Recycling Reporting Act of 2006 (P.L. 15-36)

GOV.COMM. /r•/11 (HOUSEi COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benigno R. Fitial Timothy P. Villagomez Lieutenant Governor Governor The Honorable Oscar M. Babauta Speaker, House of Representatives Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Joseph M. Mendiola Senate President, The Senate Fifteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. Speaker and Mr. President: NOV 6 2006 This is to inform you that I have signed into law House Bill No. 15-164, HDl, SDI, entitled, "To regulate recycling businesses operating in the Commonwealth; and for other purposes." The bill was passed by House of Representatives and the Senate of the Fifteenth Northern Marianas Comm.onwealth Legislature. This bill becomes Public Law No. 15-36. Copies bearing my signature are forwarded for your reference. Sincerely, Cc: Attorney General, Office of the Attorney General Secretary, Department of Commerce Commissioner, Department of Public Safety Secretary, Department of Finance Executive Director, Commonwealth's Law Revision Commission Special Assistant for Programs and Legislative Review Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-2211/2311 BOUSE OF ltEPBESENT&'l'IVES FlFTEENTB NOB.TBEJ.lN M.l.1wlNAS COMMONWEALTH LEGISLI.TURE TWELFfH DAY, SECOND REGULAR SESSION, 2006 PUBLIC LAW BO. 15-36 H. B. No. 15-164, HD1, S01 AN ACT To regulate recycling businesses operating in the Commonwealth; and for other purposes. Offered by Representatives: Arnold I. Palacios, Joseph P. Deleon Guerrero, Benjamin B. Seman, Candido B. Taman, Ramon A. Tebuteb, Manuel A. Tenorio, Stanley T. McGinnis Torres, and Ray N. Yumul Date: August 8, 2006 Referred to: None Public Hearing: None Standing Committee Report: None Passed First and Final Reading on August 18, 2006 Accepted Senate Amendments September 26, 2006 Referred to: Committee on Resources, Economic Development, and Programs Public Hearing: None Standing Committee Report No. 15-62 Passed Final Reading on September 1, 2006 • HOUSE OF RRPRRSENTATI~ FIFTEENTH NoRTHERN MARIANAS C<JIIONIEALTH LEGISLATURE SECOND REGtlLAR SESSION, 2006 PUBLIC LAW BO. 15-36 H.B. No.15-164, HDl, SDl ANACT To regulate recycling businesses operating in the Commonwealth; and for other purposes. BE IT ENACTED BY THE FIFrEENTH NORTHERN MARIANAS COMMONWJ:ALTH LEGISLATURE: 1 Section 1. Sltort Title. This Act may be cited as the "Recycling Reporting Act of 2 2006". 3 Section 2. Fi■dings. The Legislature finds that recycling scrap metal is a necessity 4 in the Commonwealth due to its growing population and environmental impact. A growing 5 population means more metal for buildings, houses, automobiles, appliances, and 6 consequently, more scrap metal from such products. However, there is limited land mass to 7 accommodate all of the Commonwealth• s growing population. 8 Common recycled scrap metal products include (1) aluminum siding, sliding and 9 window frames; (2) household and industrial appliances; (3) automobiles; (4) bed frames and 1 mattress springs; (5) bridges; (6) cast iron sinb and bathtubs; (7) computers; (8) cooking pots 11 and pans; (9) electrical wire; (10) elevator; (11) eyeglass frames; (12) farm equipment; (13) 12 food and beverage containers; (14) hospital equipment; (15) industrial cuttings; (16) locks 13 and doorknobs; (17) office equipment and furniture; (18) park and playground equipment; 14 (19) pipe; (20) roadbed reinforcing bars; (21) roofing; (22) ships; (23) structural steel 15 reinforcing frames; (24) telephone wire; (25) tools; (26) toys; and (27) metal commodities 1 such as copper, magnesium, lead, etc. 1 The Legislature further finds that there has been a proliferation of crimes involving theft of metal products and materials. Some of these incidents involve taking metal from 1 fully functioning products such as an air conditioner rather than taking the entire air PUBLIC LAW NO. 15-36 HOUSE BILL No.15-164, HDl, SDI 1 conditioning unit. It appears that the intent is to sell the metal product for cash. Accordingly, 2 the practice of recycling scrap metal must be encouraged but regulated, to prevent abuse and 3 the commission or concealment of a crime. The purpose of this Act is to regulate recycling 4 business by imposing a duty to record and report purchases of recycling products such as 5 scrap metal. 6 Section 3. Amendment. Title 4, Division 5 of the Commonwealth Code is amended 7 to add a new Chapter 16 to read as follows: 8 "Chapter 16. Recycliag Reporting Act. 9 § 51301. Deftnitioas. 10 (a) "Department" means the Department of Commerce. 11 (b) "Person" means any individual, corporation, partnership, 12 association, business trust, company, joint venture company, or limited 13 liability company. 14 (c) "Recycled Product" means all types of scrap metal and exclu~es 15 aluminum cans, glass bottles, and paper products. 16 ( d) "Recycler'' means a person engaged in the business of purchasing 17 or acquiring recycled products for the purpose of reselling, rebuilding, or 18 repairing the recycled products. 19 ( e) "Scrap metal" means all types of metals including iron, steel, 20 stainless steel, copper, aluminum, lead, zinc. 21 ( f) "Secretary" means the Secretary of the Department of Commerce. 22 § 51302. Dllty te luord IN IMt[t bmJ•us. 23 (a) A person operating a recycling business shall maintain, wherever 24 its business is conduct~ a complete record of each purchase of recycled 25 product, legibly written in the English language, containing the following 26 27 28 2 information: (1) The printed name and signature of the person who is selling scrap metal; (2) The date and time of the purchase; Page2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 1 2 PUBLIC LAW BO. 15-36 HOUSE BILL No.15-164, HDl, SDI (3) The name of the recycler and the employee conducting the purchase; ( 4) The name, date of birth, sex, height, weight, race, and address of the person selling the scrap metal; (5) A complete description of the property, if any, sold to recycler including the brand name, serial number, model number, initials, engravings, size, patterns, and color; ( 6) The purchase price; (7) The type of identification and identification number used by the person with whom the purchase is made, which shall consist of a copy of a valid driver's license or government identification card issued by the Commonwealth of the Northern Mariana Islands, Guam, federal, state, or municipal government which has a photo and physical description of the person identified; and (8) The nature of the purchase, a progressive serial number identifying the purchase, the name and address of the recycler conducting the purchase, and the location of the property. (b) The recycler shall maintain at all times at his place of business such books, accounts, and records as will enable the Department or the Secretary to determine whether the recycler is complying with this Chapter and any rules and regulations adopted pursuant to this Chapter. Every recycler shall preserve such books, accounts, and records, for at least two (2) years after making the final entry on any purchase recorded therein. The books and records of the recycler shall be kept in a manner that the recycling business transacted may be readily separated and distinguished from any other type of business that the recycler may be engaged in. (c) Upon request, a recycler shall furnish or mail within twenty-four hours to the Department, on such fonns as are provided by the Department, a full, true, and correct copy of the record of all requested transactions. Page3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 21 22 23 2 27 PUBLIC LAW RO. 15-36 HOUSE BILL No.15-164, HDl, SDl § 51303. Purchase Transactions. (a) For each recycled product purchase, the recycler shall require proper identification from each seller. "Proper identification" shall mean a government issued photographic identification including, but not limited to, a driver's license, military identification card, or passport. (b) The seller shall sign a statement verifying that he or she is the rightful owner of the goods or is otherwise entitled to sell the goods. (c) A recycler shall, at the time of making a purchase, require the signature of the seller and shall be required to obtain copies of proper identification from the seller. (d) The recycler shall, at the time of making a purchase, deliver to the seller a receipt on which shall be legibly written or printed in English the information required under 4 CMC § 513O2(a). ( e) All transactions shall be videotaped by closed circuit camera or other video recording device. There shall be no audio recording of transactions. The signature form endorsed by the seller pursuant to§ 513O3(c) shall contain the following phrase: "THIS TRANSACTION IS BEING VIDEO-RECORDED". Recordings of transactions shall be preserved by the recycler for six months following the transaction. § 51104. Stolen Geodl; Seiaf:e ,tGoeds. (a) If a recycler has reasonable cause to believe that any recycled product being sold to purchaser is lost or stolen property, the recycler shall promptly report the matter to the Department of Public Safety. (b) Where probable cause exist that a recycled product held by a recycler is stolen property, the Department of Public Safety shall, for purposes of investigation or trial or to preserve and safeguard the property: ( 1) Seize the same; or Page4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 27 28 PUBLIC LAW :NO. 15-36 HOUSE BILL No.15-164, HDl, SDl (2) Hold the property for not more than 60 days unless a court of competent jurisdiction decides that a longer holding period 1s required to preserve or safeguard the property. (3) Inspect the books, accounts, and records of the recycler to determine whether or not a crime has been committed. (c) The Department of Public Safety and the Department of Commerce shall adopt rules and regulations necessary to implement this section. § 51305. Proldbited Acts ••d Practices. It is unlawful for a recycler or any employee thereof to: (a) Knowingly engage in a purchase transaction with: {l) A person who is under the influence of drug or alcohol when such condition is visible or apparent; (2) A person under the age of 18 years; or (3) A person using a name other than his own name or the registered name of his business. ( 4) A person that does not have proper identification (b) Accept recycled products that the recycler or any employee knows or should have known to be stolen property. § 51306. Penalties. (a) A person who knowingly or willfully violates or causes a person to violate any provision of this Chapter shall be guilty of a felony and be subject to punishment as provided under 6 CMC § 1601. (b) When the lawful owner recovers stolen property from a recycler and the person who sold the stolen property to the recycler is convicted of theft, or for dealing in stolen property, the court shall order the defendant to make full restitution to the recycler pursuant to 6 CMC § 4109, as a condition of probation. Page5 PUBLIC LAW NO. 15-36 HOUSEBILLNo.15-164,HDl,SDl 1 § 51307. Rule making. The Department of Commerce shall adopt rules and 2 regulations necessary to implement the provisions of this Chapter." 3 Section 4. Severability. If any provision of this Act or the application of any such 4 provision to any person or circumstance should be held invalid by a court of competent 5 jurisdiction, the remainder of this Act or the application of its provisions to persons or 6 circumstances other than those to which it is held invalid shall not be affected thereby. 7 Section 5. Savings Clause. This Act and any repealer contained herein shall not be 8 construed as affecting any existing right acquired under contract or acquired under statutes 9 repealed or under any rule, regulation, or order adopted under the statutes. Repeaters 10 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. 11 The enactment of the Act shall not have the effect of terminating, or in any way modifying, 12 any liability, civil or criminal, which shall already be in existence on the date this Act 13 becomes effective. 14 Section 6. Effective Date. This Act shall take effect upon its approval by the 15 Governor or becoming law without such approval. CERTIFIED BY: ATTESTED TO BY: (\)~2006 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Page6