AL
Alabama House Bill HB117

Alabama 2022 Regular Session

Alabama House Bill HB117 Compare Versions

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11 1 HB117
2-2 216104-3
2+2 216104-2
33 3 By Representatives Lee and Wood (R)
44 4 RFD: Judiciary
55 5 First Read: 13-JAN-22
66
7-Page 0 1 ENGROSSED
7+Page 0 1 216104-2:n:01/11/2022:CMH/bm LSA2021-2689R1
88 2
99 3
10-4 A BILL
11-5 TO BE ENTITLED
12-6 AN ACT
10+4
11+5
12+6
1313 7
14-8 Relating to crimes and offenses; to add Section
15-9 13A-8-37.3 to the Code of Alabama 1975, and to amend Sections
16-10 13A-8-31.1 and 13A-8-37.1, Code of Alabama 1975, to provide
17-11 requirements for the purchase, possession, and sale of certain
18-12 catalytic converters; to provide criminal penalties for a
19-13 violation; and in connection therewith would have as its
20-14 purpose or effect the requirement of a new or increased
21-15 expenditure of local funds within the meaning of Amendment 621
22-16 of the Constitution of Alabama of 1901, now appearing as
23-17 Section 111.05 of the Official Recompilation of the
24-18 Constitution of Alabama of 1901, as amended.
25-19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26-20 Section 1. Section 13A-8-37.3 is added to the Code
27-21 of Alabama 1975, to read as follows:
28-22 §13A-8-37.3.
29-23 (a) It is unlawful for any person to purchase, or
30-24 otherwise acquire, a used, detached catalytic converter, or
31-25 any nonferrous part thereof, unless all of the following
32-26 apply:
33-Page 1 1 (1) The person is registered as a secondary metals
34-2 recycler under Section 13A-8-31.2.
35-3 (2) The sale or purchase occurs at the fixed
36-4 business address of a secondary metals recycler that is a
37-5 party to the transaction. For purposes of this subdivision,
38-6 "fixed business address" of the secondary metals recycler
39-7 means the address of the business that is registered with the
40-8 Alabama Criminal Justice Information Center pursuant to
41-9 Section 13A-8-31.2; provided, however, the term may also
42-10 include the licensed address of a secondary metals recycler,
43-11 new or used motor vehicle dealer, automotive repair service,
44-12 motor vehicle manufacturer, licensed automotive dismantler and
45-13 parts recycler, or distributor of catalytic converters, who
46-14 sells or purchases the used, detached catalytic converter.
47-15 (3) The person has maintained all of the information
48-16 required under Section 13A-8-31 regarding the transaction.
49-17 (b)(1) Both of the following apply to the person who
50-18 possesses or sells a used, detached catalytic converter:
51-19 (b)(1) It is unlawful for a person to sell or
52-20 possess a used, detached catalytic converter unless either of
53-21 the following:
54-22 a. The person is a registered secondary metals
55-23 recycler, licensed new or used motor vehicle dealer, licensed
56-24 automotive repair service, motor vehicle manufacturer,
57-25 licensed automotive dismantler and parts recycler, or licensed
58-26 distributor of catalytic converters, and a copy of the
59-Page 2 1 seller's valid business license is received and maintained by
60-2 the person at the time of the transaction.
61-3 b. The person provides the purchaser with all of the
62-4 following information for the motor vehicle from which the
63-5 catalytic converter or part thereof was taken:
64-6 1. The name of the person that removed the catalytic
65-7 converter.
66-8 2. The name of the person for whom the removal was
67-9 completed.
68-10 3. The make and model of the vehicle from which the
69-11 catalytic converter was removed.
70-12 4. The vehicle identification number of the vehicle
71-13 from which the catalytic converter was removed.
72-14 5. The part number or other identifying number of
73-15 the catalytic converter that was removed.
74-16 6. A copy of the driver's license or nondriver
75-17 identification card of the seller of the catalytic converter.
76-18 7. A copy of the certificate of title or certificate
77-19 of registration showing the seller's ownership interest in the
78-20 vehicle.
79-21 (2) Before each purchase or acquisition of a used,
80-22 detached catalytic converter or part thereof, the secondary
81-23 metals recycler, including an agent, employee, or
82-24 representative thereof, shall do both of the following:
83-25 a. Verify, by obtaining the applicable
84-26 documentation, that the person transferring or selling the
85-Page 3 1 used, detached catalytic converter acquired it legally and has
86-2 the right to transfer it or sell it.
87-3 b. Retain a record of the applicable verification
88-4 and other information required under Section 13A-8-31, and
89-5 note in the business records of the secondary metals recycler
90-6 any obvious markings on the used, detached catalytic
91-7 converter, such as paint, labels, or engravings, that would
92-8 aid in the identification of the catalytic converter.
93-9 (c) Each catalytic converter that is purchased,
94-10 possessed, obtained, sold, transported, or otherwise acquired
95-11 in violation of this section is a separate violation of this
96-12 section.
97-13 (d) A person who violates this section is guilty of
98-14 a Class A misdemeanor on a first violation. On a second or
99-15 subsequent violation within a 10-year period, the person is
100-16 guilty of a Class C felony.
101-17 (e) A used, detached catalytic converter possessed
102-18 in violation of this section is contraband, subject to seizure
103-19 and forfeiture as provided pursuant to Section 20-2-93.
104-20 (f) For purposes of this section, a used, detached
105-21 catalytic converter does not include a catalytic converter
106-22 that has been tested, certified, and labeled for reuse in
107-23 accordance with applicable U.S. Environmental Protection
108-24 Agency Clean Air Act regulations.
109-25 Section 2. (a) It is unlawful for a possessor or
110-26 seller of a used, detached catalytic converter, or any
111-27 nonferrous part of a catalytic converter, to provide any
112-Page 4 1 false, fraudulent, altered, or counterfeit information or
113-2 documentation as required by Section 13A-8-37.3, Code of
114-3 Alabama 1975.
115-4 (d) A person who commits a violation of this section
116-5 is guilty of a Class A misdemeanor. On a second or subsequent
117-6 violation within a 10-year period, the person is guilty of a
118-7 Class C felony.
119-8 Section 3. Sections 13A-8-31.1 and 13A-8-37.1, Code
120-9 of Alabama 1975, are amended to read as follows:
121-10 "§13A-8-31.1.
122-11 "(a) A secondary metals recycler may not enter into
123-12 any cash transactions in excess of fifty dollars ($50) for
124-13 copper, copper/aluminum air conditioning coils, or catalytic
125-14 convertors converters, or any items described in subdivision
126-15 (a)(2) or (a)(10) of Section 13A-8-37, or any cash transaction
127-16 in excess of five hundred dollars ($500) for all other metals
128-17 in payment for the purchase of metal property. Payment by
129-18 check may be made payable only to the person whose information
130-19 was recorded pursuant to Section 13A-8-31.
131-20 "(b) It shall be unlawful for a secondary metals
132-21 recycler to purchase metal property from a person younger than
133-22 18 years of age.
134-23 "(c) Metal property may not be purchased between the
135-24 hours of 9:00 P.M. and 6:00 A.M.
136-25 "(d) Any person who intentionally violates the
137-26 requirements of this section shall be guilty of a Class B
138-27 misdemeanor for a first offense, a Class A misdemeanor for a
139-Page 5 1 second offense, and a Class C felony for a third or subsequent
140-2 offense within a 10-year period.
141-3 "§13A-8-37.1.
142-4 "(a) It is unlawful for a secondary metals recycler
143-5 to purchase the following property unless a copy of verifiable
144-6 documentation in addition to the signed statement required by
145-7 subdivision (a)(6) of Section 13A-8-31 is provided to the
146-8 secondary metals recycler that the seller is the owner of the
147-9 property:
148-10 "(1) Catalytic convertors converters that are not
149-11 part of an entire motor vehicle.
150-12 "(2) Metal property of a telephone company, an
151-13 electric company, a cable company, a water company, another
152-14 utility, or a railroad marked or otherwise identified as such.
153-15 "(3) Copper wire that has been burned to remove the
154-16 insulation, unless verifiable documentation is provided that
155-17 the source of the copper wire was in a building destroyed by
156-18 fire.
157-19 "(4) A copper, aluminum, or aluminum-copper
158-20 condensing or evaporating coil, including its tubing or rods,
159-21 from a heating or air conditioning unit, excluding scrap from
160-22 window air conditioning units and automobile condenser coils,
161-23 unless any one of the following criteria are satisfied:
162-24 "a. The condenser coils are being sold by a licensed
163-25 contractor, HVAC contractor, plumber, or electrician and a
164-26 current and valid license with number is provided at the time
165-Page 6 1 of sale and copied or scanned by the secondary metals recycler
166-2 at the time of sale.
167-3 "b. The condenser coils are being sold by a person
168-4 with verifiable documentation, such as a receipt or work
169-5 order, indicating that the condenser coils are the result of a
170-6 replacement of an air conditioner unit or condenser coils
171-7 performed by a licensed contractor.
172-8 "(5) Utility access covers, manhole covers, or storm
173-9 drain covers, unless the seller is a company that deals in the
174-10 manufacture or sale of the aforementioned products.
175-11 "(6) Grave markers, vases, memorials, statues,
176-12 plaques, or other bronze objects used at a cemetery or other
177-13 location where deceased persons are interred or memorialized
178-14 or any other metal historic markers or monuments or the
179-15 attached support or post to either, unless the seller is a
180-16 company that deals in the manufacture or sale of the
181-17 aforementioned products.
182-18 "(7) Any metal property that has been brightly
183-19 painted or marked to deter theft of the property.
184-20 "(8) Ventilation fans or similar fans designed to
185-21 supply fresh air to workers in confined spaces, such as
186-22 underground mines or other similar circumstances.
187-23 "(b) Any person in violation of this section shall
188-24 be guilty of a Class B felony."
189-25 Section 4. Although this bill would have as its
190-26 purpose or effect the requirement of a new or increased
191-27 expenditure of local funds, the bill is excluded from further
192-Page 7 1 requirements and application under Amendment 621, as amended
193-2 by Amendment 890, now appearing as Section 111.05 of the
194-3 Official Recompilation of the Constitution of Alabama of 1901,
195-4 as amended, because the bill defines a new crime or amends the
196-5 definition of an existing crime.
197-6 Section 5. This act shall become effective on the
198-7 first day of the third month following its passage and
199-8 approval by the Governor, or its otherwise becoming law.
200-Page 8 1
201-2
202-House of Representatives3
203-Read for the first time and re-4
204-5 ferred to the House of Representa-
205-tives committee on Judiciary ......6 .......13-JAN-22
206- 7
207-Read for the second time and placed8
208-on the calendar....................9 .......09-FEB-22
209- 10
210-Read for the third time and passed11
211-as amended.........................12 .......16-FEB-22
212-13 Yeas 102, Nays 0, Abstains 0
213-
214- 14
215-15 Jeff Woodard
216-16 Clerk
217-17
14+8 SYNOPSIS: Under existing law, a secondary metals
15+9 recycler is prohibited from entering into cash
16+10 transactions in excess of $50 for the purchase of a
17+11 catalytic converter.
18+12 Also under existing law, a secondary metals
19+13 recycler is prohibited from purchasing certain
20+14 metal property, including a catalytic converter,
21+15 unless the seller of the catalytic converter
22+16 provides a signed statement stating that he or she
23+17 is the rightful owner of the property or has been
24+18 authorized to sell the property.
25+19 This bill would provide certain requirements
26+20 for the purchase, possession, and sale of certain
27+21 used, detached catalytic converters, and would
28+22 provide criminal penalties for a violation.
29+23 Amendment 621 of the Constitution of Alabama
30+24 of 1901, now appearing as Section 111.05 of the
31+25 Official Recompilation of the Constitution of
32+26 Alabama of 1901, as amended, prohibits a general
33+27 law whose purpose or effect would be to require a
34+Page 1 1 new or increased expenditure of local funds from
35+2 becoming effective with regard to a local
36+3 governmental entity without enactment by a 2/3 vote
37+4 unless: it comes within one of a number of
38+5 specified exceptions; it is approved by the
39+6 affected entity; or the Legislature appropriates
40+7 funds, or provides a local source of revenue, to
41+8 the entity for the purpose.
42+9 The purpose or effect of this bill would be
43+10 to require a new or increased expenditure of local
44+11 funds within the meaning of the amendment. However,
45+12 the bill does not require approval of a local
46+13 governmental entity or enactment by a 2/3 vote to
47+14 become effective because it comes within one of the
48+15 specified exceptions contained in the amendment.
49+16
50+17 A BILL
51+18 TO BE ENTITLED
52+19 AN ACT
53+20
54+21 Relating to crimes and offenses; to add Section
55+22 13A-8-37.3 to the Code of Alabama 1975, and to amend Sections
56+23 13A-8-31.1 and 13A-8-37.1, Code of Alabama 1975, to provide
57+24 requirements for the purchase, possession, and sale of certain
58+25 catalytic converters; to provide criminal penalties for a
59+26 violation; and in connection therewith would have as its
60+27 purpose or effect the requirement of a new or increased
61+Page 2 1 expenditure of local funds within the meaning of Amendment 621
62+2 of the Constitution of Alabama of 1901, now appearing as
63+3 Section 111.05 of the Official Recompilation of the
64+4 Constitution of Alabama of 1901, as amended.
65+5 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
66+6 Section 1. Section 13A-8-37.3 is added to the Code
67+7 of Alabama 1975, to read as follows:
68+8 §13A-8-37.3.
69+9 (a) It is unlawful for any person to purchase, or
70+10 otherwise acquire, a used, detached catalytic converter, or
71+11 any nonferrous part thereof, unless all of the following
72+12 apply:
73+13 (1) The person is registered as a secondary metals
74+14 recycler under Section 13A-8-31.2.
75+15 (2) The sale or purchase occurs at the fixed
76+16 business address of a secondary metals recycler that is a
77+17 party to the transaction. For purposes of this subdivision,
78+18 "fixed business address" of the secondary metals recycler
79+19 means the address of the business that is registered with the
80+20 Alabama Criminal Justice Information Center pursuant to
81+21 Section 13A-8-31.2; provided, however, the term may also
82+22 include the licensed address of a secondary metals recycler,
83+23 new or used motor vehicle dealer, automotive repair service,
84+24 motor vehicle manufacturer, licensed automotive dismantler and
85+25 parts recycler, or distributor of catalytic converters, who
86+26 sells or purchases the used, detached catalytic converter.
87+Page 3 1 (3) The person has maintained all of the information
88+2 required under Section 13A-8-31 regarding the transaction.
89+3 (b)(1) Both of the following apply to the person who
90+4 possesses or sells a used, detached catalytic converter:
91+5 a. The person is a registered secondary metals
92+6 recycler, licensed new or used motor vehicle dealer, licensed
93+7 automotive repair service, motor vehicle manufacturer,
94+8 licensed automotive dismantler and parts recycler, or licensed
95+9 distributor of catalytic converters, and a copy of the
96+10 seller's valid business license is received and maintained by
97+11 the person at the time of the transaction.
98+12 b. The person provides the purchaser with all of the
99+13 following information for the motor vehicle from which the
100+14 catalytic converter or part thereof was taken:
101+15 1. The name of the person that removed the catalytic
102+16 converter.
103+17 2. The name of the person for whom the removal was
104+18 completed.
105+19 3. The make and model of the vehicle from which the
106+20 catalytic converter was removed.
107+21 4. The vehicle identification number of the vehicle
108+22 from which the catalytic converter was removed.
109+23 5. The part number or other identifying number of
110+24 the catalytic converter that was removed.
111+25 6. A copy of the driver's license or nondriver
112+26 identification card of the seller of the catalytic converter.
113+Page 4 1 7. A copy of the certificate of title or certificate
114+2 of registration showing the seller's ownership interest in the
115+3 vehicle.
116+4 (2) Before each purchase or acquisition of a used,
117+5 detached catalytic converter or part thereof, the secondary
118+6 metals recycler, including an agent, employee, or
119+7 representative thereof, shall do both of the following:
120+8 a. Verify, by obtaining the applicable
121+9 documentation, that the person transferring or selling the
122+10 used, detached catalytic converter acquired it legally and has
123+11 the right to transfer it or sell it.
124+12 b. Retain a record of the applicable verification
125+13 and other information required under Section 13A-8-31, and
126+14 note in the business records of the secondary metals recycler
127+15 any obvious markings on the used, detached catalytic
128+16 converter, such as paint, labels, or engravings, that would
129+17 aid in the identification of the catalytic converter.
130+18 (c) Each catalytic converter that is purchased,
131+19 possessed, obtained, sold, transported, or otherwise acquired
132+20 in violation of this section is a separate violation of this
133+21 section.
134+22 (d) A person who violates this section is guilty of
135+23 a Class A misdemeanor on a first violation. On a second or
136+24 subsequent violation within a 10-year period, the person is
137+25 guilty of a Class C felony.
138+Page 5 1 (e) A used, detached catalytic converter possessed
139+2 in violation of this section is contraband, subject to seizure
140+3 and forfeiture as provided pursuant to Section 20-2-93.
141+4 (f) For purposes of this section, a used, detached
142+5 catalytic converter does not include a catalytic converter
143+6 that has been tested, certified, and labeled for reuse in
144+7 accordance with applicable U.S. Environmental Protection
145+8 Agency Clean Air Act regulations.
146+9 Section 2. (a) It is unlawful for a possessor or
147+10 seller of a used, detached catalytic converter, or any
148+11 nonferrous part of a catalytic converter, to provide any
149+12 false, fraudulent, altered, or counterfeit information or
150+13 documentation as required by Section 13A-8-37.3, Code of
151+14 Alabama 1975.
152+15 (d) A person who commits a violation of this section
153+16 is guilty of a Class A misdemeanor. On a second or subsequent
154+17 violation within a 10-year period, the person is guilty of a
155+18 Class C felony.
156+19 Section 3. Sections 13A-8-31.1 and 13A-8-37.1, Code
157+20 of Alabama 1975, are amended to read as follows:
158+21 "§13A-8-31.1.
159+22 "(a) A secondary metals recycler may not enter into
160+23 any cash transactions in excess of fifty dollars ($50) for
161+24 copper, copper/aluminum air conditioning coils, or catalytic
162+25 convertors converters, or any items described in subdivision
163+26 (a)(2) or (a)(10) of Section 13A-8-37, or any cash transaction
164+27 in excess of five hundred dollars ($500) for all other metals
165+Page 6 1 in payment for the purchase of metal property. Payment by
166+2 check may be made payable only to the person whose information
167+3 was recorded pursuant to Section 13A-8-31.
168+4 "(b) It shall be unlawful for a secondary metals
169+5 recycler to purchase metal property from a person younger than
170+6 18 years of age.
171+7 "(c) Metal property may not be purchased between the
172+8 hours of 9:00 P.M. and 6:00 A.M.
173+9 "(d) Any person who intentionally violates the
174+10 requirements of this section shall be guilty of a Class B
175+11 misdemeanor for a first offense, a Class A misdemeanor for a
176+12 second offense, and a Class C felony for a third or subsequent
177+13 offense within a 10-year period.
178+14 "§13A-8-37.1.
179+15 "(a) It is unlawful for a secondary metals recycler
180+16 to purchase the following property unless a copy of verifiable
181+17 documentation in addition to the signed statement required by
182+18 subdivision (a)(6) of Section 13A-8-31 is provided to the
183+19 secondary metals recycler that the seller is the owner of the
184+20 property:
185+21 "(1) Catalytic convertors converters that are not
186+22 part of an entire motor vehicle.
187+23 "(2) Metal property of a telephone company, an
188+24 electric company, a cable company, a water company, another
189+25 utility, or a railroad marked or otherwise identified as such.
190+26 "(3) Copper wire that has been burned to remove the
191+27 insulation, unless verifiable documentation is provided that
192+Page 7 1 the source of the copper wire was in a building destroyed by
193+2 fire.
194+3 "(4) A copper, aluminum, or aluminum-copper
195+4 condensing or evaporating coil, including its tubing or rods,
196+5 from a heating or air conditioning unit, excluding scrap from
197+6 window air conditioning units and automobile condenser coils,
198+7 unless any one of the following criteria are satisfied:
199+8 "a. The condenser coils are being sold by a licensed
200+9 contractor, HVAC contractor, plumber, or electrician and a
201+10 current and valid license with number is provided at the time
202+11 of sale and copied or scanned by the secondary metals recycler
203+12 at the time of sale.
204+13 "b. The condenser coils are being sold by a person
205+14 with verifiable documentation, such as a receipt or work
206+15 order, indicating that the condenser coils are the result of a
207+16 replacement of an air conditioner unit or condenser coils
208+17 performed by a licensed contractor.
209+18 "(5) Utility access covers, manhole covers, or storm
210+19 drain covers, unless the seller is a company that deals in the
211+20 manufacture or sale of the aforementioned products.
212+21 "(6) Grave markers, vases, memorials, statues,
213+22 plaques, or other bronze objects used at a cemetery or other
214+23 location where deceased persons are interred or memorialized
215+24 or any other metal historic markers or monuments or the
216+25 attached support or post to either, unless the seller is a
217+26 company that deals in the manufacture or sale of the
218+27 aforementioned products.
219+Page 8 1 "(7) Any metal property that has been brightly
220+2 painted or marked to deter theft of the property.
221+3 "(8) Ventilation fans or similar fans designed to
222+4 supply fresh air to workers in confined spaces, such as
223+5 underground mines or other similar circumstances.
224+6 "(b) Any person in violation of this section shall
225+7 be guilty of a Class B felony."
226+8 Section 4. Although this bill would have as its
227+9 purpose or effect the requirement of a new or increased
228+10 expenditure of local funds, the bill is excluded from further
229+11 requirements and application under Amendment 621, as amended
230+12 by Amendment 890, now appearing as Section 111.05 of the
231+13 Official Recompilation of the Constitution of Alabama of 1901,
232+14 as amended, because the bill defines a new crime or amends the
233+15 definition of an existing crime.
234+16 Section 5. This act shall become effective on the
235+17 first day of the third month following its passage and
236+18 approval by the Governor, or its otherwise becoming law.
218237 Page 9