SENATE BILL 325
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Steven P. Neville
AN ACT
RELATING TO BUSINESS; REQUIRING THE LICENSURE OF SECONDHAND METAL DEALERS; PROHIBITING CERTAIN PRACTICES; PROVIDING FOR PENALTIES; CREATING THE RECYCLED METALS LICENSING FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 57-30-1 NMSA 1978 (being Laws 2008, Chapter 29, Section 1) is amended to read:
"57-30-1. SHORT TITLE.--[This act] Chapter 57, Article 30 NMSA 1978 may be cited as the "Sale of Recycled Metals Act"."
SECTION 2. Section 57-30-2 NMSA 1978 (being Laws 2008, Chapter 29, Section 2) is amended to read:
"57-30-2. 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. "Aluminum material" 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. "business day" means any calendar day except Sunday or the following business holidays: New Year's day, Washington's birthday, Memorial day, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day, Christmas day, Martin Luther King, Jr.'s birthday and any other legal public holiday of the state of New Mexico or the United States;
D. "copper or brass material" means:
(1) insulated or noninsulated copper wire, hardware or cable of the type used by a public utility, commercial mobile radio service carrier or common carrier that consists of at least twenty-five percent copper; and
(2) a copper or brass item of a type commonly used in construction or by a public utility, commercial mobile radio service carrier or common carrier;
E. "department" means the regulation and licensing department;
F. "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;
G. "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;
H. "regulated material" means:
(1) aluminum material;
(2) bronze material;
(3) copper or brass material; [and]
(4) steel material; and
(5) titanium material;
I. "secondhand metal dealer" means:
(1) an auto wrecker, a scrap metal processor or other person 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;
J. "steel material" means a product made from an alloy of iron, chromium, nickel or manganese, including stainless steel beer kegs; [and]
K. "superintendent" means the superintendent of regulation and licensing; and
L. "titanium material" means a product made from titanium or a titanium alloy."
SECTION 3. Section 57-30-13 NMSA 1978 (being Laws 2008, Chapter 29, Section 13) is amended to read:
"57-30-13. CIVIL PENALTY--CRIMINAL PENALTY.--
A. A person who violates any provision of the Sale of Recycled Metals Act may be assessed a civil penalty by the superintendent not to exceed one thousand dollars ($1,000) per violation.
B. Prior to the imposition of a civil penalty, the person being penalized shall be afforded notice and an opportunity to be heard by the superintendent pursuant to the pertinent notice and hearing provisions of the Uniform Licensing Act.
C. A secondhand metal dealer that buys or sells regulated material without a license required pursuant to the Sale of Recycled Metals Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."
SECTION 4. A new section of the Sale of Recycled Metals Act is enacted to read:
"[NEW MATERIAL] LICENSE REQUIRED.--A secondhand metal dealer shall not buy or sell regulated material without first having obtained a license pursuant to the Sale of Recycled Metals Act."
SECTION 5. A new section of the Sale of Recycled Metals Act is enacted to read:
"[NEW MATERIAL] LICENSE APPLICATION--FEES--LICENSE ISSUANCE--LICENSE RENEWAL.--
A. An application for a license to buy or sell regulated material or for a renewal of a license shall be made under oath, in writing in a form prescribed by the superintendent, and shall include:
(1) the full name and business address of the applicant;
(2) a list of the locations at which the applicant engages in or will engage in the business of buying or selling regulated material; and
(3) any other pertinent data that the superintendent may require by rule.
B. An application for a license and for the renewal of a license shall be accompanied by an application or renewal fee of one hundred dollars ($100). No license application or renewal fee shall be refunded.
C. A written application for the renewal of a license shall be filed on or before November 30 of the year three years following its date of issue. In the event that an application for the renewal of a license is delinquent, the licensee shall also pay a delinquency fee of fifty dollars ($50.00).
D. License fees received through the Sale of Recycled Metals Act are appropriated to the recycled metals licensing fund.
E. By accepting a license that is issued or renewed pursuant to the Sale of Recycled Metals Act, a licensee shall be deemed to have consented to be bound by the provisions of that act and all lawful requirements, rules and orders of the superintendent promulgated or issued pursuant to that act."
SECTION 6. A new section of the Sale of Recycled Metals Act is enacted to read:
"[NEW MATERIAL] REVOCATION, SUSPENSION AND REINSTATEMENT OF LICENSE.--
A. The superintendent shall not suspend or revoke a license issued pursuant to the Sale of Recycled Metals Act unless the superintendent first serves upon the licensee a written notice that states in general the grounds therefor, together with the time and place of hearing, which shall be held not less than fifteen days after the mailing of such notice to the licensee by registered mail as provided in this section. Following the hearing, the superintendent shall suspend or revoke a license if the superintendent finds that the licensee, either knowingly or without the exercise of due care to prevent the same, has violated a provision of the Sale of Recycled Metals Act or a rule or order made pursuant to and within the authority of that act.
B. If the superintendent finds that probable cause exists and that enforcement of the Sale of Recycled Metals Act requires immediate suspension of a license pending investigation, the superintendent may, upon three days' written notice by registered mail and a hearing, enter an order suspending a license for a period not exceeding thirty days.
C. Whenever the superintendent revokes or suspends a license issued pursuant to the Sale of Recycled Metals Act, the superintendent shall enter an order to that effect and shall forthwith in writing notify the licensee of the revocation or suspension by registered mail, which notice shall state the grounds therefor.
D. A licensee may surrender a license by delivering it to the superintendent with written notice of its surrender, but such surrender shall not affect any civil or criminal liability of the licensee for acts committed prior thereto.
E. No revocation, suspension or surrender of a license shall impair or affect the obligation of a preexisting lawful contract between the licensee and an obligor thereon.
F. The superintendent may reinstate a suspended license or issue a new license to a person whose license has been revoked if the facts that resulted in the revocation were erroneous.
G. Whenever the Sale of Recycled Metals Act provides for service of notice by registered mail, such service shall be deemed complete upon deposit of such notice in the post office. For the purpose of this section, mailing of notice addressed to the person designated as the agent for service of process pursuant to the Sale of Recycled Metals Act or to the manager or person in charge of the licensed office shall be sufficient."
SECTION 7. A new section of the Sale of Recycled Metals Act is enacted to read:
"[NEW MATERIAL] RECYCLED METALS LICENSING FUND--CREATED-- PURPOSE--APPROPRIATION.--The "recycled metals licensing fund" is created as a nonreverting fund in the state treasury and shall be administered by the department. The department may establish procedures and adopt rules as required to administer the recycled metals licensing fund. The fund consists of appropriations, grants, donations and money that otherwise accrues to the fund. Income from investment of the fund shall be credited to the fund. Money in the recycled metals licensing fund shall be appropriated to the department to enforce the provisions of the Sale of Recycled Metals Act. Money shall be disbursed from the fund only on warrant of the secretary of finance and administration upon vouchers signed by the superintendent or the superintendent's authorized representative. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund."
SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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