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)

Description

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

This bill would require a secondary metals recycler upon request of the sheriff or chief of police to provide notice and identifying information to law enforcement of the municipality or county in which a transaction is conducted and 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 require a secondary metals recycler to notify law enforcement of the municipality or county in which the secondary metals recycler intends to conduct business of certain information concerning the business and would authorize law enforcement of the municipality or county to inspect the proposed business site.

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.

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.

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Subjects

Secondary Metals Recyclers