23 LC 44 2244S (SCS)
S. B. 60
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Senate Bill 60
By: Senators Hatchett of the 50th, Ginn of the 47th, Albers of the 56th, Robertson of the
29th, Kennedy of the 18th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,
1
relating to secondary metals recyclers, so as to provide that it shall be illegal for certain2
persons to purchase, possess, obtain, or sell or attempt to purchase, possess, obtain, or sell3
used, detached catalytic converters, used utility wire, or used communications copper; to4
provide for definitions; to regulate and limit the payment allowed by secondary metals5
recyclers; to require certain registrations; to provide that certain used, detached catalytic6
converters, used utility wire, and used communications copper and the vehicles transporting7
them are contraband; to remove an exemption; to provide for penalties; to provide for8
reporting; to provide for related matters; to provide for effective dates and applicability; to9
repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 23 LC 44 2244S (SCS)
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PART I
12
SECTION 1-1.13
Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to14
secondary metals recyclers, is amended by revising Code Section 10-1-350, relating to15
definitions, as follows:16
"10-1-350.17
As used in this article, the term:18
(1) 'Aluminum property' means aluminum forms designed to shape concrete.19
(2) 'Burial object' means any product manufactured for or used for identifying or20
permanently decorating a grave site, including, without limitation, monuments, markers,21
benches, and vases and any base or foundation on which they rest or are mounted.22
(3) 'Business license' means a business license, an occupational tax certificate, and other23
document required by a county or municipal corporation and issued by the appropriate24
agency of such county or municipal corporation to engage in a profession or business.25
(4) 'Coil' means any copper, aluminum, or aluminum-copper condensing coil or26
evaporation coil including its tubing or rods. The term shall not include coil from a27
window air-conditioning system, if contained within the system itself, or coil from an28
automobile condenser.29
(5) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item30
composed completely of copper.31
(6) 'Copper wire' means any wires, cables, bus bars, or waveguides containing any
32
portion of copper, whether or not coated with insulation.33
(6)(7) 'Deliverer' means any individual who takes or transports the regulated metal34
property to the secondary metals recycler.35
(7)(8) 'Ferrous metals' means any metals containing significant quantities of iron or steel.36 23 LC 44 2244S (SCS)
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(8)(9) 'Law enforcement officer' means any duly constituted peace officer of the State37
of Georgia or of any county, municipality, or political subdivision thereof.38
(9)(10) 'Nonferrous metals' means stainless steel beer kegs and metals not containing39
significant quantities of iron or steel, including, without limitation, copper, brass,40
aluminum, bronze, lead, zinc, nickel, and alloys thereof.41
(10)(11) 'Person' means an individual, partnership, corporation, joint venture, trust,42
association, or any other legal entity.43
(11)(12) 'Personal identification card' means a current and unexpired driver's license or44
identification card issued by the Department of Driver Services or a similar card issued45
by another state, a military identification card, or a current work authorization issued by46
the federal government, which shall contain the individual's name, address, and47
photograph.48
(12)(13) 'Purchase transaction' means a transaction in which the secondary metals49
recycler gives consideration in exchange for regulated metal property.50
(14) 'Registered agent' means an individual who has been listed on a secondary metals51
recycler registration form at a Georgia sheriff's office as the affiant and completes and52
executes the registration form in accordance with Code Section 10-1-359.1.53
(13)(15) 'Regulated metal property' means any item composed primarily of any ferrous54
metals or nonferrous metals and includes aluminum property, copper property, and55
catalytic converters but shall not include aluminum beverage containers, used beverage56
containers, or similar beverage containers.57
(14)(16) 'Secondary metals recycler' means any person who is engaged, from a fixed58
location or otherwise, in the business in this state of paying compensation for regulated59
metal property that has served its original economic purpose, whether or not engaged in60
the business of performing the manufacturing process by which regulated metal property61
is converted into raw material products consisting of prepared grades and having an62
existing or potential economic value.63 23 LC 44 2244S (SCS)
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(15)(17) 'Seller' means the rightful owner of the regulated metal property or the64
individual authorized by the rightful owner of the regulated metal property to conduct the65
purchase transaction.66
(18) 'Used communications copper' means utility-grade copper that is commonly used67
by a lawful provider of telecommunications services for providing telecommunications68
services, including, without limitation, utility-grade wires or cables, bus bars, and69
waveguides.70
(19) 'Used utility wire' means any wire or cable containing aluminum or copper, or any71
ferrous metals or other nonferrous metals, that is commonly used by a utility that72
provides electric or telecommunications service."73
SECTION 1-2.74
Said article is further amended by revising Code Section 10-1-351, relating to verifiable75
documentation required, as follows:76
"10-1-351.77
(a) No secondary metals recycler shall purchase any coil unless it is purchased from:78
(1) A contractor licensed pursuant to Chapter 14 of Title 43 or by another state that79
provides a copy of such valid license at the time of the purchase transaction that is80
scanned or photocopied by the secondary metals recycler or whose scanned or81
photocopied license is on file with the secondary metals recycler;82
(2) A seller with verifiable documentation, such as a receipt or work order, indicating83
that such coil is the result of a replacement of condenser coils or a heating or84
air-conditioning system performed by a contractor licensed pursuant to Chapter 14 of85
Title 43; or86
(3) A secondary metals recycler who provides proof of registration pursuant to Code87
Section 10-1-359.1 and a signed statement stating that the required information88
concerning the purchase transaction involving such coil was provided by such secondary89 23 LC 44 2244S (SCS)
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metals recycler to the Georgia Bureau of Investigation pursuant to Code Section
90
10-1-359.5.91
(b) No secondary metals recycler shall purchase any copper wire which appears to have92
been exposed to heat, charred, or burned in an attempt to remove insulation surrounding93
it unless it is purchased from:94
(1) A contractor licensed pursuant to Chapter 14 of Title 43 or by another state that95
provides a copy of such valid license at the time of the purchase transaction that is96
scanned or photocopied by the secondary metals recycler or whose scanned or97
photocopied license is on file with the secondary metals recycler;98
(2) A seller with a copy of a police report showing that such seller's real property was99
involved in a fire; or100
(3) A secondary metals recycler who provides proof of registration pursuant to Code101
Section 10-1-359.1 and a signed statement stating that the required information102
concerning the purchase transaction involving such copper wire was provided by such103
secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code104
Section 10-1-359.5.105
(c) No secondary metals recycler shall purchase a catalytic converter unless such catalytic106
converter is:107
(1) Attached to a vehicle; or108
(2) Purchased from:109
(A) A used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant110
to Chapter 47 of Title 43 or by another state that provides a copy of such valid license111
at the time of the purchase transaction that is scanned or photocopied by the secondary112
metals recycler or whose scanned or photocopied license is on file with the secondary113
metals recycler;114
(B) A new motor vehicle dealer that provides a copy of a valid business license at the115
time of the purchase transaction that is scanned or photocopied by the secondary metals116 23 LC 44 2244S (SCS)
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recycler or whose scanned or photocopied business license is on file with the secondary
117
metals recycler;118
(C) A motor vehicle repairer that provides a copy of a valid business license at the time119
of the purchase transaction that is scanned or photocopied by the secondary metals120
recycler or whose scanned or photocopied business license is on file with the secondary121
metals recycler;122
(D) A manufacturer or distributor of catalytic converters that provides a copy of a valid123
business license at the time of the purchase transaction that is scanned or photocopied124
by the secondary metals recycler or whose scanned or photocopied business license is125
on file with the secondary metals recycler;126
(E) A seller with:127
(i) Verifiable documentation, such as a receipt or work order, indicating that the128
catalytic converter is the result of a replacement of a catalytic converter performed by129
a used motor vehicle dealer, new motor vehicle dealer, or motor vehicle repairer.130
Such documentation shall include a notation as to the make, model, and year of the131
vehicle in which such catalytic converter was replaced; and132
(ii) A copy of a certificate of title or registration showing ownership of or interest in133
the vehicle in which the catalytic converter was replaced; or134
(F) A secondary metals recycler who provides proof of registration pursuant to Code135
Section 10-1-359.1 and a signed statement stating that the required information136
concerning the purchase transaction involving such catalytic converter was provided137
by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to138
Code Section 10-1-359.5.139
(d)(1) As used in this subsection, the term 'used, detached catalytic converter' means
140
motor vehicle exhaust system parts that are used for controlling the exhaust emissions141
from motor vehicles and that contain a catalyst metal, but shall not include a catalytic142 23 LC 44 2244S (SCS)
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converter that has been tested, certified, and labeled for reuse in accordance with143
applicable federal Clean Air Act regulations, as may from time to time be amended.144
(2) It shall be unlawful for any person to purchase or to solicit or advertise for the145
purchase of a used, detached catalytic converter, or any nonferrous metal parts of a146
catalytic converter, unless such person is a registered secondary metals recycler in147
accordance with Code Section 10-1-359.1 and in full compliance with all requirements148
prescribed by this article.149
(3) It shall be unlawful for any person to buy, possess, transport, or sell a used, detached150
catalytic converter, or any nonferrous metal parts of a catalytic converter, unless such151
person is authorized to buy, possess, transport, or sell catalytic converters pursuant to152
subsection (c) of this Code section and is in possession of the licenses, registrations, or153
other documentation required by subsection (c) of this Code section.154
(4) Each unlawfully possessed or obtained used, detached catalytic converter shall be155
considered a separate offense."156
SECTION 1-3.157
Said article is further amended by revising Code Section 10-1-353, relating to record of158
transaction, false statements, and penalty for making false statement, as follows:159
"10-1-353.160
(a) Except as provided in subsection (c) of this Code section, a secondary metals recycler161
shall maintain a legible record of all purchase transactions. Such record shall include the162
following information:163
(1) The name and address of the secondary metals recycler;164
(2) The date of the transaction;165
(3) The weight, quantity, or volume and a description of the type of regulated metal166
property purchased in a purchase transaction. For purposes of this paragraph, the term167 23 LC 44 2244S (SCS)
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'type of regulated metal property' shall include a general physical description, such as
168
wire, tubing, extrusions, or castings;169
(4) A digital photograph or photographs or a digital video image or images of the170
regulated metal property which shows the regulated metal property in a reasonably clear171
manner;172
(5) The amount of consideration given in a purchase transaction for the regulated metal173
property and a copy of the check or voucher or documentation evidencing the cash or
174
electronic funds transfer given as consideration for such purchase transaction;175
(6) A signed statement from the seller stating that such person is the rightful owner of176
the regulated metal property or has been authorized to sell the regulated metal property177
being sold;178
(7) A signed statement from the seller stating that he or she understands that: 'A179
secondary metals recycler is any person who is engaged, from a fixed location or180
otherwise, in the business in this state of paying compensation for regulated metal181
property that has served its original economic purpose, whether or not engaged in the182
business of performing the manufacturing process by which regulated metal property is183
converted into raw material products consisting of prepared grades and having an existing184
or potential economic value. No ferrous metals, nonferrous metals, aluminum property,185
copper property, or catalytic converters (aluminum beverage containers, used beverage186
containers, or similar beverage containers are exempt) may be purchased by a secondary187
metals recycler unless such secondary metals recycler is registered pursuant to Article 14188
of Chapter 1 of Title 10 of the Official Code of Georgia Annotated';189
(8) A scanned or photocopied copy of a valid personal identification card of the seller190
and of the deliverer, if such person is different from the seller;191
(9) The type of and distinctive number from the personal identification card of the seller192
and of the deliverer, if such person is different from the seller;193 23 LC 44 2244S (SCS)
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(10) The name and date of birth of the seller and of the deliverer, if such person is
194
different from the seller;195
(11) A photograph, videotape, or digital recording depicting a recognizable facial image196
of the seller and of the deliverer, if such person is different from the seller, employing197
technology allowing the image to be retained in electronic storage and in a transferable198
format;199
(12) The vehicle license tag number or vehicle identification number, state of issue, and200
the make, model, and color of the vehicle used to deliver the regulated metal property to201
the secondary metals recycler; and202
(13) A scanned or photocopied copy of the verifiable documentation, reports, licenses,203
certificates, and registrations required pursuant to Code Sections 10-1-351 and 10-1-352.204
(b) A secondary metals recycler shall maintain or cause to be maintained the information205
required by subsection (a) of this Code section for not less than two years from the date of206
the purchase transaction.207
(c) When the regulated metal property being purchased is a vehicle, the secondary metals208
recycler shall:209
(1) If Code Section 40-3-36 is applicable, purchase such vehicle in compliance with such210
Code section and shall not be required to maintain a record of the purchase transaction211
as provided in subsection (a) of this Code section or to provide such record to the Georgia212
Bureau of Investigation pursuant to Code Section 10-1-359.5; or213
(2) If Code Section 40-3-36 is not applicable, maintain a record of such purchase214
transaction as provided in subsection (a) of this Code section and provide such record to215
the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5.216
(d) It shall be a violation of this article to sign the statement required by either217
paragraph (6) or (7) of subsection (a) of this Code section knowing it to be false, and such218
violation shall subject the seller to the civil and criminal liability provided in Code219
Section 10-1-359.2."220 23 LC 44 2244S (SCS)
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SECTION 1-4.
221
Said article is further amended by revising Code Section 10-1-355, relating to conditions and222
limitations on payments for regulated metal property and exception for transaction between223
business entities, as follows:224
"10-1-355.225
(a) A secondary metals recycler shall pay only by check, electronic funds transfer, cash,
226
or voucher for regulated metal property and shall make any such payment as specifically227
provided for in this Code section.228
(b) Any check, electronic funds transfer, or voucher shall be payable only to the person229
recorded as the seller of the regulated metal property to the secondary metals recycler.230
(c) Any voucher shall be provided to the seller at the time of the purchase transaction or231
mailed to the seller at the address indicated on the personal identification card of the seller232
presented at the time of such transaction. If the voucher is provided to the seller at the time233
of the purchase transaction and not mailed to the seller, the secondary metals recycler shall234
not redeem the voucher for three days from the date of the purchase transaction. The235
voucher shall include the date of purchase, name of the seller, the amount paid for the236
regulated metal property, a detailed description of the regulated metal property purchased,237
information as to whether the voucher was mailed or provided at the time of the purchase238
transaction, the first date on which the voucher may be redeemed, and the date on which239
the voucher expires. The voucher may only be redeemed for cash by the person whose240
name appears on the voucher as the seller or by such person's heirs or legal representative.241
If a voucher is not redeemed by the person whose name appears on the voucher as the seller242
or by such person's heirs or legal representative within six months of the date of the243
transaction, the voucher shall expire and the secondary metals recycler shall not be required244
to honor the voucher after the expiration date.245
(d) No secondary metals recycler shall:246 23 LC 44 2244S (SCS)
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(1) Pay to any seller more than $100.00 in cash for any transaction or complete more247
than two transactions per seller, per day, per registered secondary metals recycler248
location;249
(2) Pay cash to any seller for used, detached catalytic converters or coils;250
(3) Pay cash to any seller for used utility wire;251
(4) Pay cash to any seller for used communications copper;252
(5) Pay cash to any seller for copper wire; or253
(6) Pay cash to any seller for a battery.254
(d)(e) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any255
check or electronic funds transfer paid to a seller for regulated metal property; and (2)256
providing or permitting any mechanism on the premises of the secondary metals recycler257
for the redemption or cashing of any check or electronic funds transfer.258
(e)(f) The provisions of this Code section shall not apply to any transaction, other than a259
transaction related to used, detached catalytic converters, between business entities."260
SECTION 1-5.261
Said article is further amended by revising Code Section 10-1-358, relating to purchases of262
regulated metal property exempted from application of article, as follows:263
"10-1-358.264
This article shall not apply to purchases of regulated metal property, other than used,265
detached catalytic converters, from:266
(1) Organizations, corporations, or associations registered with the state as charitable,267
philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored268
organizations or associations or from any nonprofit corporations or associations;269
(2) A law enforcement officer acting in an official capacity;270
(3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof271
of such status to the secondary metals recycler;272 23 LC 44 2244S (SCS)
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(4) Any public official acting under judicial process or authority who has presented proof
273
of such status to the secondary metals recycler;274
(5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof275
has been presented to the secondary metals recycler; or276
(6) A manufacturing, industrial, or other commercial vendor that generates or
and sells277
regulated metal property in the ordinary course of its business, provided that such vendor278
is not a secondary metals recycler."279
SECTION 1-6.280
Said article is further amended by revising Code Section 10-1-359.1, relating to registration281
of secondary metals recycler, electronic data base, authority of sheriff, and penalty for282
violation, as follows:283
"10-1-359.1.284
(a) It shall be unlawful for any secondary metals recycler to purchase regulated metal285
property in any amount without being registered pursuant to this Code section. If the286
secondary metals recycler is a person other than an individual, such person shall register287
with the sheriff of each county in which the secondary metals recycler maintains a place288
of business. If the secondary metals recycler is an individual, he or she shall register with289
the sheriff of the county in which he or she resides or if such individual is a nonresident of290
this state, he or she shall register with the sheriff of the county in Georgia where he or she291
primarily engages or intends to primarily engage in business as a secondary metals292
recycler. The secondary metals recycler shall declare on a form promulgated by the293
Secretary of State and provided by the sheriff that such secondary metals recycler is294
informed of and will comply with the provisions of this article. The forms and information295
required for such registration shall be promulgated by the Secretary of State. The sheriff296
shall register the secondary metals recycler and shall keep a record of each registration.297 23 LC 44 2244S (SCS)
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Each registration shall be valid for a 12 month period beginning January 1, 2024, and shall298
be renewed annually by January 1 of each year.299
(b) The record of each registration shall be entered into an electronic data base accessible300
statewide state wide. Such data base shall be established through coordination with the301
Secretary of State and shall be searchable by all law enforcement agencies in this state.302
(c) The sheriff shall be authorized to:303
(1) Assess and require payment of a reasonable registration fee prior to registering the304
secondary metals recycler, not to exceed $200.00 for a new registration and an annual305
registration renewal for a secondary metals recycler;306
(2) If applicable, require a secondary metals recycler to submit a current and valid307
business license in the county or municipality that is associated with the address on the308
registration form prior to approving the registration or registration renewal;309
(3) Require the registered agent of a secondary metals recycler to submit to a criminal310
background check and fingerprinting for a new registration with the costs paid by the311
secondary metals recycler in an amount not to exceed $75.00;312
(4) Deny the new registration or registration renewal of a secondary metals recycler if313
such person's registration has been revoked in another Georgia county, information314
submitted on the registration form has been determined to be invalid or false, or such315
person has been convicted of a metal theft offense under this Code section more than316
three times in a five-year period;317
(5) Revoke the registration of a secondary metals recycler's registered agent if the318
registered agent has been convicted of a felony in the previous five years under this319
article;320
(6) Require secondary metals recyclers to provide on the registration form the customer321
identification number for the current data base contractor maintained by the Georgia322
Bureau of Investigation;323 23 LC 44 2244S (SCS)
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(7) Require a secondary metals recycler to submit a signed and sworn statement that such324
person has not had such secondary metals recycler's registration or business license325
revoked during the previous year and that the registered agent has not been convicted of326
a metal theft offense in the previous year;327
(2)(8) Delegate to personnel in the sheriff's office the registration of secondary metals328
recyclers and entering into the data base of the records of such registrations; and329
(3)(9) Enter into contracts with the governing authority of a county, municipality, or330
consolidated government for such governing authority to provide for the registration of331
secondary metals recyclers and the entering into the data base of the records of such332
registrations by other law enforcement agencies or by staff of the governing authority.333
Any such contract shall provide for reimbursement to such governing authority for the334
registrations or entry of the records of such registrations into the data base.335
(d) A secondary metals recycler's registered agent shall be ineligible to obtain a new336
registration or registration renewal if such person is under indictment for a felony offense337
for violation of this article or has been convicted of a felony in the past five years under338
this article.339
(d)(e) Any secondary metals recycler convicted of violating this Code section shall be340
guilty of a misdemeanor of a high and aggravated nature."341
SECTION 1-7.342
Said article is further amended by revising Code Section 10-1-359.2, relating to penalties for343
violations, as follows:344
"10-1-359.2.345
(a) Except as provided for in subsection (d)(e) of Code Section 10-1-359.1, any person346
who buys or sells regulated metal property in violation of any provision of this article:347
(1) For a first offense, shall be guilty of a misdemeanor;348 23 LC 44 2244S (SCS)
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(2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated
349
nature; and350
(3) For a third or subsequent offense or when such regulated metal property is unlawfully
351
obtained and results in property damage exceeding $1,500.00, shall be guilty of a felony352
and, upon conviction thereof, shall be punished by imprisonment for not less than one nor353
more than ten years.354
Each unlawfully possessed or obtained used, detached catalytic converter, as such term is355
defined in subsection (d) of Code Section 10-1-351, shall be considered a separate offense356
under this Code section.357
(b) Any person who buys or sells regulated metal property in violation of any provision358
of this article shall be liable in a civil action to any person who was the victim of a crime359
involving such regulated metal property for the full value of the regulated metal property,360
any repairs and related expenses incurred as a result of such crime, litigation expenses, and361
reasonable attorneys' fees."362
SECTION 1-8.363
Said article is further amended by revising Code Section 10-1-359.3, relating to forfeiture364
and items declared contraband, as follows:365
"10-1-359.3.366
(a) As used in this Code section, the term:367
(1) 'Crime' means:368
(A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in369
violation of Code Section 16-8-4, or theft by receiving stolen property in violation of370
Code Section 16-8-7 if the subject of the theft was regulated metal property;371
(B) Criminal damage to property in the first degree in violation of paragraph (2) of372
subsection (a) of Code Section 16-7-22; or373
(C) A criminal violation of this article.374 23 LC 44 2244S (SCS)
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(2) 'Proceeds' shall have the same meaning as set forth in Code Section 16-13-49.
375
(3) 'Property' shall have the same meaning as set forth in Code Section 16-13-49.376
(b) The following are declared to be contraband, and no person shall have a property right377
in them:378
(1) Any property which is, directly or indirectly, used or intended for use in any manner379
to facilitate a crime and any proceeds derived or realized therefrom; and
380
(2) Any weapon possessed, used, or available for use in any manner to facilitate a crime;381
and382
(3) Any used, detached catalytic converter, as such term is defined in subsection (d) of383
Code Section 10-1-351, possessed in violation of subsection (d) of Code Section384
10-1-351 and any vehicle used in the transportation of such used, detached catalytic385
converter, provided that any civil forfeiture proceedings for any vehicle seized pursuant386
to this subsection, including the reporting requirements set forth in Code Section 9-16-7,387
shall be stayed during the pendency of criminal proceedings unless otherwise agreed to388
by the owner or interest holder of such vehicle.389
(c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall390
be forfeited in accordance with the procedures set forth in Code Section 16-13-49391
Chapter 16 of Title 9."392
SECTION 1-9.393
Said article is further amended by revising subsection (a) of Code Section 10-1-359.5,394
relating to required information from secondary metals recyclers and role of Georgia Bureau395
of Investigation, as follows:396
"(a)(1) Each secondary metals recycler shall provide to the Georgia Bureau of397
Investigation or its designee for each purchase transaction which takes place on or after398
July 1, 2015, all of the information required by subsection (a) of Code Section 10-1-353,399
except for the amount of consideration given in a purchase transaction for the regulated400 23 LC 44 2244S (SCS)
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metal property specified in paragraph (5) of subsection (a) of such Code section, and a401
statement as to whether such secondary metals recycler's registration or business license402
has been revoked, suspended, or canceled in the previous year. A secondary metals403
recycler who maintains on file with the Georgia Bureau of Investigation or its designee404
a copy of the statement forms such secondary metals recycler requires each seller to sign405
pursuant to paragraphs (6) and (7) of subsection (a) of Code Section 10-1-353 may satisfy406
the requirements of such paragraphs by providing to the Georgia Bureau of Investigation407
or its designee a copy of the individual seller's signature and shall not be required to408
provide the actual statement signed by each seller, provided the actual statements are409
maintained by the secondary metals recycler pursuant to subsection (b) of Code Section410
10-1-353 and available for inspection pursuant to Code Section 10-1-354. The411
information required to be provided by the secondary metals recyclers to the Georgia412
Bureau of Investigation or its designee pursuant to this subsection shall be provided413
electronically.414
(2) Each secondary metals recycler shall electronically submit to the Georgia Bureau of415
Investigation a record of the receipt of each purchase of a used, detached catalytic416
converter as defined in subsection (d) of Code Section 10-1-351, or any nonferrous metal417
parts of a catalytic converter, from an industrial account or a secondary metals recycler.418
Such report shall include:419
(A) The name and address of the seller;420
(B) The date, time, and place of the transaction; and421
(C) The number of used, detached catalytic converters or pounds of catalyst metal422
purchased."423 23 LC 44 2244S (SCS)
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PART II
424
SECTION 2-1.425
Said article is further amended by revising Code Section 10-1-355, relating to conditions and426
limitations on payments for regulated metal property and exception for transaction between427
business entities, as follows:428
"10-1-355.429
(a) A secondary metals recycler shall pay only by check, electronic funds transfer, cash,
430
or voucher for regulated metal property and shall make any such payment as specifically431
provided for in this Code section.432
(b) Any check, electronic funds transfer, or voucher shall be payable only to the person433
recorded as the seller of the regulated metal property to the secondary metals recycler.434
(c) Any voucher shall be provided to the seller at the time of the purchase transaction or435
mailed to the seller at the address indicated on the personal identification card of the seller436
presented at the time of such transaction. If the voucher is provided to the seller at the time437
of the purchase transaction and not mailed to the seller, the secondary metals recycler shall438
not redeem the voucher for three days from the date of the purchase transaction. The439
voucher shall include the date of purchase, name of the seller, the amount paid for the440
regulated metal property, a detailed description of the regulated metal property purchased,441
information as to whether the voucher was mailed or provided at the time of the purchase442
transaction, the first date on which the voucher may be redeemed, and the date on which443
the voucher expires. The voucher may only be redeemed for cash by the person whose444
name appears on the voucher as the seller or by such person's heirs or legal representative.445
If a voucher is not redeemed by the person whose name appears on the voucher as the seller446
or by such person's heirs or legal representative within six months of the date of the447
transaction, the voucher shall expire and the secondary metals recycler shall not be required448
to honor the voucher after the expiration date.449 23 LC 44 2244S (SCS)
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(d) No secondary metals recycler shall:450
(1) Pay to any seller more than $100.00 in cash for any transaction or complete more451
than two transactions per seller, per day, per registered secondary metals recycler452
location;453
(2) Pay cash to any seller for used, detached catalytic converters or coils;454
(3) Pay cash to any seller for used utility wire;455
(4) Pay cash to any seller for used communications copper;456
(5) Pay cash to any seller for copper wire; or457
(6) Pay cash to any seller for a battery.458
(e)(d) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any459
check or electronic funds transfer paid to a seller for regulated metal property; and (2)460
providing or permitting any mechanism on the premises of the secondary metals recycler461
for the redemption or cashing of any check or electronic funds transfer.462
(f)(e) The provisions of this Code section shall not apply to any transaction, other than a463
transaction related to used, detached catalytic converters, between business entities."464
PART III465
SECTION 3-1.466
This part and all of Part I of this Act except Section 1-4 shall become effective on July 1,467
2023, and shall apply to all transactions occurring on and after such date. Section 1-4 of this468
Act shall become effective on January 1, 2024, and shall apply to all transactions occurring469
on and after such date. Part II of this Act shall become effective on January 1, 2026, and470
shall apply to all transactions occurring on and after such date, provided that Part II of this471
Act shall not affect the prosecution of any crimes for conduct under the previous law while472
such law was effective and shall not abate any prosecutions thereunder.473 23 LC 44 2244S (SCS)
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SECTION 3-2.
474
All laws and parts of laws in conflict with this Act are repealed.475