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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.)...
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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-8-34
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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32-1-1.1
Section 32-1-1.1 Definitions. The following words and phrases when used in this title, for
the purpose of this title, shall have meanings respectively ascribed to them in this section,
except when the context otherwise requires: (1) ALLEY. A street or highway intended to provide
access to the rear or side of lots or buildings in urban districts and not intended for the
purpose of through vehicular traffic. (2) ARTERIAL STREET. Any United States or state numbered
route, controlled-access highway, or other major radial or circumferential street or highway
designated by local authorities within their respective jurisdictions as part of a major arterial
system of streets or highways. (3) AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles,
police vehicles, and ambulances as are publicly owned, and such other publicly or privately
owned vehicles as are designated by the Secretary of the Alabama State Law Enforcement Agency
or the chief of police of an incorporated city. (4) BICYCLE....
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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...
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13A-8-31.1
Section 13A-8-31.1 Payment and purchase limitations. (a) A secondary metals recycler may not
enter into any cash transactions in excess of fifty dollars ($50) for copper, copper/aluminum
air conditioning coils, or catalytic convertors, or any items described in subdivision (a)(2)
or (a)(10) of Section 13A-8-37, or in excess of five hundred dollars ($500) for all other
metals in payment for the purchase of metal property. Payment by check may be made payable
only to the person whose information was recorded pursuant to Section 13A-8-31. (b) It shall
be unlawful for a secondary metals recycler to purchase metal property from a person younger
than 18 years of age. (c) Metal property may not be purchased between the hours of 9:00 P.M.
and 6:00 A.M. (d) 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...
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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-8-32
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.)...
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13A-8-39
Section 13A-8-39 Application. This article shall apply to all businesses regulated under this
article without regard to the location within the State of Alabama and shall take precedence
over any and all local ordinances governing purchase transactions of metal property by a secondary
metals recycler. (Act 2007-451, p. 930, §10; Act 2010-508, p. 836, §1; Act 2012-426, p.
1149, §1.)...
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