SB297 Alabama 2010 Session

Existing law provides that for three years following September 1, 2007, a secondary metals recycler shall not enter into any cash transaction in excess of $100 for copper and $1,000 for other metals. Effective September 2, 2010, a secondary metals recycler may not enter into a cash transaction for any metals in excess of $1,000

This bill would delete the change in the law effective September 2, 2010, so that cash transactions for copper in excess of $100 would continue to be prohibited

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 13A-8-31, Code of Alabama 1975, relating to the sale of metal property to secondary metal recyclers; to prohibit a secondary metals recycler from entering into any cash transactions in excess of $100 for copper purchases regardless of when the transaction occurred; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.