HB278 Alabama 2012 Session

Under existing law, secondary metals recyclers must maintain certain records relating to all purchase transactions of ferrous or nonferrous metals. Also under existing law, a secondary metals recycler is subject to certain criminal penalties for the failure to comply with the record-keeping requirements, as well as other laws regulating the sale of these metals

This bill would require a secondary metals recycler to maintain additional records relating to the purchase of ferrous and nonferrous metals, including a photocopy or scanned copy of the personal identification card of the person delivering the metal property and a digital photograph or video recording of the person delivering the metal property, and would provide criminal penalties for failing to obtain and maintain certain records

This bill would further provide for the limits on purchases by secondary metals recyclers for certain metals, including copper, and would provide criminal penalties for violations

This bill would require secondary metals recyclers to register with the Alabama Criminal Justice Information Center (ACJIC) or other responsible agency and would require ACJIC or another responsible agency to maintain a database of certain information collected by secondary metals recyclers relating to the purchase of metal products

This bill would provide certain civil immunity for public or private owners of metal property for certain injuries related to metal property

This bill would provide criminal penalties for a person who damages or destroys certain metal property and would provide further criminal penalties for the possession of certain stolen metal property

This bill would also place restrictions on secondary metals recyclers relating to the purchase of catalytic converters, copper wire, and other specified metal property

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 Sections 13A-8-30, 13A-8-31, 13A-8-32, 13A-8-33, 13A-8-34, 13A-8-35, 13A-8-36, 13A-8-37, and 13A-8-39, Code of Alabama 1975, relating to secondary metals recyclers, to require a secondary metals recycler to maintain additional records relating to the purchase of ferrous and nonferrous metals; to further provide for the limits on purchases by secondary metals recyclers for certain metal; to require secondary metals recyclers to register with the Alabama Criminal Justice Information Center (ACJIC) or other responsible agency; ACJIC or another responsible agency to maintain a database of certain information collected by secondary metals recyclers relating to the purchase of metal products; provide certain civil immunity for public or private owners of metal property for certain injuries related to metal property; to provide criminal penalties for damaging or destroying certain metal property and would provide further criminal penalties for the possession of certain stolen metal property; to place restrictions on secondary metals recyclers relating to the purchase of specified metal property; to add Sections 13A-8-31.1, 13A-8-31.2, 13A-8-35.1, 13A-8-37.1, and 13A-8-37.2 to the Code of Alabama 1975; 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.