HB353 Alabama 2012 Session

Under existing law, a secondary metals recycler is required to maintain certain information regarding purchases of metal property

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 certain persons selling nonferrous metals, as well as secondary metals recyclers purchasing nonferrous metals, to obtain a permit from the sheriff of the county in which the secondary metals recycler's business is located, and would provide for a fee for the issuance of a permit to secondary metals recyclers

This bill would require a secondary metals recycler to maintain certain records and additional information with regard to purchases of metal property when the person delivering the metal property is not the same person receiving consideration for the metal property

This bill would create criminal penalties for obtaining a permit for the purpose of transporting or selling stolen nonferrous metals, as well as criminal penalties for transporting, selling, or purchasing nonferrous metals without a permit

This bill would restrict the business hours of secondary metals recyclers and would require secondary metals recyclers to post certain notification regarding permitting requirements of sellers of metal property

This bill would prohibit certain metal property from being sold to or purchased by a secondary metals recycler unless written documentation is provided that the seller is the owner of the metal property or is authorized to sell the metal property on behalf of the owner

This bill would prohibit a secondary metals recycler from purchasing metal property from a person younger than age 18

This bill would require that the secondary metals recycler pay by check for the purchase of metals regulated by this act

This bill would provide criminal penalties for cutting, mutilating, defacing, or otherwise injuring real or personal property for the purpose of obtaining nonferrous metals

This bill would provide additional criminal penalties

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

Relating to secondary metals recyclers; to add Section 13A-8-30.1 to the Code of Alabama 1975, to require certain secondary metals recyclers and sellers of metal property to obtain a permit from the sheriff; to amend Sections 13A-8-31, 13A-8-35, and 13A-8-37, Code of Alabama 1975; to provide further for the information that must be maintained by the secondary metals recycler; to require notification to law enforcement of the business location and to authorize inspection by law enforcement; to limit certain purchases by a secondary metals recycler; to require purchases of metal be paid by check; to prohibit purchases from persons under a certain age; to provide criminal penalties for cutting, mutilating, defacing, or otherwise injuring real or personal property for the purpose of obtaining nonferrous metals; and to provide criminal penalties; 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.