House Bill 390

Actions | Amendments
Last Action signed by Governor (Acts ch. 91)
Title AN ACT relating to metal.
Bill Documents Bill
Impact Statements Local Mandate
Bill Request Number 1170
Sponsors 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
Summary of Original Version 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.
Index Headings of Original Version Police, State - Secondary metals recyclers, name-based background checks for
Property - Restricted metals, payment methods for
Public Safety - Secondary metals recyclers, registration of
Administrative Regulations and Proceedings - Secondary metals recycler registration system, regulations for
Local Mandate - Secondary metals recyclers, registration of
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
Senate Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
02/10/12
  • introduced in House
02/13/12
  • to Veterans, Military Affairs, & Public Safety (H)
02/14/12
  • posted in committee
02/16/12
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/21/12
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute
02/22/12
  • posted for passage in the Regular Orders of the Day for Thursday, February 23, 2012
  • floor amendment (2) filed to Committee Substitute
02/28/12
  • 3rd reading, passed 99-0 with Committee Substitute, floor amendments (1) and (2)
02/29/12
  • received in Senate
03/05/12
  • to Judiciary (S)
03/15/12
  • reported favorably, 1st reading, to Calendar
03/16/12
  • 2nd reading, to Rules
03/19/12
  • floor amendment (1) filed
03/21/12
  • posted for passage in the Regular Orders of the Day for Wednesday, March 21, 2012
  • 3rd reading, passed 33-0 with floor amendment (1)
03/22/12
  • received in House
  • to Rules (H)
03/26/12
  • posted for passage for concurrence in Senate floor amendment (1)
  • House concurred in Senate floor amendment (1)
  • passed 92-0
03/27/12
  • enrolled, signed by Speaker of the House
03/30/12
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/11/12
  • signed by Governor (Acts ch. 91)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Local Mandate
Summary 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.
Index Headings Police, State - Secondary metals recyclers, name-based background checks for
Property - Restricted metals, payment methods for
Public Safety - Secondary metals recyclers, registration of
Administrative Regulations and Proceedings - Secondary metals recycler registration system, regulations for
Local Mandate - Secondary metals recyclers, registration of

Amendment House Floor Amendment 1
Sponsor B. Farmer
Summary 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.
Index Headings Police, State - Secondary metals recyclers, name-based background checks for
Property - Restricted metals, payment methods for
Public Safety - Secondary metals recyclers, registration of
Administrative Regulations and Proceedings - Secondary metals recycler registration system, regulations for
Local Mandate - Secondary metals recyclers, registration of

Amendment House Floor Amendment 2
Sponsor T. Pullin
Summary 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.
Index Headings Police, State - Secondary metals recyclers, name-based background checks for
Property - Restricted metals, payment methods for
Public Safety - Secondary metals recyclers, registration of
Administrative Regulations and Proceedings - Secondary metals recycler registration system, regulations for
Local Mandate - Secondary metals recyclers, registration of

Amendment Senate Floor Amendment 1
Sponsor T. Jensen
Summary 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.
Index Headings Police, State - Secondary metals recyclers, name-based background checks for
Property - Restricted metals, payment methods for
Public Safety - Secondary metals recyclers, registration of
Administrative Regulations and Proceedings - Secondary metals recycler registration system, regulations for
Local Mandate - Secondary metals recyclers, registration of

Last updated: 1/16/2019 3:37 PM (EST)