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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2012 Alabama Legislative Regular Session
  5. 2012 Alabama House Bills
  6. HB278 Alabama 2012 Session

HB278 Alabama 2012 Session

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Signed by Governor

Bill Summary

Sponsors
  • Jim Carns
  • April Weaver
  • Paul W. Lee
  • Lynn Greer
  • Terri Collins
  • Kerry Rich
  • K.L. Brown
  • Lawrence McAdory
  • Rod Scott
  • Elaine Beech
  • John W. Rogers
  • Mary Sue McClurkin
  • Barry Moore
  • Becky Nordgren
  • David Sessions
  • Dexter Grimsley
  • Allen Farley
  • Mark Tuggle
  • Bill Poole
  • Jim Patterson
  • Ken Johnson
  • Blaine Galliher
  • Greg Wren
  • Mac McCutcheon
  • Mike Hill
  • Randy Davis
  • Patricia Todd
  • Merika Coleman
  • Mary Moore
  • James E. Buskey
  • Thomas Jackson
  • Alan Harper
  • Yvonne Kennedy
  • Oliver Robinson
  • Chris England
  • Ralph Howard
  • Jay Love
  • Victor Gaston
  • Mike Ball
  • Phil Williams
  • Howard Sanderford
  • Barry Mask
  • Steve Clouse
  • Jim Barton
  • Randy Wood
  • Jim McClendon
  • Jamie Ison
  • Steve McMillan
  • Alan Baker
  • Chad Fincher
  • Jack Williams
  • Paul DeMarco
  • Barbara 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

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.

Subjects
Secondary Metals Recyclers

Bill Actions

Action DateChamberAction
May 10, 2012Delivered to Governor at 6:49 p. m. on May 10, 2012.
May 10, 2012Conference Committee on HB278 2012RS first Substitute Offered
May 10, 2012Assigned Act No. 2012-426.
May 10, 2012Clerk of the House Certificate
May 10, 2012Signature Requested
May 10, 2012Enrolled
May 10, 2012Concurred in Conference Report
May 10, 2012Marsh motion to Concur In and Adopt adopted Roll Call 1384
May 10, 2012Conference Report Concurrence Requested
May 10, 2012Poole motion to Concur In and Adopt adopted Roll Call 1519
May 10, 2012Conference Report
May 10, 2012Conference Committee Appointed
May 9, 2012Marsh motion to Accede adopted Roll Call 1270 P&PO appoints Brooks, Smitherman and Ward
May 9, 2012Conference Committee Requested
May 8, 2012Poole motion to Non Concur and Appoint Conference Committee adopted Roll Call 1360 House appoints Poole, Wood and Robinson (O)
May 8, 2012Concurrence Requested
May 8, 2012Motion to Read a Third Time and Pass adopted Roll Call 1139
May 8, 2012Brooks motion to Adopt adopted Roll Call 1138
May 8, 2012Brooks Amendment Offered
May 8, 2012Brooks motion to Adopt adopted Roll Call 1137
May 8, 2012Judiciary first Substitute Offered
May 8, 2012Third Reading Passed
April 26, 2012Read for the second time and placed on the calendar with 1 substitute and
March 15, 2012Read for the first time and referred to the Senate committee on Judiciary
March 1, 2012Engrossed
March 1, 2012Sessions intended to vote Yea
March 1, 2012Cosponsors Added
March 1, 2012Motion to Read a Third Time and Pass adopted Roll Call 206
March 1, 2012Poole motion to Table adopted Roll Call 205
March 1, 2012Rogers Amendment Offered
March 1, 2012Oden motion to Table adopted Roll Call 204
March 1, 2012Beckman Amendment Offered
March 1, 2012Poole motion to Table adopted Roll Call 203
March 1, 2012Boothe Amendment Offered
March 1, 2012Poole motion to Table adopted Roll Call 202
March 1, 2012Jones 4th Amendment Offered
March 1, 2012Poole motion to Table adopted Roll Call 201
March 1, 2012Jones 3rd Amendment Offered
March 1, 2012Poole motion to Table adopted Roll Call 200
March 1, 2012Jones 2nd Amendment Offered
March 1, 2012Motion to Adopt adopted Roll Call 199
March 1, 2012Poole motion to Table lost Roll Call 198
March 1, 2012Jones 1st Amendment Offered
March 1, 2012Motion to Adopt adopted Roll Call 196
March 1, 2012Judiciary 6th Amendment Offered
March 1, 2012Motion to Adopt adopted Roll Call 195
March 1, 2012Judiciary 5th Amendment Offered
March 1, 2012Motion to Adopt adopted Roll Call 194
March 1, 2012Judiciary 4th Amendment Offered
March 1, 2012Motion to Adopt Judy 3rd amendment adopted Roll Call 193
March 1, 2012Poole motion to Table adopted Roll Call 192
March 1, 2012Newton (C) Substitute Amendment Offered
March 1, 2012Judiciary 3rd.Amendment Offered
March 1, 2012Motion to Adopt adopted Roll Call 191
March 1, 2012JUDY 2nd Amendment Offered
March 1, 2012Motion to Adopt adopted Roll Call 190
March 1, 2012JUDY 1st Amendment Offered
March 1, 2012Third Reading Passed
February 16, 2012Read for the second time and placed on the calendar 6 amendments
February 9, 2012Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Download HB278 Alabama 2012 Session PDF

Bill Votes

Marsh motion to Concur In and Adopt
2012-05-10
Chamber: Senate
Result: Passed
Poole motion to Concur In and Adopt
2012-05-10
Chamber: House
Result: Passed
Marsh motion to Accede
2012-05-10
Chamber: Senate
Result: Passed
Poole motion to Non Concur and Appoint Conference Committee
2012-05-08
Chamber: House
Result: Passed
Motion to Read a Third Time and Pass
2012-05-09
Chamber: Senate
Result: Passed
Brooks motion to Adopt
2012-05-09
Chamber: Senate
Result: Passed
Brooks motion to Adopt
2012-05-09
Chamber: Senate
Result: Passed
Cosponsors Added
2012-03-01
Chamber: House
Result: Passed
Motion to Read a Third Time and Pass
2012-03-01
Chamber: House
Result: Passed
Poole motion to Table
2012-03-01
Chamber: House
Result: Passed
Oden motion to Table
2012-03-01
Chamber: House
Result: Passed
Poole motion to Table
2012-03-01
Chamber: House
Result: Passed
Poole motion to Table
2012-03-01
Chamber: House
Result: Passed
Poole motion to Table
2012-03-01
Chamber: House
Result: Passed
Poole motion to Table
2012-03-01
Chamber: House
Result: Passed
Motion to Adopt
2012-03-01
Chamber: House
Result: Passed
Poole motion to Table
2012-03-01
Chamber: House
Result: Failed
Motion to Adopt
2012-03-01
Chamber: House
Result: Passed
Motion to Adopt
2012-03-01
Chamber: House
Result: Passed
Motion to Adopt
2012-03-01
Chamber: House
Result: Passed
Motion to Adopt Judy 3rd amendment
2012-03-01
Chamber: House
Result: Passed
Poole motion to Table
2012-03-01
Chamber: House
Result: Passed
Motion to Adopt
2012-03-01
Chamber: House
Result: Passed
Motion to Adopt
2012-03-01
Chamber: House
Result: Passed

Bill Documents

TypeLink
Bill Text HB278 Alabama 2012 Session - Enrolled
Bill Text HB278 Alabama 2012 Session - Engrossed
Bill Text HB278 Alabama 2012 Session - Introduced
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