Section 57-30-9 – Database.
The department shall establish and maintain an electronic database containing the records required to be preserved pursuant to Section 57-30-6 NMSA 1978, which database shall be accessible to law enforcement agencies and the department. Records received by the department pursuant to Section 57-30-8 NMSA 1978 shall be available in the database by the end of […]
Section 57-30-10 – 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 database required pursuant to that act. History: Laws 2008, ch. 29, § 10; 2012, ch. 29, § 9; 2012, […]
Section 57-30-2.3 – Duties of secondhand metal dealers.
A. A secondhand metal dealer shall: (1) maintain a valid registration, issued by the department, and comply with the requirements of the Sale of Recycled Metals Act and rules promulgated pursuant to that act; (2) comply with all federal requirements for scrap metal dealers, including maintaining storm water permits; (3) register for the metal theft […]
Section 57-30-2.4 – Restricted transactions; additional documentation required.
A. A secondhand metal dealer shall not purchase any of the following without written documentation indicating that the seller is the rightful owner or has permission from the rightful owner or that the material was otherwise lawfully obtained: (1) infrastructure grade regulated material that has been burned to remove insulation, unless the seller can produce […]
Section 57-30-3 – 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 […]
Section 57-30-4 – 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 […]
Section 57-30-5 – 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 of: (1) copper or brass material; (2) bronze material; (3) lead material; (4) aluminum material in excess of ten pounds; or […]
Section 57-30-6 – Preservation of records.
A secondhand metal dealer shall preserve each record required by Section 57-30-5 NMSA 1978 until the first anniversary of the date the record was made. History: Laws 2008, ch. 29, § 6; 2012, ch. 29, § 5; 2012, ch. 33, § 5. ANNOTATIONS The 2012 amendment, effective July 1, 2012, changed the statutory reference to […]
Section 57-30-7 – Inspection of records by peace officers; holds on property.
A. Upon request, a secondhand metal dealer shall produce to a peace officer during the dealer’s usual business hours the requested record of purchase as required by Section 57-30-5 NMSA 1978. B. If a peace officer determines, through an investigation or examination of the records kept by the secondhand metal dealer, that the dealer may […]
Section 57-28-9 – Repealed.
History: Laws 2001, ch. 68, § 9; repealed by Laws 2007, ch. 213, § 6. ANNOTATIONS Repeals. — Laws 2007, ch. 213, § 6 repealed 57-28-9 NMSA 1978, as enacted by Laws 2001, ch. 68, § 9, relating to disputes, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on […]