SB35 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsor

Ben H. Brooks

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 (2012-20110)

Summary

SB35 tightens rules for secondary metals recyclers by adding a state database, registration, expanded recordkeeping, and stronger penalties to curb metal theft and fraud.

What This Bill Does

It requires recyclers to keep detailed purchase records, including buyer and seller information, date/time, weight and description of metal, ownership verification, ID copies, vehicle details, and photos, and to share this information with law enforcement on request. It adds a requirement to register with ACJIC and to enter specific purchase data into a central database, with the data transmitted electronically by 9:00 PM on the day of purchase and kept confidential. It restricts cash payments, requires payments by check to the recorded seller, sets age limits (no purchases from anyone under 18), and prohibits purchasing during certain hours (9 PM to 6 AM). It introduces item-specific prohibitions and enhanced penalties for violations, allows holds on stolen metal with possible restitution, and provides civil immunity for metal property owners in theft incidents.

Who It Affects

• Secondary metals recyclers and their employees, who must follow stricter recordkeeping, register with ACJIC, and comply with payment, timing, and item restrictions, or face criminal penalties.
• Sellers and owners of metal property and law enforcement, who must provide ownership verification, will be subject to new restrictions on certain sales, will benefit from the state database and theft holds, and law enforcement can use the data and inspect business sites.

Key Provisions

• Expanded records: recyclers must record purchaser details, employee, date/time, weight/description, amount paid, ownership verification, seller/deliverer names/addresses, photo/ID copies, and vehicle information.
• ACJIC registration and database: recyclers must register with ACJIC (fee $250/year) and enter specified purchase data into a state database, transmitted by 9:00 PM on the purchase day; data is confidential and limited to law enforcement.
• Payment limits: cash purchases are limited (e.g., over $50 for copper or $500 for other metals), with payments by check to the seller, mailed or collected; checks must be payable to the recorded seller.
• Age and hours: no purchases from individuals under 18; no purchases between 9:00 PM and 6:00 AM.
• Item restrictions: prohibits purchasing certain items without verified ownership documents (e.g., catalytic converters not from a vehicle, certain utility and memorial items, etc.) and requires documentation for certain coil/condensing units.
• Hold notices and penalties: law enforcement can issue hold notices on suspected stolen metal (initial 15 days, extended up to 30 days); violations carry Class B/A/C penalties and may include restitution.
• Civil immunity and local rules: public or private owners have limited civil liability protections related to theft injuries; the act preempts local ordinances on metal purchases, with some exceptions, and has an effective date after passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Secondary Metals Recyclers