HB278 Alabama 2012 Session
Summary
- Primary Sponsor
-
Jim Carns RepresentativeRepublican - 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
- Description
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.
- Subjects
- Secondary Metals Recyclers
Bill Actions
Delivered to Governor at 6:49 p. m. on May 10, 2012.
Conference Committee on HB278 2012RS first Substitute Offered
Assigned Act No. 2012-426.
Clerk of the House Certificate
Signature Requested
Enrolled
Concurred in Conference Report
Marsh motion to Concur In and Adopt adopted Roll Call 1384
Conference Report Concurrence Requested
Poole motion to Concur In and Adopt adopted Roll Call 1519
Conference Report
Conference Committee Appointed
Marsh motion to Accede adopted Roll Call 1270 P&PO appoints Brooks, Smitherman and Ward
Conference Committee Requested
Poole motion to Non Concur and Appoint Conference Committee adopted Roll Call 1360 House appoints Poole, Wood and Robinson (O)
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 1139
Brooks motion to Adopt adopted Roll Call 1138
Brooks Amendment Offered
Brooks motion to Adopt adopted Roll Call 1137
Judiciary first Substitute Offered
Third Reading Passed
Read for the second time and placed on the calendar with 1 substitute and
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Sessions intended to vote Yea
Cosponsors Added
Motion to Read a Third Time and Pass adopted Roll Call 206
Poole motion to Table adopted Roll Call 205
Rogers Amendment Offered
Oden motion to Table adopted Roll Call 204
Beckman Amendment Offered
Poole motion to Table adopted Roll Call 203
Boothe Amendment Offered
Poole motion to Table adopted Roll Call 202
Jones 4th Amendment Offered
Poole motion to Table adopted Roll Call 201
Jones 3rd Amendment Offered
Poole motion to Table adopted Roll Call 200
Jones 2nd Amendment Offered
Motion to Adopt adopted Roll Call 199
Poole motion to Table lost Roll Call 198
Jones 1st Amendment Offered
Motion to Adopt adopted Roll Call 196
Judiciary 6th Amendment Offered
Motion to Adopt adopted Roll Call 195
Judiciary 5th Amendment Offered
Motion to Adopt adopted Roll Call 194
Judiciary 4th Amendment Offered
Motion to Adopt Judy 3rd amendment adopted Roll Call 193
Poole motion to Table adopted Roll Call 192
Newton (C) Substitute Amendment Offered
Judiciary 3rd.Amendment Offered
Motion to Adopt adopted Roll Call 191
JUDY 2nd Amendment Offered
Motion to Adopt adopted Roll Call 190
JUDY 1st Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 6 amendments
Read for the first time and referred to the House of Representatives committee on Judiciary
Bill Text
Votes
Motion to Adopt
Poole motion to Table
Motion to Adopt
Motion to Adopt
Motion to Adopt Judy 3rd amendment
Motion to Adopt
Poole motion to Table
Motion to Adopt
Poole motion to Table
Poole motion to Table
Poole motion to Table
Poole motion to Table
Oden motion to Table
Poole motion to Table
Motion to Read a Third Time and Pass
Cosponsors Added
Poole motion to Non Concur and Appoint Conference Committee
Motion to Read a Third Time and Pass
Brooks motion to Adopt
Brooks motion to Adopt
Marsh motion to Accede
Poole motion to Concur In and Adopt
Marsh motion to Concur In and Adopt
Documents
Source: Alabama Legislature