SENATE BILL 1024

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO CRIMINAL OFFENSES; REQUIRING PROOF OF OWNERSHIP FOR OIL AND GAS EQUIPMENT; PROHIBITING TAMPERING WITH IDENTIFICATION NUMBERS; PROVIDING FOR INJUNCTIVE RELIEF; PRESCRIBING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Oil and Gas Equipment Sales Act"."

     Section 2. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Oil and Gas Equipment Sales Act:

          A. "acquisition" or "acquire" includes purchase, exchange or other means of lawful acquisition of oil and gas equipment;

          B. "buyer" means a person who buys for money or other consideration or otherwise receives oil and gas equipment from a seller;

          C. "oil and gas equipment" means equipment that is used in the exploration, production or transportation of oil and gas; and

          D. "seller" means a person who sells, exchanges or otherwise transfers ownership of oil and gas equipment."

     Section 3. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] BILL OF SALE--REQUIRED INFORMATION.--

          A. Oil and gas equipment shall not be sold or acquired except by bill of sale or other proof of ownership. The buyer shall be given a proof of ownership at the time of acquisition, and the seller and the buyer shall each retain a copy of the proof of ownership for their records for a minimum of five years.

          B. The proof or ownership shall include:

                (1) the names and addresses of the seller and the buyer;

                (2) the serial number, if available, or other identifying marks or characteristics of the oil and gas equipment;

                (3) the kind, make, size, weight, length and quantity of all material involved in the sale, if applicable;

                (4) the date of the acquisition, if different from the date of the bill of sale; and

                (5) the location of the oil and gas equipment at the time of acquisition.

     Section 4. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] TAMPERING WITH IDENTIFICATION NUMBERS PROHIBITED.--

          A. As used in this section, "tampering with identification numbers" means:

                (1) knowingly or intentionally removing, altering or obliterating the serial number or other permanent identification marking on oil and gas equipment; or

                (2) possessing, selling or offering for sale oil and gas equipment when:

                     (a) the person possessing, selling or offering to sell knows that the serial number or other permanent identification marking has been removed, altered or obliterated; or

                     (b) a reasonable person in the position of the person possessing, selling or offering to sell would have known that the serial number or other permanent identification marking has been removed, altered or obliterated.

          B. Tampering with identification numbers is prohibited."

     Section 5. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] INSPECTION.--The proof of ownership required by the Oil and Gas Equipment Sales Act shall be available for inspection by the attorney general or any law enforcement agency at all reasonable times."

     Section 6. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] CRIMINAL PENALTY--INJUNCTION.--

          A. A person who violates the provisions of the Oil and Gas Equipment Sales Act or who intentionally interferes with an inspection pursuant to that act when the value of the oil or gas equipment is:

                (1) one hundred dollars ($100) or less is guilty of a petty misdemeanor;

                (2) over one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor;

                (3) over one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony;

                (4) over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony; or

                (5) over twenty thousand dollars ($20,000) is guilty of a second degree felony.

          B. The attorney general or a district attorney may petition the district court to enjoin a buyer or seller from engaging in business until it complies with the requirements the court deems necessary to prevent violation of the Oil and Gas Equipment Sales Act."

     Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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