SB380 By Senators Hightower, Melson, Glover and Figures RFD Fiscal Responsibility and Economic Development Rd 1 14-APR-15

SYNOPSIS: Under existing law, a secondary metals recycler must maintain certain information regarding cash purchases of copper and other secondary metals.

This bill would require the secondary metal recycler to maintain additional information regarding each sale transaction. This bill would clarify that the secondary metals recycler may accept only a personal identification card containing a birth date and a unique identification number, which the secondary metals recycler is required to record in his or her records. This bill would require the secondary metals recycler to maintain this information in the record of the transaction along with the name and address of both the person receiving consideration for the metal property and the person delivering the metal property. This bill would also require the secondary metals recycler to include the make, model, and color of the vehicle delivering the metal property. This bill would clarify that the secondary metals recycler must enter all of the information into the Alabama Criminal Justice Information Center Database.

This bill would require the Alabama Criminal Justice Information Center to make certain changes in the secondary metals database to facilitate searches by date of birth in conjunction with the first and last name of the seller of metal property and the person delivering the metal property if that person is different from the person receiving consideration for the property.

A BILL TO BE ENTITLED AN ACT

Relating to secondary metals recyclers; to amend Sections 13A-8-30, 13A-8-31, and 13A-8-31.2, Code of Alabama 1975; to provide further for the information regarding each sale of metal property required to be maintained by a secondary metals recycler; to require the information to be entered into the Alabama Criminal Justice Information Center database for secondary metals transactions; and to require the Alabama Criminal Justice Information Center to make certain changes to the secondary metals database to facilitate certain searches related to metal property.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-8-30, 13A-8-31, and 13A-8-31.2, Code of Alabama 1975, are amended to read as follows:

§13A-8-30.

"As used in this article, the following terms have the following meanings:

"(1) FERROUS METALS. Any metals containing significant quantities of iron or steel, excluding motor vehicles purchased in accordance with Section 32-8-87.

"(2) LAW ENFORCEMENT OFFICER. A duly constituted and certified peace officer of the State of Alabama or of any county or municipality within the state.

"(3) METAL PROPERTY. Metals as defined in this section as either ferrous or nonferrous metals.

"(4) NONFERROUS METALS. Metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum other than aluminum cans, bronze, lead, zinc, nickel, stainless steel, and alloys thereof, including stainless steel beer kegs.

"(5) PERSON. An individual, partnership, corporation, joint venture, trust, association, or any other legal entity.

"(6) PERSON DELIVERING METAL PROPERTY. The person who operates the vehicle that delivers the metal property to the secondary metals recycler or who otherwise delivers the metal property.

"(7) PERSON RECEIVING CONSIDERATION. The person who is receiving monetary consideration for the metal property delivered to the secondary metals recycler.

"(6)(8) PERSONAL IDENTIFICATION CARD. A driver's license or identification card issued by the Department of Public Safety or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security, which contains a unique identification number and date of birth of the person.

"(7)(9) PHOTOGRAPH. A still photographic image, including an image captured in digital format, which is of such quality that the persons and objects depicted are identifiable.

"(8)(10) PURCHASE TRANSACTION. A transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property.

"(9)(11) SECONDARY METALS RECYCLER. Any person, whether licensed or not licensed, who is engaged, from a fixed location or otherwise, in the business of paying compensation for ferrous or nonferrous metals, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. The term does not include a pawnbroker licensed pursuant to Chapter 19A of Title 5, or a licensed automotive dismantler and parts recycler as defined in Section 40-12-410, unless the entities engage in the business of paying compensation for ferrous or nonferrous metals.

"(10)(12) VERIFIABLE DOCUMENTATION. Written evidence of ownership which may be verified, including, but not limited to, receipts, bills of sale, titles, certificates of title, purchase agreements, shipping manifests, work orders, etc.

§13A-8-31.

"(a) A secondary metals recycler shall maintain a legible record of all purchase transactions of ferrous or nonferrous metals to which the secondary metals recycler is a party. The record shall include all of the following information:

"(1) The name and address of the secondary metals recycler.

"(2) The name or identification of the employee responsible for making the purchase on behalf of the secondary metals recycler.

"(3) The date and time of the transaction.

"(4) The weight, quantity, or volume and a description of the type of metal property purchased in a purchase transaction. For purposes of this subdivision, the term "type of metal property" shall include a general physical description, such as wire, tubing, extrusions, or casting.

"(5) The amount of consideration given in a purchase transaction for the metal property.

"(6) A signed statement from the person receiving consideration in the purchase transaction stating that he or she is the rightful owner of the metal property or is authorized to sell the metal property being sold.

"(7) The name and address of the person delivering the metal property to the secondary metals recycler.

"(8) A photocopy or scanned copy of the personal identification card of the person delivering the metal property to the secondary metals recycler, including the name, address, and distinctive number from, and type of, the personal identification card of the person delivering the metal property to the secondary metals recycler. If the person delivering the metal property is not the same person receiving consideration for the metal property, the personal information and identification card information are required of both the person delivering the property and the person receiving consideration for the metal property.

"(9)(8) The vehicle license tag number and state of issue, or the vehicle identification number if no vehicle license tag is available, and the type of vehicle used to deliver the metal property to the secondary metals recycler. For purposes of this subdivision, the term "type of vehicle" shall mean an automobile, pickup truck, van, or truck to include the make, model, and color of the vehicle.

"(10)(9) A digital photograph or video recording of the person delivering or and receiving consideration for the metal property delivered to the secondary metals recycler in which the person's facial features are clearly visible and a photograph or video recording of the metal property as delivered or sold in which the type of metal property is identifiable. The time and date shall be digitally recorded on the photograph or video recording.

"(b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) for not less than one year from the date of the purchase transaction.

"(c) Any person who intentionally violates the requirements of subsections (a) or (b) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10 year period.

"(d) It shall be unlawful for any person to give false information and receive money or other consideration from a secondary metals recycler in return for metal property. Any person in violation this subsection shall be guilty of a Class C felony.

§13A-8-31.2.

"(a) All secondary metals recyclers subject to this article shall register with the Alabama Criminal Justice Information Center (ACJIC) by August 31, 2012, and shall pay an annual registration fee of two hundred fifty dollars ($250) to ACJIC. In the event the electronic reporting system is not fully implemented by August 1, 2012, the record maintenance and reporting requirements of the current law shall remain in full force and effect until such time as the ACJIC electronic reporting system is fully implemented. The registration shall include the name of the business, address of the business, telephone number, and the name of the owner or owners of the business.

"(b)(1) Prior to January 1, 2013, secondary metals recyclers shall continue to abide by any reporting requirements currently in effect and followed by the recyclers.

"(2) Effective January 1, 2013, A secondary metals recyclers shall enter the information required by subdivisions (1), (3), (4), (5), (7), and (9) (8) of subsection (a) of Section 13A-8-31 into a database maintained by the ACJIC and shall transmit such information electronically to the database no later than 9:00 P.M. on the day of a purchase transaction. The information must include the distinctive identification number and date of birth from the identification card required to be scanned or photocopied in subdivision (7). The ACJIC Commission in consultation with the members of the Alabama Recycling Association shall promulgate rules, regulations, and policies for the receipt and dissemination of the information in the database through ACJIC information systems. All information reported by secondary metals recyclers pursuant to this section shall be considered to be confidential and privileged and exempt from disclosure under Section 41-13-1. The ACJIC Commission shall ensure that adequate safeguards are incorporated and maintained so that the data may be accessed and used only by properly authorized law enforcement agencies for the purpose of investigating thefts of metal property. Any person releasing or using this data in an unauthorized manner shall be subject to the provisions of Section 13A-10-82.

"(3) On or before January 1, 2016, the Alabama Criminal Justice Information Center shall provide that the secondary metals database is searchable by date of birth in conjunction with the first and last name of the seller of the metal property and the person delivering the metal property if that person is different from the person receiving consideration for the property.

"(c) Any person who intentionally violates the requirements of this section shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10 year period."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Secondary Metals Recyclers

Copper

Crimes and Offenses

Criminal Justice Information Center

Junkyards

Recycling

Code Amended