AGENDA ITEM #5A
March 18,2014
Introduction
MEMORANDUM
March 14,2014
TO:
FROM:
SUBJECT:
County Council
~
Josh Hamlin, Legislative
Attorneil'~
Introduction:
Expedited Bill 18-14, Secondhand Personal Property
Purchasing Machines
Automated
Expedited Bill 18-14, Secondhand Personal Property - Automated Purchasing Machines,
sponsored by Council President Rice and Councilmembers Branson, Floreen, and Riemer, is
scheduled to be introduced on March 18, 2014. A public hearing is tentatively scheduled for
April 8 at 1:30 p.m.
Bill 18-14 would amend the County's secondhand personal property law to prohibit the
use of automated purchasing machines (also known as "reverse vending machines") in the
County.
Background
An automated purchasing machine (APM) is a self-service kiosk that dispenses payment,
typically in cash, for cell phones or other electronic devices. Such transactions are currently
covered under the County's Secondhand Personal Property law, Chapter 44A of the Code, but
the existing law does not directly address the use of APMs. Baltimore City and Baltimore
County have recently enacted local laws prohibiting the use of APMs
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out of concern that APMs
provide a convenient opportunity for cell phone thieves to convert stolen goods to cash without
human interaction, thereby encouraging such thefts. There are currently four bills being
considered by the Maryland General Assembly to regulate and license the use of APMs in
Maryland.
This packet contains:
Expedited Bill 18-14
Legislative Request Report
Circle #
1
4
F:\LAW\8 ILLS\
1418
Automated Purchasing Machines\lntro Memo. Doc
Baltimore City prohibited the use of APMs in September 2013, and Baltimore County enacted its prohibition on
March 4,2014.
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Expedited Bill No.
18-14
Concerning: Secondhand
Personal
Property - Automated Purchasing
Machines
Draft No. 1
Revised:
03/05/2014
Introduced:
March 18, 2014
Expires:
September 18.2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _,----_ _ _ _ _ __
Sunset Date:
-,--,-N=on,:,-"e~
_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Rice and Councilmembers, Branson, Floreen and Riemer
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-l, 44A-16 and 44A-17
And adding
Section 44A-18
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED Bill
No. 18-14
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Sec 1. Sections 44A-l, 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
f!
self-service device that:
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is designed to dispense payment in exchange for personal
property; and
is also known as
f!
reverse vending machine.
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*
46.
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Recyclable materials
means
recyclable solid waste
as defined in Section 48­
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*
*
44A-16. Automated Purchasing Machines.
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General Prohibition.
Except as otherwise provided in this Section,
f!
person must not purchase or offer to purchase any personal property
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means of an automated purchasing machine.
au
Exception (or recyclable materials.
This Section does not prohibit the
use of an automated purchasing machine exclusively for collecting
recyclable materials pursuant to
f!
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.
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(3)
f:\law\bills\1418 automated purchasing machines\bill 2.doc
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EXPEDITED BILL
No.
18-14
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(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.
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Approved:
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Craig
L.
Rice, President, County Council
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Approved:
Date
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Isiah Leggett, County Executive
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This is a correct copy o/Council action.
Date
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Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1418 automated purchasing machines\bill2.doc
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LEGISLATIVE REQUEST REPORT
Expedited Bill 18-14
Secondhand Personal Property Automated Purchasing Machines
DESCRIPTION:
Bill 18-14 would amend the County's secondhand personal property
law to prohibit the use of automated purchasing machines in the
County.
Automated purchasing machines (APMs), also known as "reverse
vending machines" and "cell phone kiosks," are self-service
machines which dispense cash payment for cell phones and other
electronic devices. APMs provide a convenient opportunity for
thieves to convert stolen goods to cash without any human
interaction.
To prohibit the use of automated purchasing machines
in
the County.
Department of Police
To be requested.
To be requested.
To be requested.
Baltimore City prohibited APMs
in
September 2013. Baltimore
County passed a law prohibiting APMs on March 5, 2014.
Josh Hamlin, 240-777-7892
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Subject to Class
"N'
violation.
F:\LA w\BrLLS\14IS Automated Purchasing Machines\LEGISLA TlVE REQUEST REPORT.Doc
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