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HB 390/LM (BR 1170) - T. Pullin, T. Riner, L. Belcher, L. Combs, J. Crenshaw, M. Denham, D. Floyd, J. Jenkins, D. Keene, M. King, C. Miller, T. Mills, T. Moore, R. Nelson, M. Nemes, R. Palumbo, J. Richards, S. Santoro, A. Simpson, R. Smart, F. Steele, T. Thompson, B. Waide, B. Yonts

     AN ACT relating to metal.
     Create new sections of KRS Chapter 433 to establish definitions; establish a registration system for secondary metal recyclers to be administered by the Public Protection Cabinet; require a background check for each secondary metal recycler by the Kentucky State Police; limit payment for restricted metal items to check-only; require secondary metal recyclers to keep records of restricted metal item purchases; require secondary metals recyclers to be able to receive notices about restricted metal thefts from law enforcement; recommend creation of a Recyclable Metals Theft Prevention Working Group to begin meeting no later than August 15, 2012.


     HCS/LM - Retain original provisions except provide that municipal solid waste departments are not defined as a secondary metals recycler; remove provisions that allowed for the electronic payment of restricted metals by secondary metals recyclers; add a provision to make confidential the information secondary metals recyclers are required to report to local law enforcement, unless otherwise required by law; provide that copper wire and coaxial cable belonging to a utility or cable company is subject to the same payment restrictions and reporting requirements as restricted metals; provide that nonreturnable beverage containers are not subject to the same requirements as restricted metals; provide exemptions from requirements for restricted metals purchased from secondary metals recyclers, charities, schools, philanthropic organizations, civic organizations, religious organizations, businesses that produce restricted metals in the normal course of business, and entities that purchase vehicles for the purpose of recycling their parts.
     HFA (1, B. Farmer) - Retain original provisions and create a new section of KRS Chapter 512 to establish the crime of unlawful acts relating to acquiring metals; institute penalties up to a Class D felony depending on value of damage to property; amend KRS 15.232 and 65.871 to conform.
     HFA (2, T. Pullin) - Retain original provisions except provide that each secondary metals recycler has 60 days after the promulgation of administrative regulations establishing a registration system to register with the Public Protection Cabinet; provide that the Public Protection Cabinet is not responsible for any disciplinary action against a secondary metals recycler seeking an application for certificate of registration; provide for confidentiality of information provided to law enforcement by secondary metals recyclers.
     SFA (1, T. Jensen) - Amend to change the required mens rea to "intentionally"; provide that the damaged property belong to a person other than the actor; place the Public Protection Cabinet's administrative responsibilities under the bill within its Office of Occupations and Professions.

     Feb 10-introduced in House
     Feb 13-to Veterans, Military Affairs, & Public Safety (H)
     Feb 14-posted in committee
     Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 21-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
     Feb 22-posted for passage in the Regular Orders of the Day for Thursday, February 23, 2012; floor amendment (2) filed to Committee Substitute
     Feb 28-3rd reading, passed 99-0 with Committee Substitute, floor amendments (1) and (2)
     Feb 29-received in Senate
     Mar 5-to Judiciary (S)
     Mar 15-reported favorably, 1st reading, to Calendar
     Mar 16-2nd reading, to Rules
     Mar 19-floor amendment (1) filed
     Mar 21-posted for passage in the Regular Orders of the Day for Wednesday, March 21, 2012; 3rd reading, passed 33-0 with floor amendment (1)
     Mar 22-received in House; to Rules (H)
     Mar 26-posted for passage for concurrence in Senate floor amendment (1) ; House concurred in Senate floor amendment (1) ; passed 92-0
     Mar 27-enrolled, signed by Speaker of the House
     Mar 30-enrolled, signed by President of the Senate; delivered to Governor
     Apr 11-signed by Governor (Acts ch. 91)

Vote History
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