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; or
(3) material readily identifiable as bronze;
C. "business day" means any calendar day except Sunday and the following holidays: New Year's day; President's day; Memorial day; Independence day; Labor day; Indigenous Peoples' day; Armistice day and 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; or
(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. "lead material" means:
(1) a lead-acid battery; or
(2) material readily identifiable as being made of or containing lead;
G. "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 a political subdivision of the state;
H. "personal identification document" means:
(1) a driver's license;
(2) a military identification card; or
(3) a passport issued by the United States or by another country and recognized by the United States;
I. "regulated material" means:
(1) aluminum material;
(2) bronze material;
(3) copper or brass material;
(4) steel material;
(5) lead material;
(6) a utility access cover;
(7) a water meter cover;
(8) a road or bridge guard rail;
(9) a highway or street sign;
(10) a traffic directional or control sign or signal; or
(11) a catalytic converter that is not part of an entire motor vehicle;
J. "secondhand metal dealer" means a scrap metal processor in the business of operating or maintaining a scrap metal yard in a physical location in which scrap metal or cast-off regulated material is purchased for shipment, sale or transfer;
K. "steel material" means a product made from an alloy of iron, chromium, nickel or manganese, including stainless steel beer kegs; and
L. "superintendent" means the superintendent of regulation and licensing.
History: Laws 2008, ch. 29, § 2; 2012, ch. 29, § 2; 2012, ch. 33, § 2; 2016, ch. 51, § 1; 2019, ch. 123, § 3.
ANNOTATIONSThe 2019 amendment, effective July 1, 2019, in Subsection C, after "New Year's day", deleted "Washington's birthday" and added "President's day", after "Labor day", deleted "Columbus" and added "Indigenous Peoples'", and after the next occurrence of "day", added "Armistice day and".
The 2016 amendment, effective May 18, 2016, amended the Sale of Recycled Metals Act to include "lead material"; added a new Subsection F and redesignated the succeeding subsections accordingly; and in Subsection I, added new Paragraph (5) and redesignated the succeeding paragraphs accordingly.
The 2012 amendment, effective July 1, 2012, eliminated personal identification certificates as a personal identification document; expanded the types of materials that are regulated; simplified the definition of "secondhand metal dealer"; in Subsection C, after "Sunday and the following", deleted "business"; in Subsection G, deleted former Paragraph (4), which provided that personal identification certificates issued by the department or another state were personal identification documents; in Subsection H, added Paragraphs (5) through (10); and in Subsection I, after "means", deleted the paragraph designation of former Paragraph (1) and "an auto wrecker", after "scrap metal processor", deleted "or other person that purchases, collects or solicits regulated material; and" and deleted the paragraph designation of former Paragraph (2) and "a person who operates or maintains a scrap metal yard, or other place" and added "in the business of operating or maintaining a scrap metal yard in a physical location", and after "regulated metal is", deleted "collected or kept" and added "purchased".