SENATE BILL 463
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Clinton D. Harden
AN ACT
RELATING TO THE SALE OF RECYCLED METALS; ENACTING THE SALE OF RECYCLED METALS ACT; REGULATING THE SALE OF CERTAIN RECYCLED METALS; PROVIDING FOR PENALTIES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Sale of Recycled Metals Act".
Section 2. DEFINITIONS.--As used in the Sale of Recycled Metals Act:
A. "aluminum material" means a product made from aluminum, an aluminum alloy or an aluminum byproduct. The term includes an aluminum beer keg but does not include other types of aluminum cans used to contain a food or beverage;
B. "bronze material" means:
(1) a cemetery vase, receptacle or memorial made from bronze;
(2) bronze statuary; and
(3) material readily identifiable as bronze;
C. "copper or brass material" means:
(1) insulated or noninsulated copper wire or cable of the type used by a public utility or common carrier that consists of at least fifty percent copper; and
(2) a copper or brass item of a type commonly used in construction or by a public utility;
D. "department" means the department of public safety;
E. "peace officer" means any full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department that is part of or administered by the state or any political subdivision of the state;
F. "personal identification document" means:
(1) a driver's license;
(2) a military identification card;
(3) a passport issued by the United States or by another country and recognized by the United States; and
(4) a personal identification certificate issued by the department, or a corresponding card or certificate issued by another state;
G. "regulated material" means:
(1) aluminum material;
(2) bronze material; and
(3) copper or brass material; and
H. "secondhand metal dealer" means:
(1) an auto wrecker, a scrap metal processor or other person or organization that purchases, collects or solicits regulated material; and
(2) a person who operates or maintains a scrap metal yard or other place in which scrap metal or cast-off regulated material is collected or kept for shipment, sale or transfer.
Section 3. NOTICE TO SELLERS.--
A. A secondhand metal dealer shall at all times maintain in a prominent place in the dealer's place of business, in open view to a seller of regulated material, a notice in two-inch lettering that:
(1) includes the following language:
"A PERSON ATTEMPTING TO SELL REGULATED MATERIAL MUST
PRESENT SUFFICIENT IDENTIFICATION AS REQUIRED BY STATE LAW.
WARNING: STATE LAW PROVIDES A CRIMINAL PENALTY FOR A PERSON WHO INTENTIONALLY PROVIDES A FALSE DOCUMENT OF IDENTIFICATION OR OTHER FALSE INFORMATION TO A SECONDHAND METAL DEALER WHILE ATTEMPTING TO SELL REGULATED MATERIAL."; and
(2) states the secondhand metal dealer's usual business hours.
B. The notice required by this section may be contained on a sign that contains another notice if the secondhand metal dealer is required to display another notice pursuant to applicable law.
Section 4. INFORMATION PROVIDED BY SELLER.--
A. A person attempting to sell regulated material to a secondhand metal dealer shall:
(1) display to the secondhand metal dealer the person's personal identification document or sign a statement that the person does not possess such a document; and
(2) sign a written statement provided by the secondhand metal dealer that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale.
B. The secondhand metal dealer or the dealer's agent shall visually verify the accuracy of the identification presented by the seller at the time of the dealer's purchase of regulated material.
Section 5. RECORD OF PURCHASE.--
A. A secondhand metal dealer in this state shall keep an accurate and legible written record of each purchase made in the course of the dealer's business from an individual of:
(1) copper or brass material in excess of twenty-five pounds;
(2) bronze material; or
(3) aluminum material in excess of forty pounds.
B. The record shall be in English and shall include:
(1) the place and date of the purchase;
(2) the name and address of each individual from whom the regulated material is purchased or obtained;
(3) the identifying number of the personal identification document of each individual from whom the regulated material is purchased or obtained;
(4) a description made in accordance with the custom of the trade of the type and quantity of regulated material purchased; and
(5) the statement required by Paragraph (2) of Subsection A of Section 4 of the Sale of Recycled Metals Act.
Section 6. PRESERVATION OF RECORDS.--A secondhand metal dealer shall preserve each record required by Section 5 of the Sale of Recycled Metals Act until the third anniversary of the date the record was made.
Section 7. INSPECTION OF RECORDS BY PEACE OFFICERS.--
A. Upon request, a secondhand metal dealer shall permit a peace officer of this state to inspect during the dealer's usual business hours:
(1) records required by Section 5 of the Sale of Recycled Metals Act; and
(2) regulated material in the dealer's possession.
B. The inspecting peace officer shall inform the dealer of the officer's status as a peace officer.
Section 8. FURNISHING OF REPORT TO DEPARTMENT.--
A. Except as provided by Subsection B of this section, not later than the seventh day after the date of the purchase or other acquisition of material for which a record is required pursuant to Section 5 of the Sale of Recycled Metals Act, a secondhand metal dealer shall mail to or file with the department a report containing the information required to be recorded pursuant to that section.
B. If a secondhand metal dealer purchases bronze material that is a cemetery vase, receptacle or memorial or bronze statuary; or aluminum material that is a pipe that can reasonably be identified as aluminum irrigation pipe, the dealer shall:
(1) not later than the close of business on the dealer's first working day after the purchase date, orally notify the department; and
(2) not later than the fifth day after the purchase date, mail to or file with the department a report containing the information required to be recorded pursuant to Section 5 of the Sale of Recycled Metals Act.
C. Subsection B of this section does not apply to a purchase from:
(1) the manufacturer or fabricator of the bronze material or pipe;
(2) a seller bearing a bill of sale for the bronze material or pipe; or
(3) the owner of the bronze material or pipe.
Section 9. PLACEMENT OF ITEMS ON HOLD.--
A. A peace officer who has reasonable suspicion to believe that an item of regulated material in the possession of a secondhand metal dealer is stolen may place the item on hold by issuing to the dealer a written notice that:
(1) specifically identifies the item alleged to be stolen and subject to the hold; and
(2) informs the dealer of the requirements of Subsection B of this section.
B. On receiving the notice, the secondhand metal dealer shall not process or remove from the dealer's premises the identified item before the eleventh day after the date the notice is issued unless the hold is released at an earlier time in writing by a peace officer or by a court order.
C. After the holding period expires, the secondhand metal dealer may dispose of the item unless disposition violates a court order.
Section 10. PROHIBITED ACTS.--A person shall not, with the intent to deceive:
A. display to a secondhand metal dealer a false or invalid personal identification document in connection with the person's attempted sale of regulated material; or
B. make a false material statement or representation to a secondhand metal dealer in connection with:
(1) that person's execution of a written statement required by Subsection A of Section 4 of the Sale of Recycled Metals Act; or
(2) the dealer's efforts to obtain the information required pursuant to Subsection B of Section 5 of the Sale of Recycled Metals Act.
Section 11. PENALTIES.--
A. A person commits an offense if the person knowingly violates the Sale of Recycled Metals Act.
B. A person who violates the provisions of Subsection A of this section is:
(1) upon the first conviction, guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and
(2) upon a second or subsequent conviction within the thirty-six months preceding the date of the offense, guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
C. On the conviction of a secondhand metal dealer for an offense punishable pursuant to Paragraph (2) of Subsection B of this section, a court, in addition to imposing any other applicable penalty, may order that the dealer cease doing business as a secondhand metal dealer for a period not to exceed thirty days from the date of the order for each violation that forms the basis of the conviction.
Section 12. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 2009 to carry out the provisions of the Sale of Recycled Metals Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
Section 13. SEVERABILITY.--If any part or application of the Sale of Recycled Metals Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
Section 14. APPLICABILITY.--The provisions of the Sale of Recycled Metals Act shall not apply to a purchase of regulated material from a manufacturing, industrial or other commercial vendor that sells regulated material in the ordinary course of the vendor's business.
Section 15. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.
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