A. Every scrap metal dealer shall keep a separate book, record or other electronic system as authorized by the Oklahoma Scrap Metal Dealers Act, 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 Oklahoma, or any other state of the United States, or any other federally recognized identification that 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 sold;
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 the 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 retained by the purchaser for a minimum of ninety (90) days from the date of purchase.
B. Municipalities or other political subdivisions may designate the reporting methods and the format of the information required by subsection A of this section, either written, 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 subject to a local designation for Internet reporting.
C. Records required by this section 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 metal 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 recording 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 record 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 the 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 owner of the hereon described merchandise; or I am an authorized representative of the 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.
________________________________________________________
SignatureDate 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 Dealers Act within forty-eight (48) hours following such purchase. The report shall contain all the information required by this section.
G. Prior to the purchase of a used motor vehicle, trailer or nonmotorized recreational vehicle, the scrap metal dealer 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 certificate of title that matches the vehicle identification number of the vehicle being sold;
2. 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 statement of ownership from the seller stating that 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 use on the highway and has no resale value except as scrap.
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 this section.
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.
Added by Laws 2008, c. 391, § 3, eff. Nov. 1, 2008. Amended by Laws 2013, c. 230, § 3, eff. Nov. 1, 2013. Renumbered from § 1423 of Title 59 by Laws 2014, c. 18, § 5, eff. Nov. 1, 2014. Amended by Laws 2016, c. 101, § 1, eff. Nov. 1, 2016; Laws 2017, c. 42, § 1; Laws 2018, c. 23, § 1, eff. Nov. 1, 2018; Laws 2021, c. 181, § 3, eff. Nov. 1, 2021.
NOTE: Laws 2016, c. 133, § 1 repealed by Laws 2017, c. 42, § 2.