AGENDA ITEM 6
April 8, 2014
Public Hearing
MEMORANDUM
April 4, 2014
TO:
County Council
FROM:
SUBJECT:
Josh Hamlin, Legislative
Attome~
Public Hearing:
Expedited Bill 18-14, Secondhand Personal Property -
Automated Purchasing Machines
Expedited Bill 18-14, Secondhand Personal Property Automated Purchasing Machines,
sponsored by Council President Rice and Councilmembers Branson, Floreen, Riemer, Council
Vice President Leventhal and Councilmembers Navarro and EIrich, was introduced on March 18.
A Government Operations and Fiscal Policy Committee worksession will be scheduled at a later
date.
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
l
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. In the Maryland General Assembly, House
Bill 918 appears likely to become law. If passed and signed by the Governor, House Bill 918
would preempt the County from regulating APMs and supersede existing County law regulating
APMs, but would permit the County to prohibit the use of APMs within the County, as is
proposed in Bill 18-14.
This packet contains:
Expedited Bill 18-14
Legislative Request Report
F:\LAW\BILLS\1418 Automated Purchasing Machines\Public Hearing Memo.Doc
Circle
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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
Revised:
03/05/2014
Draft No.
Introduced:
March 18,2014
Expires:
September 18, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ......;...;:N=onc.:..::e=--_ _ _ _ __
Ch.
Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Rice and Councilmembers, Branson, Floreen, Riemer, Council Vice
President Leventhal and Councilmembers Navarro and EIrich
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.
Add€d
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.
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When used in this chapter:
Automated Purchasing Machine
means
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self-service device that:
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ill
ill
is designed to dispense payment in exchange for personal
property; and
is also known as
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reverse vending machine.
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*
46.
*
*
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Recyclable materials
means
recyclable solid waste
as defined in Section 48­
*
!ill
*
*
~
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44A-16. Automated Purchasing Machines.
General Prohibition.
Except as otherwise provided in this Section,
person must not purchase or offer to purchase any personal property
Qy
means of an automated purchasing machine.
(hl
Exception for recyclable materials.
This Section does not prohibit the
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use of an automated purchasing machine exclusively for collecting
recyclable materials pursuant to
recycling program.
44A-17. Regulations; restitution.
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government-operated or -approved
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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.
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(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.
(i)
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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.
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[44A-18. Reserved.]
Sec. 2. Expedited Effective Date.
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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
Date
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Approved:
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Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
f:\lawlbills\1418 automated purchasing machineslbill2.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 "A" violation.
F:\LAW\BfLLS\1418 Automated Purchasing Machines\LEGISLA T1VE REQUEST REPORT. Doc