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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.

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.

"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

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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

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certificate issued by another state;

H. "regulated material" means:

(1) aluminum material;

(2) bronze material;

(3) copper or brass material; and

(4) steel 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.

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:

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"A PERSON ATTEMPTING TO SELL REGULATED MATERIAL MUST

PRESENT SUFFICIENT IDENTIFICATION AS REQUIRED BY STATE LAW.

WARNING: STATE LAW PROVIDES A CIVIL FINE 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;

(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; and

(3) provide to the secondhand metal dealer

the year, make, model and license plate number of the motor

vehicle used to transport the regulated material.

B. The secondhand metal dealer or the dealer's

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agent shall visually verify the accuracy of the personal

identification document and vehicle 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, in a form

approved by the department, of each purchase made in the

course of the dealer's business from a person of:

(1) copper or brass material;

(2) bronze material;

(3) aluminum material in excess of ten

pounds; or

(4) steel material in excess of one ton,

except that a written record shall be kept of each purchase

of a stainless steel beer keg.

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 person from

whom the regulated material is purchased or obtained;

(3) the identifying number of the personal

identification document of each person from whom the

regulated material is purchased or obtained;

(4) the year, make, model and license plate

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number of the motor vehicle used to transport the regulated

material;

(5) a description made in accordance with

the custom of the trade of the type and quantity of regulated

material purchased; and

(6) 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 AND

DEPARTMENT.--

A. Upon request, a secondhand metal dealer shall

produce to a peace officer or an authorized employee of the

department during the dealer's usual business hours the

requested record of purchase as required by Section 5 of the

Sale of Recycled Metals Act.

B. The inspecting peace officer or authorized

employee of the department shall inform the secondhand metal

dealer of the person's status as a peace officer or

authorized employee of the department.

Section 8. FURNISHING OF REPORT TO DEPARTMENT.--Not

later than the second business day after the date of the

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purchase or other acquisition of regulated 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.

Section 9. PUBLIC DATABASE.--The department shall

establish and maintain an electronic database containing the

records required to be preserved pursuant to Section 6 of the

Sale of Recycled Metals Act, which database shall be

accessible to the public. Records received by the department

pursuant to Section 8 of the Sale of Recycled Metals Act

shall be available in the database by the end of the second

business day following receipt by the department.

Section 10. POWERS AND DUTIES OF SUPERINTENDENT.--The

superintendent has authority to promulgate reasonable

regulations for the administration and enforcement of the

Sale of Recycled Metals Act and is expressly authorized to

make regulations regarding records of purchase of regulated

material and the public database required pursuant to that

act.

Section 11. WAITING PERIOD FOR DISPOSAL OF REGULATED

MATERIAL.--A secondhand metal dealer shall not process or

permit to be removed from the dealer's premises regulated

material until the fifth business day after the date on which

the dealer acquired the regulated material.

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Section 12. 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 13. CIVIL 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.

Section 14. SEVERABILITY.--If any part or application

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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 15. 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 16. EFFECTIVE DATE.--The effective date of the

provisions of this act is January 1, 2009.