§ 17-1-119. AUTOMATED PURCHASING MACHINES.

(a)

Definitions.

(1)

In this section, the following terms have the meanings indicated.

(2)

(i)

"Automated purchasing machine" means a self-service automated device that:

1.

Is designed to dispense money in exchange for an electronic device; and

2.

Also is known as "reverse vending machine."

(3)

"Automated purchasing machine operator" means a person that buys or offers to buy an electronic device by means of an automated purchasing machine.

(4)

"Electronic device" or "device" means a portable battery-powered device with a serial number that is capable of:

(i)

Being easily transported or conveyed by a person; and

(ii)

Facilitating communication through voice, data, text, or other visual or auditory format.

(5)

(i)

"Person" means an individual, or a partnership, firm, association, corporation, or other entity of any kind.

(ii)

"Person" does not include a government entity or an instrumentality or unit of a government entity.

(6)

"Seller" means a person who sells or offers to sell a portable electronic device to an automated purchasing machine in exchange for payment.

(b)

Prohibition. An automated purchasing machine operator may not purchase from a seller or offer to purchase from a seller any electronic device by means of an automated purchasing machine.

(c)

Recycling. This section does not apply to the recycling of a portable electronic device at a landfill or solid-waste facility that is operated privately or by a governmental entity or an instrumentality or unit of a governmental entity.

(d)

Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1)

A fine not exceeding $500 for a first offense; or

(2)

A fine not exceeding $1,000 or imprisonment not exceeding one year or both for a subsequent offense.

(Bill No. 5-14, § 1, 4-28-2014)