Expedited Bill No.            18-14

Concerning: Secondhand Personal Property – Automated Purchasing Machines    

Revised:    04/30/2014       Draft No. 3  

Introduced:      March 18, 2014              

Enacted:         May 6, 2014                   

Executive:       May 19, 2014                 

Effective:        May 19, 2014                 

Sunset Date:  None                             

Ch.   13    , Laws of Mont. Co.    2014    

County Council

For Montgomery County, Maryland

By: Council President Rice and Councilmembers, Branson, Floreen, Riemer, Council Vice President Leventhal and Councilmembers Navarro and Elrich

AN EXPEDITED ACT to:

(1) prohibit the use of automated purchasing machines for the purchase of personal property;

(2) define certain terms;

(3) provide certain exceptions; and

(4) generally amend the secondhand personal property law.

By amending

            Montgomery County Code

            Chapter 44A, Secondhand Personal Property

            Sections 44A-1, 44A-16 and 44A-17

And adding

Section 44A-18

Boldface Heading or defined term.

Underlining Added to existing law by original bill.

[Single boldface brackets] Deleted from existing law by original bill.

Double underlining Added by amendment.

[[Double boldface brackets]] Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.

The County Council for Montgomery County, Maryland approves the following Act:

                   Sec 1.  Sections 44A-1, 44A-16 and 44A-17 are amended and Section 44A-18 is added as follows:

44A-1. Definitions.

When used in this chapter:

Automated Purchasing Machine means a self-service device that:

(1)     is designed to dispense payment in exchange for personal property; and

(2)     is also known as a reverse vending machine.

*        *        *

Recyclable materials means recyclable solid waste as defined in Section 48-46.

*        *        *

44A-16. Automated Purchasing Machines.

(a)     General Prohibition. Except as otherwise provided in this Section, a person must not purchase or offer to purchase any personal property by means of an automated purchasing machine.

(b)     Exception for recyclable materials. This Section does not prohibit the use of an automated purchasing machine exclusively [[for collecting]] to collect recyclable materials [[pursuant to]] under a government-operated or -approved recycling program.

44A-17. Regulations; restitution.

          The Executive must adopt reasonable regulations under method (3) to implement and administer this Chapter which may authorize the County to obtain restitution on behalf of an injured party.

[44A-17.] 44A-18. Penalties.

(a)     Any person who violates this Chapter is subject to punishment for a class A violation. Each day that a violation continues is a separate offense.

(b)     The Director of the Office of Consumer Protection may file an action in any court with jurisdiction to enjoin any violation of this Chapter or to enforce any order or decision issued under this Chapter.

[44A-18. Reserved.]

          Sec. 2.  Expedited Effective Date.

          The Council declares that this legislation is necessary for the immediate protection of the public interest.  This Act takes effect on the date on which it becomes law.

Approved: