Chapter 57, Article 30 NMSA 1978 may be cited as the “Sale of Recycled Metals Act”. History: Laws 2008, ch. 29, § 1; 2012, ch. 29, § 1; 2012, ch. 33, § 1. ANNOTATIONS The 2012 amendment, effective July 1, 2012, changed the statutory reference to the act and at the beginning of the sentence, […]
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, […]
A secondhand metal dealer shall not process or permit to be removed from the dealer’s premises regulated material until at least twenty-four hours have elapsed since the dealer acquired the regulated material. History: Laws 2008, ch. 29, § 11; 2012, ch. 29, § 10; 2012, ch. 33, § 10. ANNOTATIONS The 2012 amendment, effective July […]
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; B. make a false material statement or representation to a secondhand metal dealer in connection with: (1) that person’s execution of a […]
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. The superintendent may suspend or revoke the registration of a secondhand metal dealer when the superintendent finds that the dealer has intentionally […]
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. History: Laws 2008, ch. 29, § 15. ANNOTATIONS Compiler’s notes. — Laws 2008, ch. 29, § 15 […]
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 […]
The department is authorized to issue registrations to secondhand metal dealers that buy or sell regulated material. Original and renewed registrations shall be valid for a period of three years from the date of issuance, unless the registration is suspended or revoked. History: Laws 2012, ch. 29, § 13 and Laws 2012, ch. 33, § […]
A. A secondhand metal dealer shall not buy or sell regulated material without a valid registration issued by the department. B. An application for registration shall be completed, under penalty of perjury, on a form designed and provided by the department and shall include: (1) the full name and business address of the applicant; (2) […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
A. As of January 1, 2014, a secondhand metal dealer shall, not later than the second business day after the date of the purchase or other acquisition of regulated material for which a record is required pursuant to Section 57-30-5 NMSA 1978, upload to the database maintained by the department a report containing the information […]
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 […]
