Compare versions

--- version:Introduced
+++ version:(document, no version)
@@ -1,760 +1,15 @@
-HB482 INTRODUCED
-Page 0
-HB482
-HGHCB88-1
-By Representatives Wadsworth, Whorton
-RFD: Economic Development and Tourism
-First Read: 19-Feb-26
-1
-2
-3
-4
-5
-HGHCB88-1 09/24/2025 CMH (L)bm 2025-2418
+FN-DG4C9NN-1
 Page 1
-First Read: 19-Feb-26
-SYNOPSIS:
-Under existing law, all secondary metals
-recyclers are required to maintain a record of all
-purchase transactions of ferrous and nonferrous metals
-to which the recycler is a party, and must report the
-information to the Alabama Criminal Justice Information
-Center into a database on the day of a purchase
-transaction.
-Also under existing law, it is unlawful for a
-person to damage or destroy certain enumerated types of
-property commonly subject to recycling by secondary
-metals recyclers. It is also unlawful to possess or
-control the property if the property has been stolen.
-This bill would provide certain minimum periods
-of incarceration for violations and would also add
-certain types of copper wire within the list of
-protected property.
-A BILL
-TO BE ENTITLED
-AN ACT
-Relating to crimes and offenses; to amend Sections
-1
-2
-3
-4
-5
-6
-7
-8
-9
-10
-11
-12
-13
-14
-15
-16
-17
-18
-19
-20
-21
-22
-23
-24
-25
-26
-27
-28
-HB482 INTRODUCED
-Page 2
-Relating to crimes and offenses; to amend Sections
-13A-8-36, 13A-8-37, 13A-8-37.1, and 13A-8-37.4, Code of
-Alabama 1975, to further provide for thefts involving
-secondary metals; to provide additional requirements of
-persons engaged in the sale and recycling of certain secondary
-metals; to provide certain requirements for the recycling of
-certain types of copper; and to further provide for certain
-penalties for violations.
-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
-Section 1.  Sections 13A-8-36, 13A-8-37, 13A-8-37.1, and
-13A-8-37.4, Code of Alabama 1975, are amended to read as
-follows:
-"§13A-8-36
-(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,
-to damage damages  or destroys destroy  any of the following:
-(1) Telecommunications, cable communications, or an
-electric power transmission pedestal or pole owned or operated
-by a telecommunications, cable, or electric power company or
-cooperative, oran electric power supplier, or a 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, oran electric power supplier, or
-29
-30
-31
-32
-33
-34
-35
-36
-37
-38
-39
-40
-41
-42
-43
-44
-45
-46
-47
-48
-49
-50
-51
-52
-53
-54
-55
-56
-HB482 INTRODUCED
-Page 3
-power company or cooperative, oran electric power supplier, or
-a railroad.
-(3) Equipment used in the transmission of wireless
-communications or related to wireless communications.
-(4) Equipment used at any facility of over the
-airover-the-air  broadcast companies.
-(5) Railroad materials and lading, including, but not
-limited to, any rail telecommunications; cable communications;
-power and signal equipment and wires; road/rail crossing
-signals, equipment, and wires; metal property lading being
-transported by a railroad; and any railroad track and other
-operating materials, including switch component, spike, angle
-bar, tie plate , or bolt of the type used in constructing
-railroads.
-(6) Electric Any electric  power line, gas line, water
-line, wire or fiber insulators, electric motors or other
-apparatus, heating and cooling systems, and environmental
-control systems that are connected to farm shops, on-farm
-grain drying and storage complexes, animal production
-facilities, irrigation systems, greenhouse facilities, or
-other agricultural, forestry, or food-related activities,
-equipment, structures, systems, or vehicles.
-(7) Any electric power line, gas line, water line, wire
-or fiber insulators, fencing, gates, security structures,
-electric motors or other apparatus, metering instruments,
-communications antenna, environmental control systems, and
-processing plants that are connected to oil, natural gas,
-coalbed methane, shale gas, or other petroleum producing
-properties, equipment, structures, systems, or vehicles.
-57
-58
-59
-60
-61
-62
-63
-64
-65
-66
-67
-68
-69
-70
-71
-72
-73
-74
-75
-76
-77
-78
-79
-80
-81
-82
-83
-84
-HB482 INTRODUCED
-Page 4
-properties, equipment, structures, systems, or vehicles.
-(8) Any metal property from a school, place of worship,
-or a secondary metals recycler's premises.
-(9) 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 conditioning units and automobile condenser coils, unless
-any one either  of the following criteria are satisfied:
-a. The condenser coils are being sold by a licensed
-contractor, HVAC contractor, plumber, or electrician and a
-current and valid license with number is provided at the time
-of sale and copied or scanned by the secondary metals recycler
-at the time of sale.
-b. The condenser coils are being sold by a person with
-verifiable documentation, such as a receipt or work order,
-indicating that the condenser coils are the result of a
-replacement of an air conditioner unit or condenser coils
-performed by a licensed contractor.
-(10) Utility access covers, manhole covers, or storm
-drain covers, unless the seller is a company that deals in the
-manufacture or sale of the aforementioned products.
-(11) Grave markers, vases, memorials, statues, plaques,
-or other bronze objects used at a cemetery or other location
-where deceased persons individuals  are interred or
-memorialized , or any other metal historic markers or monuments
-or the attached support or post to either, unless the seller
-is a company that deals in the manufacture or sale of the
-aforementioned products.
-(12) Copper wire removed from any building, utility, or
-85
-86
-87
-88
-89
-90
-91
-92
-93
-94
-95
-96
-97
-98
-99
-100
-101
-102
-103
-104
-105
-106
-107
-108
-109
-110
-111
-112
-HB482 INTRODUCED
-Page 5
-(12) Copper wire removed from any building, utility, or
-other structure.
-(b)(1) Any Except as provided in subdivision (2), any
-person in violation of this section shall be guilty of a Class
-C felony  and shall be sentenced to a term of imprisonment of
-not less than two years .
-(c)(2) Any person in violation of this section shall be
-guilty of a Class B felony and shall be sentenced to a term of
-imprisonment of not less than three years if the damage or
-destruction causes imminent danger to the health and safety of
-the public, a metal owner's employees, first responders, law
-enforcement officers, or utility workers, or cause an
-interruption in communications services or electric utility
-services. For purposes of this subsection subdivision ,
-"imminent danger" means the existence of any condition that
-could hinder or disrupt the normal operation of equipment,
-systems, or services provided for the health and safety of the
-public, metal owner's employees, first responders, law
-enforcement officers, or utility workers , or cause an
-interruption in communications services or electric utility
-services.
-(3) Notwithstanding any provision of law to the
-contrary, any term of imprisonment imposed pursuant to this
-section shall run consecutive with any other term of
-imprisonment for any other offense and shall not be eligible
-for any of the following:
-a. Probation.
-b. Community corrections.
-c. Any split or suspended sentence provision pursuant
-113
-114
-115
-116
-117
-118
-119
-120
-121
-122
-123
-124
-125
-126
-127
-128
-129
-130
-131
-132
-133
-134
-135
-136
-137
-138
-139
-140
-HB482 INTRODUCED
-Page 6
-c. Any split or suspended sentence provision pursuant
-to Section 15-18-8.
-d. Any type of early release program, work release
-program, good time, or any other program which would change
-the overall time or location of incarceration.
-e. Any sentencing schedule or worksheet adopted,
-created, or otherwise released by the Alabama Sentencing
-Commission.
-(d)(c) At the time of sentencing of any person
-convicted under this section, the judge may order restitution
-in an amount determined by the court; provided, however, the
-amount shall not be less than the value of the metal property
-determined to have been damaged or stolen and shall include
-the cost of replacement and the cost to repair any and all
-damage caused during the commission of the crime for which the
-person is convicted."
-"§13A-8-37
-(a) It is unlawful for a person to possess or control
-the following property knowing that itthe property  has been
-stolen or having reasonable grounds to believe itthe property
-has been stolen, unless the property is possessed or
-controlled with intent to restore it to the owner:
-(1) Metal property marked with the initials of an
-electrical company, a telephone company, a cable company,
-another public utility, a railroad, or a brewer.
-(2) Utility access covers, manhole covers, or storm
-drain covers, unless the seller is a company that deals in the
-manufacture or sale of the aforementioned products.
-(3) Street light poles andor fixtures, unless the
-141
-142
-143
-144
-145
-146
-147
-148
-149
-150
-151
-152
-153
-154
-155
-156
-157
-158
-159
-160
-161
-162
-163
-164
-165
-166
-167
-168
-HB482 INTRODUCED
-Page 7
-(3) Street light poles andor fixtures, unless the
-seller is a company that deals in the manufacture or sale of
-the aforementioned such  products.
-(4) Road and bridge guard rails unless the seller is a
-company that deals in the manufacture or sale of the
-aforementioned such  products.
-(5) Highway or street signs, traffic light signals,
-andor traffic directional and control signs unless the seller
-is a company that deals in the manufacture or sale of the
-aforementioned such  products.
-(6) Water meter covers unless the seller is a company
-that deals in the manufacture or sale of the
-aforementioned such  products.
-(7) Metal beer kegs including those made of stainless
-steel that are clearly marked as being the property of a beer
-manufacturer unless the seller is a company that deals in the
-manufacture or sale of the aforementioned such  products.
-(8) Metal property marked with the name of a government
-entity.
-(9) Unused and undamaged building construction or
-utility materials consisting of copper, pipe, tubing or
-wiring, aluminum wire, or historical markers.
-(10) Grave markers, vases, memorials, statues, plaques,
-or other bronze objects used at a cemetery or other location
-where deceased persons individuals  are interred or
-memorialized, unless the seller is a company that deals in the
-manufacture or sale of the aforementioned such  products.
-(11) A copper, aluminum, or aluminum-copper condensing
-or evaporating coil, including its tubing or rods, from a
-169
-170
-171
-172
-173
-174
-175
-176
-177
-178
-179
-180
-181
-182
-183
-184
-185
-186
-187
-188
-189
-190
-191
-192
-193
-194
-195
-196
-HB482 INTRODUCED
-Page 8
-or evaporating coil, including its tubing or rods, from a
-heating or air conditioning unit, excluding scrap from window
-air conditioning units and automobile condenser coils, unless
-any one of the following criteria are satisfied:
-a. The condenser coils are being sold by a licensed
-contractor, HVAC contractor, plumber, or electrician and a
-current and valid license with number is provided at the time
-of sale and copied or scanned by the secondary metals recycler
-at the time of sale.
-b. The condenser coils are being sold by a person with
-verifiable documentation, such as a receipt or work order,
-indicating that the condenser coils are the result of a
-replacement of an air conditioner unit or condenser coils
-performed by a licensed contractor.
-(12) Copper wire removed from a building, utility, or
-other structure.
-(b) Any person who violates the requirements of A
-violation of subdivision (a)(2) or (a)(10) shall be guilty of
-a punished as follows:
-(1) On a first violation in a 10-year period, the
-person shall be guilty of a Class C felony  for a first
-offense,  and shall be sentenced to a term of imprisonment of
-not less than two years.
-(2) On a second violation in a 10-year period, the
-person shall be guilty of  a Class B felony  for a second
-offense, and  and shall be sentenced to a term of imprisonment
-of not less than five years.
-(3) On a third or subsequent violation in a 10-year
-period, the person shall be guilty of  a Class A felony  for a
-197
-198
-199
-200
-201
-202
-203
-204
-205
-206
-207
-208
-209
-210
-211
-212
-213
-214
-215
-216
-217
-218
-219
-220
-221
-222
-223
-224
-HB482 INTRODUCED
-Page 9
-period, the person shall be guilty of  a Class A felony  for a
-third or subsequent offense within a 10-year period  and shall
-be sentenced to a term of imprisonment of not less than 10
-years .
-(c) Any person who violates the requirements of A
-violation of subdivisions subdivision (a)(1), (a)(3), (a)(4),
-(a)(5), (a)(6), (a)(7), (a)(8), or (a)(9), (a)(11), or (a)(12)
-of subsection (a)  shall be punished as follows:
-(1) On a first violation in a 10-year period, the
-person shall be guilty of a Class B misdemeanor  for a first
-offense, .
-(2) On a second violation in a 10-year period, the
-person shall be guilty of  a Class A misdemeanor  for a second
-offense, and  and shall be sentenced to a term of imprisonment
-of not less than six months.
-(3) On a third or subsequent violation in a 10-year
-period, the person shall be guilty of  a Class C felony  for a
-third or subsequent offense within a 10-year period  and shall
-be sentenced to a term of imprisonment of not less than two
-years .
-(d) Notwithstanding any provision of law to the
-contrary, any term of imprisonment imposed pursuant to this
-section shall run consecutive with any other term of
-imprisonment for any other offense and shall not be eligible
-for any of the following:
-(1) Probation.
-(2) Community corrections.
-(3) Any split or suspended sentence provision pursuant
-to Section 15-18-8.
-225
-226
-227
-228
-229
-230
-231
-232
-233
-234
-235
-236
-237
-238
-239
-240
-241
-242
-243
-244
-245
-246
-247
-248
-249
-250
-251
-252
-HB482 INTRODUCED
-Page 10
-to Section 15-18-8.
-(4) Any type of early release program, work release
-program, good time, or any other program which would change
-the overall time or location of incarceration.
-(5) Any sentencing schedule or worksheet adopted,
-created, or otherwise released by the Alabama Sentencing
-Commission. "
-"§13A-8-37.1
-(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 (a)(6)  is provided to
-the secondary metals recycler that the seller is the owner of
-the property:
-(1) Catalytic converters 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 conditioning units and automobile condenser coils, unless
-any one of the following criteria are satisfied:
-a. The condenser coils are being sold by a licensed
-253
-254
-255
-256
-257
-258
-259
-260
-261
-262
-263
-264
-265
-266
-267
-268
-269
-270
-271
-272
-273
-274
-275
-276
-277
-278
-279
-280
-HB482 INTRODUCED
-Page 11
-a. The condenser coils are being sold by a licensed
-contractor, HVAC contractor, plumber, or electrician and a
-current and valid license with number is provided at the time
-of sale and copied or scanned by the secondary metals recycler
-at the time of sale.
-b. The condenser coils are being sold by a person with
-verifiable documentation, such as a receipt or work order,
-indicating that the condenser coils are the result of a
-replacement of an air conditioner unit or condenser coils
-performed by a licensed contractor.
-(5) Utility access covers, manhole covers, or storm
-drain covers, unless the seller is a company that deals in the
-manufacture or sale of the aforementioned products.
-(6) Grave markers, vases, memorials, statues, plaques,
-or other bronze objects used at a cemetery or other location
-where deceased persons individuals  are interred or memorialized
-or any other metal historic markers or monuments or the
-attached support or post to either, unless the seller is a
-company that deals in the manufacture or sale of the
-aforementioned products.
-(7) Any metal property that has been brightly painted
-or marked to deter theft of the property.
-(8) Ventilation fans or similar fans designed to supply
-fresh air to workers in confined spaces, such as underground
-mines or other similar circumstances.
-(9) Copper wire removed from any building, utility, or
-other structure.
-(b)(1) Any person in violation of this section shall be
-guilty of a Class B felony  and shall be sentenced to a term of
-281
-282
-283
-284
-285
-286
-287
-288
-289
-290
-291
-292
-293
-294
-295
-296
-297
-298
-299
-300
-301
-302
-303
-304
-305
-306
-307
-308
-HB482 INTRODUCED
-Page 12
-guilty of a Class B felony  and shall be sentenced to a term of
-not less than three years .
-(2) Notwithstanding any provision of law to the
-contrary, any term of imprisonment imposed pursuant to this
-section shall run consecutive with any other term of
-imprisonment for any other offense and shall not be eligible
-for any of the following:
-a. Probation.
-b. Community corrections.
-c. Any split or suspended sentence provision pursuant
-to Section 15-18-8.
-d. Any type of early release program, work release
-program, good time, or any other program which would change
-the overall time or location of incarceration.
-e. Any sentencing schedule or worksheet adopted,
-created, or otherwise released by the Alabama Sentencing
-Commission. "
-"§13A-8-37.4
-(a) It is unlawful for a possessor or seller of a used,
-detached catalytic converter, or any nonferrous part of a
-catalytic converter, property described in Section 13A-8-37(a)
-to provide any false, fraudulent, altered, or counterfeit
-information or documentation as required by Section
-13A-8-37.3 this article .
-(b) A person who commits a violation of this section is
-shall be punished as follows:
-(1) On a first violation in a 10-year period, the
-person shall be guilty of a Class A misdemeanor  and shall be
-sentenced to a term of imprisonment of not less than six
-309
-310
-311
-312
-313
-314
-315
-316
-317
-318
-319
-320
-321
-322
-323
-324
-325
-326
-327
-328
-329
-330
-331
-332
-333
-334
-335
-336
-HB482 INTRODUCED
-Page 13
-sentenced to a term of imprisonment of not less than six
-months .
-(2) On a second or subsequent violation within a
-10-year period, the person is shall be guilty of a Class C
-felony  and shall be sentenced to a term of imprisonment of not
-less than two years .
-(c) Notwithstanding any provision of law to the
-contrary, any term of imprisonment imposed pursuant to this
-section shall run consecutive with any other term of
-imprisonment for any other offense and shall not be eligible
-for any of the following:
-(1) Probation.
-(2) Community corrections.
-(3) Any split or suspended sentence provision pursuant
-to Section 15-18-8.
-(4) Any type of early release program, work release
-program, good time, or any other program which would change
-the overall time or location of incarceration.
-(5) Any sentencing schedule or worksheet adopted,
-created, or otherwise released by the Alabama Sentencing
-Commission. "
-Section 2.  This act shall become effective on October
-1, 2026.
-337
-338
-339
-340
-341
-342
-343
-344
-345
-346
-347
-348
-349
-350
-351
-352
-353
-354
-355
-356
-357
-358
+FISCAL NOTE
+House Bill 482
+Committee: Economic Development and
+Tourism
+Sponsor: Representative Tim Wadsworth
+Analyst: Peter Grogan Date: 03/02/2026
+House Bill 482 as introduced could increase receipts to the State General Fund and municipal
+general funds from fines; increase receipts to the State General Fund, county general funds,
+municipal general funds, and other funds to which court costs are deposited; and could increase
+the obligations of the State General Fund, local jails, the district attorneys, the Department of
+Corrections, and the Bureau of Pardons and Paroles by an undetermined amount dependent upon
+the number of persons charged with and convicted of the offenses provided by this bill and the
+penalties imposed.