HB353 Alabama 2012 Session

Summary

Primary Sponsor

Lynn Greer

Republican

Session

Regular Session 2012

Title

Secondary metals recyclers, copper purchases and metal purchases, payment by check, information for purchases, database, limits on purchase, permitting of certain secondary metals recyclers and sellers required, criminal penalties, Secs. 13A-8-31, 13A-8-35, 13A-8-37 am'd.

Summary

The bill would require permits for buying and selling nonferrous metals, tighten recordkeeping and reporting, limit payments and hours, create a detailed enforcement framework, and raise penalties to curb metal theft and illegal transactions in Alabama.

What This Bill Does

It creates a permit system for selling nonferrous metals and for recyclers purchasing nonferrous metals, with county sheriffs issuing permits and setting durations and fees. It requires extensive recordkeeping, including buyer and seller details, ownership documentation, IDs, vehicle information, photos, and check copies, and it mandates electronic reporting to law enforcement within 24 hours and a minimum hold on metal for inspections. It imposes limits on payments (checks required; cash limits for copper and other metals), restricts selling hours (no transactions 9 pm–6 am), requires posted notices, and prohibits purchases from minors, with additional rules for a long list of restricted metal items and strong penalties for violations, including theft and pattern violations.

Who It Affects

• Secondary metals recyclers: must obtain permits, maintain detailed records, post notices, limit purchases, and face penalties for noncompliance.
• Sellers of metal property: must provide ownership or authorization documentation, obtain permits when selling to recyclers, and be paid by check with proper records.
• Law enforcement and sheriffs: gain access to a new database, enforcement authority, inspection rights, and recordkeeping requirements to investigate metal theft and illegal transactions.
• Individuals under 18: prohibited from selling to or purchasing metals from recyclers.
• Businesses and institutions handling metal property (e.g., cemeteries, utilities, and construction sites): subject to additional documentation and notification requirements for certain metal items.
• General public and local governments: impacted by signage, reporting requirements, and potential changes in local enforcement practices.

Key Provisions

• Provision 1: Establishes a new Section 13A-8-30.1 requiring permits to purchase nonferrous metals by secondary metals recyclers; permits issued by the county sheriff; fixed-site permits carry a $200 fee and are valid for 24 months.
• Provision 2: Requires permits to transport or sell nonferrous metals; permits issued by the sheriff with residency or local presence requirements; no fee for transport/sell permits; permits valid for 12 months; allows a 48-hour expedited permit for up to two transactions in a 12-month period.
• Provision 3: Revisions to 13A-8-31 to require detailed records of each purchase, including names, dates, weights, descriptions, the amount of consideration, a check copy, ownership statements, transporter details, and ID information with photos; digital copies and photographs must be kept and available for inspection; records retained for at least two years.
• Provision 4: Prohibits cash transactions over $100 for copper and over $1,000 for all other metals; requires payment by check payable to the seller and mailed to the seller's address; recycler may pay cash/check for small copper or low-value transactions at the recycler's discretion.
• Provision 5: Requires written documentation proving ownership or authorization for sale of metal property; restricts purchases from individuals under 18; adds stringent documentation requirements for sensitive items listed in the bill.
• Provision 6: Prohibits purchases during the hours of 9 p.m. to 6 a.m. at secondary metals recyclers.
• Provision 7: Mandates a 20-by-30 inch sign at fixed sites stating the permit requirements and who may sell to or purchase from the recycler.
• Provision 8: Creates a list of restricted metal properties (eg, bronze cemetery items, manhole covers, utility-marked items, building materials, catalytic converters, etc.) that require owner authorization and law enforcement notice before purchase or processing; requires storage and reporting controls for these items.
• Provision 9: Establishes criminal penalties for violations, including Class A misdemeanors for smaller violations and Class B/C felonies for higher-value or patterned violations; includes restitution requirements for theft-related offenses.
• Provision 10: Requires the creation and use of a database with electronic transmission to law enforcement within 24 hours of transactions; allows inspections of property during a required holding period of at least three business days; photographs and records may be used as evidence in court.
• Provision 11: Amends existing sections (13A-8-31, 13A-8-35, 13A-8-37) to align with new recordkeeping, permitting, and enforcement provisions; adds definitions and procedures related to metal property purchases and restrictions.
• Provision 12: Note that the bill includes a local funds clause but is structured to come within existing constitutional exceptions, and becomes effective 60 days after passage.

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

Subjects

Business and Commerce