax Commission by the clerk of the court
16 rendering such verdict.
17 SECTION 16. AMENDATORY 59 O.S. 2001, Section 1410, is
18 amended to read as follows:
19 Section 1410. A. Every junk dealer shall keep a separate
20 book or register in which the dealer shall enter the [following]
21 information[: Name, address, age, driver's license number, or, if
22 driver's license not available, similar definite identification of
23 the person or persons] as required by Section 1406 of this title
24 from whom [thirty-five (35)] ten (10) pounds or more of aluminum
25 is purchased; [license tag number of vehicle or conveyance in which
26 delivered;] the date and place of each purchase of such aluminum; a
27 description including the weight of the aluminum purchased, the
17
1 names and addresses of the persons, groups of persons or
2 corporations from whom seller purchased said aluminum. The book or
3 register shall be made available to any law enforcement official for
4 inspection at any time.
5 B. A junk dealer who purchases aluminum shall also report, in
6 writing, all purchases of [thirty-five (35)] ten (10) pounds or
7 more of aluminum to the sheriff of the county in which the purchases
8 are made, if requested in writing by the sheriff. The report shall
9 be made in writing to the sheriff within forty-eight (48) hours
10 after said request is made and shall contain all of the information
11 required to be maintained in the book or register provided for in
12 this section.
13 C. The provisions of this section shall not apply to the sale
14 or purchase of aluminum beverage cans which are obtained for
15 recycling purposes.
16 SECTION 17. AMENDATORY 59 O.S. 2001, Section 1411, is
17 amended to read as follows:
18 Section 1411. A. Any license issued pursuant to Section
19 1402 of this title or permit, issued pursuant to Section 1364 of
20 Title 68 of the Oklahoma Statutes, to any junk dealer who violates
21 any of the provisions of Section 1410 of this title relating to
22 purchases of aluminum material, or of Section [6 of this act] 1406A
23 of this title relating to maintenance of records of purchased
24 vehicles and procedures related thereto, may be canceled or
25 suspended for a period not to exceed thirty (30) days by the
26 Oklahoma Tax Commission. The [Oklahoma] Tax Commission may refuse
27 the issuance of or extension or reinstatement of any license or
18
1 permit where the applicant or holder of the license or permit has
2 violated any of the provisions of Section 1410 of this title or
3 existing laws. Before the [Oklahoma] Tax Commission may cancel or
4 suspend any license or permit or refuse the issuance,
5 reinstatement or extension of a license or permit, the [Oklahoma]
6 Tax Commission shall give each holder of a license or permit or
7 applicant ten (10) days' notice of a hearing before the [Oklahoma]
8 Tax Commission, granting the person an opportunity to show cause why
9 such action should not be taken. Upon notice given to any junk
10 dealer by the [Oklahoma] Tax Commission of its intention to cancel
11 or suspend any permit or to refuse the issuance, reinstatement or
12 extension of a license or permit, the [Oklahoma] Tax Commission
13 may enter its order suspending such license or permit or
14 prohibiting the applicant from doing business without a license or
15 permit pending the final hearing before it as provided for in this
16 section.
17 B. 1. After notice of the order of suspension or prohibition
18 from doing business, it shall be unlawful for the junk dealer to
19 further engage in the business of a junk dealer. If any such person
20 shall conduct or at any time continue such unlawful operation, after
21 notice of suspension or prohibition from doing business, the
22 [Oklahoma] Tax Commission may institute or cause to be brought
23 against such person or persons proceedings for injunction in any
24 court of competent jurisdiction to enjoin and restrain such person
25 or persons from doing business pending the order of the [Oklahoma]
26 Tax Commission.
27 2. Upon cancellation of a license or permit by the
19
1 [Oklahoma] Tax Commission, no new license or permit shall be
2 issued to such dealer for a period of one (1) year from the date of
3 the cancellation.
4 3. In all cases where proceedings are brought for injunction
5 pursuant to this section, no bond for injunction shall be required
6 and in all such cases, after notice of suspension has been given, no
7 further notice shall be required before the issuance of a temporary
8 restraining order on any proceeding for injunction.
9 C. If an appeal is taken from the order of the [Oklahoma] Tax
10 Commission issued pursuant to this section, the junk dealer, in
11 order to conduct business as a junk dealer pending the outcome of
12 the appeal, shall be required to post a bond in the amount of Five
13 Thousand Dollars ($5,000.00).
14 SECTION 18. REPEALER 21 O.S. 2001, Section 1043, is
15 hereby repealed.
16 SECTION 19. This act shall become effective July 1, 2007.
17 SECTION 20. It being immediately necessary for the
18 preservation of the public peace, health and safety, an emergency is
19 hereby declared to exist, by reason whereof this act shall take
20 effect and be in full force from and after its passage and approval.
21 COMMITTEE REPORT BY: COMMITTEE ON ENERGY & ENVIRONMENT, dated
22 2-22-07 - DO PASS, As Amended and Coauthored.
23 Req. No. \*Req. No.*\Page 18
24 SB795 SFLR1State Senate
25 (Bold face denotes Committee Amendments)
20