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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3096 By: Hilbert
AS INTRODUCED
An Act relating to scrap metal; amending 2 O.S. 2021,
Section 11-92, which relates to the Oklahoma Scrap
Metal Dealers Act; adding requirement for purchase of
used motor vehicle; prohibiting destruction of
vehicle for certain time; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 11-92, is
amended to read as follows:
Section 11-92. A. Every scrap metal dealer shall keep a
separate book, record or other electronic recording system as
authorized by the Oklahoma Scrap Metal Dealers A ct, to record and
maintain the following data from any seller of any amount of scrap
metal as defined by the Oklahoma Scrap Metal Dealers Act:
1. A legible photocopy of the seller 's driver license or
government-provided photo identification, issued by the United
States government, State of Oklah oma, or any other state of the
United States, or any other federally recognized identification that
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contains his or her name , and date of birth; provided, that if the
photo identification does not contain an address , an address shall
be provided;
2. Vehicle description and license tag number, or vehicle
identification number if no state license plate is affixed, if the
vehicle was used to transport the material being so ld;
3. Date and place of the transaction and the transaction number
as provided by the scrap metal dealer;
4. Description of the items sold and weight of the items as
required by the provisions of the Oklahoma Scrap Metal Dealers Act;
5. Whether the scrap metal is in wire, cable, bar, rod, sheet
or tube form; and
6. The digital image of t he items purchased and the digital
image of the seller. The digital image shall contain depictions
that clearly identify the items sold and are captured in the common
JPEG format. The digital image shall be retai ned by the purchaser
for a minimum of nine ty (90) days from the date of purchase.
B. Municipalities or other political subdivisions may designate
the reporting methods and the format of the information require d by
subsection A of this section, either writ ten, electronic or
Internet-based. The Oklahoma Department of Agriculture, Food, and
Forestry shall designate an Internet -based reporting method that
applies to all geographic areas of the state that are not s ubject to
a local designation for Internet rep orting.
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C. Records required by this secti on shall be retained for no
less than two (2) years from the date of transaction and shall be
made available at any time to any person authorized by law for such
inspection.
D. It shall be unlawful for any scrap m etal dealer to purchase
any item from a minor under the age of sixteen (16) without having
first obtained the consent, in writing, of a parent or guardian of
such minor. Such written consent shall be kept with the book,
record or other electronic recordin g system required by subsection A
of this section and, if requested by a law enforcement agency where
the purchase was made, shall be transmitted to the law enforcement
agency and may be kept as a permanent rec ord and made available for
public inspection.
E. A scrap metal dealer shall obtain from each seller of a
scrap metal item regulated by the Oklahoma Scrap Metal Dealers Act,
or a parent or guardian on behalf of a minor, a written declaration
of ownership containing a legible signature of the seller. The
declaration of ownership shall be in t he following form and shall
appear on the bill of sale or transaction ticket to be completed by
the seller in the presence of the purchaser at the time of the
transaction:
"I hereby affirm that I am the rightful ow ner of the hereon
described merchandise; o r I am an authorized representative of the
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rightful owner and affirm that I have been given authority by the
rightful owner to sell the hereon described merchandise.
I state under penalty of perjury under the laws of Oklahoma that
the foregoing is true and correct.
______________________________ __________________________
Signature Date and Place"
F. If requested by a law enforcement agency, a scrap metal
dealer shall report in writing all purchases of scrap metal as
defined by the Oklahoma Scrap Metal Dea lers Act within forty-eight
(48) hours following such purchase. The report shall contain all
the information required by this section.
G. 1. Prior to the purchase of a used motor vehicle, trailer
or nonmotorized recreational vehicle, the scrap metal dea ler shall
require one of the following forms of proof of ownership from the
person selling the used motor vehicle, trailer or nonmotorized
recreational vehicle:
1. A
a. a certificate of title that matches the vehicle
identification number of the vehicle b eing sold;,
2. A
b. a notarized power of attorney from the individual on
the certificate of title authorizing the seller to
dispose of the vehicle on behalf of the owner ;, or
3. A
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c. a statement of ownership from the seller stating t hat
the vehicle was purchased from the lawful owner,
accompanied by a bill of sale from the lawful owner
including a statement that there are no outstanding
liens on the vehicle, and a statement that the vehicle
is inoperable or incapable of operation or u se on the
highway and has no resale value except as scrap.
2. A scrap metal dealer shall obtain the vehicle identification
number of the used motor vehicle and confirm with law enforce ment
that the vehicle is not stolen at least twenty-four (24) hours prior
to the destruction of the vehicle. No vehicle shall be destroyed
for at least seven ( 7) days after the date of purchase.
3. The provisions of this subsection shall not apply to sales,
purchases or other transfers of vehicles between scrap metal dealers
and licensed automotive dismantlers and parts recyclers, licensed
crushers, salvage dealers, used car dealers and licensed wreckers.
H. A scrap metal dealer shall not enter into any cash
transactions in excess of One Thousand Dollars ($1,000.00) in
payment for the purchase of scrap metal that is listed in subsection
C of Section 11-93 of this title unless the transaction is made with
an exempted seller. Payment by check shall be issued and made
payable only to the seller of the scrap metal whose identification
information has been obtained pursuant to the provisions of t his
section.
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I. The following shall be exempt from this section:
1. Scrap metal hauled by a scrap metal dealer for an exempted
seller in a motor vehicle registered with the Oklahoma Department of
Transportation; and
2. Material delivered by an exempted seller with a check made
payable to the company of the exempted seller.
SECTION 2. This act shall become effectiv e November 1, 2022.
58-2-8852 LRB 12/27/21