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 written proof that the regulated material was lawfully burned;

(2) regulated material where the manufacturer's make, model, serial or personal identification number or other identifying marks engraved or etched upon the material have been conspicuously removed or altered;

(3) regulated material marked with the name, initials or otherwise identified as the property of an electrical company, a telephone company, a cable company, a water company or other utility company, a railroad or a governmental entity;

(4) a utility access cover;

(5) a water meter cover;

(6) a road or bridge guard rail;

(7) a highway or street sign;

(8) a traffic directional or control sign or signal;

(9) a metal beer keg that is clearly marked as being the property of the beer manufacturer; or

(10) a catalytic converter that is not part of an entire motor vehicle.

B. The department shall promulgate rules that more specifically describe the type of documentation required before a secondhand metal dealer may engage in a transaction described in this section.

History: Laws 2012, ch. 29, § 16 and Laws 2012, ch. 33, § 16.

Effective dates. — Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 16 effective July 1, 2012.

Compiler's notes. — Laws 2012, ch. 29, § 16 and Laws 2012, ch. 33, § 16 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 16. See 12-1-8 NMSA 1978.