HB90 Alabama 2012 Session

Summary

Primary Sponsor

Kerry Rich Representative

Republican

Co-Sponsors

Lynn GreerDan WilliamsEd HenryKen JohnsonWayne Johnson

Session

Regular Session 2012

Title

Secondary metals recyclers, permitting of certain secondary metals recylers and sellers of certain metal property required, business hours of secondary metals recyclers limited, notification, maintenance of additional records required, cash payment limited, penalties, Sec. 13A-8-30.1 added, Secs. 13A-8-31, 13A-8-37 am'd.;

Description

Under existing law, secondary metals recyclers must maintain certain records relating to all purchase transactions of ferrous or nonferrous metals, including copper. 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 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 require a secondary metals recycler to maintain additional records relating to the purchase of ferrous and nonferrous metals, including a photocopy of the check used to purchase the metal property, a photocopy of the personal identification card of the person selling the metal property, and a photograph of the metal property.

This bill would provide that cash payments for nonferrous metals could not be made earlier than 24 hours after the metal property is provided to the secondary metals recycler.

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

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

Business and Commerce