HB278 Alabama 2012 Session

Summary

Primary Sponsor

Jim CarnsRepresentative

Republican

Co-Sponsors

April WeaverPaul W. LeeDan WilliamsLynn GreerWilliam RobertsTerri CollinsKerry RichK.L. BrownLawrence McAdoryRod ScottElaine BeechJohn W. RogersMary Sue McClurkinBarry MooreBecky NordgrenMac ButtramDavid SessionsDexter GrimsleyAllen FarleyDarrio MeltonMark TuggleDavid ColstonBill PooleDaniel H. BomanWayne JohnsonJim PattersonKen JohnsonJohn MerrillKurt WallaceBlaine GalliherGreg WrenMac McCutcheonMike HillRandy DavisPatricia ToddMerika ColemanMary MooreJames E. BuskeyThomas JacksonAlan HarperYvonne KennedyOliver RobinsonChris EnglandRalph HowardJay LoveVictor GastonMike BallPhil WilliamsHoward SanderfordBarry MaskSteve ClouseJim BartonRandy WoodJim McClendonJamie IsonSteve McMillanAlan BakerChad FincherJack WilliamsPaul DeMarcoBarbara Bigsby Boyd

Session

Regular Session 2012

Title

Secondary metals recycler, additional records to be maintained, purchases of specified metal property limited, registration with ACJIC, required, database of metal property sales created, criminal penalties, purchase of specified metal property prohibited, Secs. 13A-8-30 to 13A-8-37, inclusive, 13A-8-39 am'd; Secs. 13A-8-31.1, 13A-8-31.2, 13A-8-35.1, 13A-8-37.1, 13A-8-37.2 added

Summary

HB278 tightens Alabama's secondary metals rules by adding stricter record-keeping, a state database, purchase restrictions, and enhanced penalties to deter theft and illegal sales.

What This Bill Does

It requires secondary metals recyclers to maintain detailed purchase records, including buyer/seller information, time, weight, and ID copies, and to keep these records for at least two years. It imposes cash-payment limits, requires payments by check to the seller's name/address, bans certain purchases at night, and prohibits sales to anyone under 18. It creates a registration system with ACJIC, establishes a state database for purchase information, and requires electronic reporting by 9 PM after each transaction, with data protected for law enforcement use. It adds hold notices and extended holds for suspected stolen metal, strengthens penalties for false information and stolen property, and imposes new restrictions on specific high-risk metal items, while also offering civil immunity to metal property owners in certain theft-related injuries.

Who It Affects

• Secondary metals recyclers must register, keep detailed purchase records, limit cash transactions, verify buyer/seller information, and comply with new restricted-item rules.
• Metal property owners (public or private) gain civil protections from certain injuries during theft and may receive restitution if their property is stolen and recovered.
• Law enforcement and ACJIC gain a state database to track metal purchases and enhanced tools to investigate thefts, with data guarded as confidential.
• Sellers and other individuals selling metal property must provide verifiable documentation and identification and could face new penalties for unlawful sales.

Key Provisions

• Defines ferrous/nonferrous metals and 'metal property,' and clarifies terms used in the act.
• §13A-8-31: Recyclers must keep detailed records of each purchase (seller/buyer info, time, weight/description, amount paid, signed ownership statement, ID copies, vehicle info, and photos).
• §13A-8-31.1: Purchases cannot exceed cash thresholds ($50 for copper, $500 for other metals); payments by check to the seller; small transactions may be paid in cash under certain limits.
• §13A-8-31.2: Recyclers must register with ACJIC within 30 days, pay a $250 annual fee, and transmit required data to an ACJIC database by 9 PM on purchase day; data is confidential and restricted to law enforcement.
• §13A-8-35.1: Public/private owners of metal property receive civil immunity from certain injuries related to theft or dangerous conditions arising from theft, within explained limits.
• §13A-8-37.1: Lists restricted purchases (e.g., catalytic converters not part of vehicles, certain utility/metropolitan equipment, damaged or specially marked items) and requires additional documentation; violations carry escalating felonies (Class B for some offenses, with higher classes for repeat offenses).
• §13A-8-37.2: Law enforcement recognition of compliance with 13A-8-31 series as evidence that possession of purchased metal is lawful.
• §13A-8-33 to 13A-8-34: Hold and extended-hold procedures for suspected stolen metal, including 15-day and potentially 30-day extensions, with restitution provisions where applicable.
• §13A-8-36: Penalties for false statements or misrepresented ownership related to metal transactions, escalating with offense repeats.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Secondary Metals Recyclers