SB364 Alabama 2010 Session

Summary

Primary Sponsor

Roger Bedford, Jr.

Democrat

Session

Regular Session 2010

Title

Secondary metals recyclers, records, limits of cash transactions, person selling stolen metal property, penalties increased based on value of transaction, damage to victim's property included, copper, certain cash transactions for prohibited, Secs. 13A-8-30, 13A-8-31, 13A-8-37, 13A-8-39 am'd.

Summary

SB364 tightens Alabama's secondary metals rules by clarifying record-keeping and cash-purchase limits, expanding penalties to include damage costs, and restoring copper cash limits while preempting local rules.

What This Bill Does

It clarifies that recording requirements and cash transaction limits apply only to purchase transactions of metal that has served its original economic purpose. It adds the costs of repairing damage to the victim's property to the offense value and to restitution, and sets penalties from misdemeanor to felony based on total value. It restores copper cash-purchase limits to $100 (while keeping other metals at $1,000) and establishes statewide preemption over local ordinances, with an effective date after passage and governor approval.

Who It Affects

• Sellers of metal property (they could face higher penalties, required restitution, and potential felony charges depending on the total value and damage).
• Secondary metals recyclers (they must maintain detailed records, follow cash-purchase limits, and comply with state-preempted rules).

Key Provisions

• Defines key terms used in the article, including ferrous metals, nonferrous metals, metal property, purchase transaction, secondary metals recycler, personal identification card, and related concepts.
• Requires secondary metals recyclers to maintain a legible record of all purchase transactions involving metals that have served their original economic purpose, with detailed information (buyer/seller names and addresses, date, weight/description of metal, amount paid, signed ownership statement, ID information, vehicle details if available).
• Sets cash-purchase limits: copper may not be paid in cash over $100; all other metals may not be paid in cash over $1,000, with payment by check to the seller and delivery to the seller’s address, and allows some cash or check payment options for smaller transactions.
• Restores copper cash-purchase limit and reverts other-metal limits to pre-2010 levels (copper $100, other metals $1,000), reversing the 2010 change that standardized higher cash limits.
• Gives state law precedence over local ordinances governing metal-purchase transactions by recyclers, and states that the bill is exempt from certain local-funding expenditure requirements because it creates or amends a crime.
• Penalties: selling metal in violation can be a Class A misdemeanor unless the aggregate value plus repair costs reaches $250 or more, which is a Class C felony; restitution is ordered to cover stolen value and repair costs; pattern-based violations with aggregate amounts over $500 can also be Class C felonies.
• Effective date: the act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Secondary Metals Recyclers