STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 662	By:	Sparks

AS INTRODUCED

An Act relating to scrap metal; amending 59 O.S. 2011, Section 1425, which relates to penalties for violation of the Oklahoma Scrap Metal Dealers Act; updating statutory references; modifying penalty; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 1425, is amended to read as follows:
Section 1425.  A.  Any person found in violation of any provision of this act the Oklahoma Scrap Metal Dealers Act, with the exceptions as provided by subsections B, C and D of this section, shall, upon conviction, be deemed guilty of a misdemeanor and punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) per offense.  A second violation of this act the Oklahoma Scrap Metal Dealers Act shall, upon conviction, be deemed guilty of a misdemeanor and punished by a fine of not more than Five Thousand Dollars ($5,000.00) per offense or by imprisonment in the county jail for a period of not more than six (6) months.  A third or subsequent violation of this act the Oklahoma Scrap Metal Dealers Act shall, upon conviction, be a felony punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) per offense or by imprisonment in the custody of the Department of Corrections for a period of not more than two (2) years, or by both such fine and imprisonment.
B.  Any person acting as a scrap metal dealer without a sales tax permit as required by this act the Oklahoma Scrap Metal Dealers Act shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not more than Five Hundred Dollars ($500.00), provided that each day of operation in violation of this act the Oklahoma Scrap Metal Dealers Act shall constitute a separate offense.
C.  Any person who knowingly provides false information with respect to the information required by Section 3 1423 of this act title shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not more than Five Hundred Dollars ($500.00).  Upon a second or subsequent conviction a person shall be guilty of a felony and punished by a fine of One Thousand Dollars ($1,000.00).
D.  Any person convicted of purchasing or selling burnt copper material or copper wire as prohibited by subsection G of Section 3 1423 of this act title shall, upon first conviction, be deemed guilty of a misdemeanor and punished by a fine of Two Thousand Five Hundred Dollars ($2,500.00).  A second or subsequent conviction shall be deemed a felony offense punishable by a fine of Five Thousand Dollars ($5,000.00) or by imprisonment in the custody of the Department of Corrections for a period of not more than two (2) years, or by both such fine and imprisonment.
E.  Each scrap metal dealer convicted of a violation of this act the Oklahoma Scrap Metal Dealers Act shall be reported to the Oklahoma Tax Commission by the clerk of the court rendering such verdict.
F.  The Tax Commission shall revoke the sales tax permit of any person convicted of three separate violations of this act the Oklahoma Scrap Metal Dealers Act, and he or she shall not be eligible to receive a sales tax permit for such purpose for a period of one (1) year following the revocation.  Such revocation procedure shall be subject to notice and hearing as required by Section 6 1426 of this act title.
SECTION 2.  This act shall become effective July 1, 2013.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-1058	MJM	1/16/2013 5:24:32 PM