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13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary
metals recycler contests the identification or ownership of the metal property, the party
other than the secondary metals recycler claiming ownership of any metal property in the possession
of the secondary metals recycler may, provided that a timely report of the theft of the metal
property was made to the proper authorities, bring an action in the circuit court of the county
in which the secondary metals recycler is located. The petition for the action shall include
a description of the means of identification of the metal property utilized by the petitioner
to determine ownership of the metal property in the possession of the secondary metals recycler.
If the person who sold the metal property to the secondary metals recycler is convicted of
theft of property or criminal mischief related to the removal of the metal property, the court
shall order the defendant to make full restitution to...
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32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
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13A-8-36
Section 13A-8-36 Damage or destruction of property. (a) It is unlawful for a person with the
intent to damage property and having no right to do so or any reasonable ground to believe
that he or she has such a right, damages or destroys any of the following: (1) Telecommunications,
cable communications, or electric power transmission pedestal or pole owned or operated by
a telecommunications, cable, or electric power company or cooperative, or electric power supplier,
or railroad. (2) Telecommunications, cable communications, or electric power grounding or
any other equipment or materials used in the delivery of electricity, wire, fiber insulator,
power supply transformer, ground wire, or other apparatus, equipment, or fixture used in the
transmission of telecommunications, cable communications, or electric power owned or operated
by a telecommunications, cable, or electric power company or cooperative, or electric power
supplier, or railroad. (3) Equipment used in the transmission of...
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13A-8-31
Section 13A-8-31 Record of purchases. (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...
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13A-8-37.1
Section 13A-8-37.1 Ownership documentation required for purchase of certain property. (a) It
is unlawful for a secondary metals recycler to purchase the following property unless a copy
of verifiable documentation in addition to the signed statement required by subdivision (a)(6)
of Section 13A-8-31 is provided to the secondary metals recycler that the seller is the owner
of the property: (1) Catalytic convertors that are not part of an entire motor vehicle. (2)
Metal property of a telephone company, an electric company, a cable company, a water company,
another utility, or a railroad marked or otherwise identified as such. (3) Copper wire that
has been burned to remove the insulation, unless verifiable documentation is provided that
the source of the copper wire was in a building destroyed by fire. (4) A copper, aluminum,
or aluminum-copper condensing or evaporating coil, including its tubing or rods, from a heating
or air conditioning unit, excluding scrap from window air...
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13A-8-30
Section 13A-8-30 Definitions. 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) PERSONAL IDENTIFICATION CARD. A driver's
license or identification card issued by the Alabama State Law...
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13A-8-35
Section 13A-8-35 Exceptions. This article shall not apply to purchases of metal property from
any of the following: (1) A law enforcement officer acting in an official capacity unless
the law enforcement officer is investigating a compliance issue pursuant to this article or
is presenting metal property for sale. (2) A trustee in bankruptcy, executor, administrator,
or receiver who has presented proof of such status to the secondary metals recycler. (3) Any
public official acting under a court order who has presented proof of such status to the secondary
metals recycler. (4) A sale or the execution, or by virtue, of any process issued by a court
if proof thereof has been presented to the secondary metals recycler. (5) A manufacturing,
industrial, or other commercial vendor that generates or sells regulated metal property in
the ordinary course of its business. (6) A municipal, county, state, federal, or other governmental
entity. (7) A utility company. (8) A funeral home or the owner...
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32-13-3
Section 32-13-3 Authority to sell; notice; bill of sale; records; voiding of sale; title. (a)
A person, as defined in Section 40-12-240, in possession of a motor vehicle that is considered
an abandoned motor vehicle may sell the motor vehicle at a public auction. (b)(1) Notice of
the date, time, and place of the sale and a description of the motor vehicle to be sold, including
the year, make, model, and vehicle identification number, shall be given by publication once
a week for two successive weeks in a newspaper of general circulation in the county in which
the sale is to be held, provided the vehicle is currently registered in the county. In counties
in which no newspaper is published, notice shall be given by posting such notice in a conspicuous
place at the courthouse. The first publication or posting, as the case may be, shall be at
least 30 days before the date of sale. A person selling a motor vehicle at public auction
under subsection (a) shall give notice of the public...
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33-5-100
Section 33-5-100 Unauthorized alteration or removal of identification number or registration
information; forfeiture. (a) As used in this section, the following words have the following
meanings: (1) FALSIFY. The term includes alter and forge. (2) IDENTIFIABLE COMPONENT PART.
The term includes any part of a vessel or outboard motor that has an identifying number stamped,
molded, engraved, cast, or placed on it by the manufacturer or any part that can be identified
by other means as being a part of a particular vessel or outboard motor. (3) IDENTIFICATION
NUMBER. The term includes an identifying number, engine number, outboard motor number, or
other distinguishing number or mark placed on a vessel, outboard motor, vessel trailer, or
the engine, transmission, or other component part of a vessel, by its manufacturer or by authority
of the Department of Conservation and Natural Resources or in accordance with the laws of
another state or country. (4) REMOVE. The term includes deface,...
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40-12-240
Section 40-12-240 Definitions. (a) For the purpose of this article, the following terms shall
have the respective meanings ascribed by this section: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) ESTABLISHED PLACE OF BUSINESS. A place actually occupied either continuously
or at regular periods at or from which a business or a part thereof is transacted. (3) FARM
TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows,
mowing machines, and other implements designed and used for agricultural purposes and only
incidentally moved upon public highways. (4) FARMER. An individual, partnership, cooperative
corporation, or other entity actively engaged in agriculture or agricultural activities as
the same are circumscribed and defined in paragraphs a. and b. of Section 41-14-51(1). (5)
FLEET. A group of similarly classified fleet vehicles comprised of 50 or more units or other
amount as prescribed by the department. (6) FLEET OPERATOR. A person,...
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