HB298 Alabama 2010 Session

Existing law makes it a crime for a person to sell stolen metal property to a secondary metals recycler. Existing law requires a secondary metals recycler to keep a record of certain purchase transactions of metal property

This bill would specify that certain recording requirements and limits of cash transactions apply only to purchase transactions of metal property that has served its original economic purpose

This bill would subject a person to an additional criminal penalty if the person sells stolen metal property to a secondary metals recycler and the theft causes or may cause an imminent danger to the public

This bill would also include within the value of the transaction for purposes of determining the severity of the offense the costs of repairing any damage to the victim's property caused during the theft of the metal property

Existing law provides that for three years following September 1, 2007, a secondary metals recycler may 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

This bill would also provide that Article 1A, Chapter 8 of Title 13A, Code of Alabama 1975, takes precedence over local ordinances governing purchase transactions by a secondary metals recycler

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-8-37, and 13A-8-39, Code of Alabama 1975, relating to the sale of certain metal property to secondary metals recyclers and providing penalties for sellers violating the act; to specify that certain record keeping requirements and limitations on purchase transactions apply only to metal property that has served its original economic purpose; to provide further for penalties where the theft of the metal property causes or may cause imminent danger to the public; to include within the value of the transaction for purposes of determining the severity of the crime and the penalty the costs of repairing any damage to the victim's property caused during the theft; to remove the three-year limitation on prohibiting certain cash transactions for copper purchases; to provide that Article 1A, Chapter 8 of Title 13A shall take precedence over local ordinances governing purchase transactions by a secondary metals recycler; 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.