|
13A-8-33
Section 13A-8-33 Law enforcement officers authorized to place hold on certain sales of metals.
(a)(1) Whenever a law enforcement officer has reasonable suspicion to believe that any item
of metal property in the possession of a secondary metals recycler has been stolen, the law
enforcement officer, may issue a hold notice to the secondary metals recycler. The hold notice
shall be in writing, shall be delivered to the secondary metals recycler, shall specifically
identify those items of metal property that are believed to have been stolen and that are
subject to the notice, and shall inform the secondary metals recycler of the information contained
in this section. (2) Upon receipt of the notice, the secondary metals recycler may not process
or remove the items of metal property identified in the notice, or any portion thereof, from
the place of business of the secondary metals recycler for 15 calendar days after receipt
of the notice by the secondary metals recycler, unless sooner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-33.htm - 2K - Match Info - Similar pages
13A-8-32
Section 13A-8-32 Inspections. During the usual and customary business hours of a secondary
metals recycler, a law enforcement officer, after properly identifying himself or herself
as a law enforcement officer, shall have the right to inspect: (1) All purchased metal property
in the possession of the secondary metals recycler. (2) All records required to be maintained
under Section 13A-8-31. (Act 2007-451, p. 930, §3; Act 2012-426, p. 1149, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-32.htm - 781 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-35.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-30.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-8-87.htm - 32K - Match Info - Similar pages
13A-8-37.2
Section 13A-8-37.2 Lawful possession of metal property. Compliance by a secondary metals recycler
with Sections 13A-8-31, 13A-8-31.1, 13A-8-31.2, and 13A-8-37.1, with regard to a purchase
of metal property shall be recognized by law enforcement agencies and the Alabama state courts
as evidence that the possession of the metal property is lawful. (Act 2012-426, p. 1149, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-37.2.htm - 685 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-36.htm - 5K - Match Info - Similar pages
13A-8-31.2
Section 13A-8-31.2 Registration and reporting requirements. (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, secondary
metals recyclers shall enter the information required by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-31.2.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-34.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-31.htm - 3K - Match Info - Similar pages
|