| 12 | 8 | | relating to secondary metals recyclers, so as to provide that it shall be illegal for certain2 |
|---|
| 13 | 9 | | persons to purchase, possess, obtain, or sell or attempt to purchase, possess, obtain, or sell3 |
|---|
| 14 | 10 | | used, detached catalytic converters, used utility wire, or used communications copper; to4 |
|---|
| 15 | 11 | | provide for definitions; to regulate and limit the payment allowed by secondary metals5 |
|---|
| 16 | 12 | | recyclers; to require certain registrations; to provide that certain used, detached catalytic6 |
|---|
| 17 | 13 | | converters, used utility wire, and used communications copper and the vehicles transporting7 |
|---|
| 18 | 14 | | them are contraband; to remove an exemption; to provide for penalties; to provide for8 |
|---|
| 19 | 15 | | reporting; to provide for related matters; to provide for effective dates and applicability; to9 |
|---|
| 20 | 16 | | repeal conflicting laws; and for other purposes.10 |
|---|
| 26 | 21 | | SECTION 1-1.13 |
|---|
| 27 | 22 | | Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to14 |
|---|
| 28 | 23 | | secondary metals recyclers, is amended by revising Code Section 10-1-350, relating to15 |
|---|
| 29 | 24 | | definitions, as follows:16 |
|---|
| 30 | 25 | | "10-1-350.17 |
|---|
| 31 | 26 | | As used in this article, the term:18 |
|---|
| 32 | 27 | | (1) 'Aluminum property' means aluminum forms designed to shape concrete.19 |
|---|
| 33 | 28 | | (2) 'Burial object' means any product manufactured for or used for identifying or20 |
|---|
| 34 | 29 | | permanently decorating a grave site, including, without limitation, monuments, markers,21 |
|---|
| 35 | 30 | | benches, and vases and any base or foundation on which they rest or are mounted.22 |
|---|
| 36 | 31 | | (3) 'Business license' means a business license, an occupational tax certificate, and other23 |
|---|
| 37 | 32 | | document required by a county or municipal corporation and issued by the appropriate24 |
|---|
| 38 | 33 | | agency of such county or municipal corporation to engage in a profession or business.25 |
|---|
| 39 | 34 | | (4) 'Coil' means any copper, aluminum, or aluminum-copper condensing coil or26 |
|---|
| 40 | 35 | | evaporation coil including its tubing or rods. The term shall not include coil from a27 |
|---|
| 41 | 36 | | window air-conditioning system, if contained within the system itself, or coil from an28 |
|---|
| 42 | 37 | | automobile condenser.29 |
|---|
| 43 | 38 | | (5) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item30 |
|---|
| 44 | 39 | | composed completely of copper.31 |
|---|
| 52 | 46 | | - 3 - |
|---|
| 53 | 47 | | (8)(9) 'Law enforcement officer' means any duly constituted peace officer of the State37 |
|---|
| 54 | 48 | | of Georgia or of any county, municipality, or political subdivision thereof.38 |
|---|
| 55 | 49 | | (9)(10) 'Nonferrous metals' means stainless steel beer kegs and metals not containing39 |
|---|
| 56 | 50 | | significant quantities of iron or steel, including, without limitation, copper, brass,40 |
|---|
| 57 | 51 | | aluminum, bronze, lead, zinc, nickel, and alloys thereof.41 |
|---|
| 58 | 52 | | (10)(11) 'Person' means an individual, partnership, corporation, joint venture, trust,42 |
|---|
| 59 | 53 | | association, or any other legal entity.43 |
|---|
| 60 | 54 | | (11)(12) 'Personal identification card' means a current and unexpired driver's license or44 |
|---|
| 61 | 55 | | identification card issued by the Department of Driver Services or a similar card issued45 |
|---|
| 62 | 56 | | by another state, a military identification card, or a current work authorization issued by46 |
|---|
| 63 | 57 | | the federal government, which shall contain the individual's name, address, and47 |
|---|
| 64 | 58 | | photograph.48 |
|---|
| 65 | 59 | | (12)(13) 'Purchase transaction' means a transaction in which the secondary metals49 |
|---|
| 66 | 60 | | recycler gives consideration in exchange for regulated metal property.50 |
|---|
| 67 | 61 | | (14) 'Registered agent' means an individual who has been listed on a secondary metals51 |
|---|
| 68 | 62 | | recycler registration form at a Georgia sheriff's office as the affiant and completes and52 |
|---|
| 69 | 63 | | executes the registration form in accordance with Code Section 10-1-359.1.53 |
|---|
| 70 | 64 | | (13)(15) 'Regulated metal property' means any item composed primarily of any ferrous54 |
|---|
| 71 | 65 | | metals or nonferrous metals and includes aluminum property, copper property, and55 |
|---|
| 72 | 66 | | catalytic converters but shall not include aluminum beverage containers, used beverage56 |
|---|
| 73 | 67 | | containers, or similar beverage containers.57 |
|---|
| 74 | 68 | | (14)(16) 'Secondary metals recycler' means any person who is engaged, from a fixed58 |
|---|
| 75 | 69 | | location or otherwise, in the business in this state of paying compensation for regulated59 |
|---|
| 76 | 70 | | metal property that has served its original economic purpose, whether or not engaged in60 |
|---|
| 77 | 71 | | the business of performing the manufacturing process by which regulated metal property61 |
|---|
| 78 | 72 | | is converted into raw material products consisting of prepared grades and having an62 |
|---|
| 81 | 75 | | - 4 - |
|---|
| 82 | 76 | | (15)(17) 'Seller' means the rightful owner of the regulated metal property or the64 |
|---|
| 83 | 77 | | individual authorized by the rightful owner of the regulated metal property to conduct the65 |
|---|
| 84 | 78 | | purchase transaction.66 |
|---|
| 85 | 79 | | (18) 'Used communications copper' means utility-grade copper that is commonly used67 |
|---|
| 86 | 80 | | by a lawful provider of telecommunications services for providing telecommunications68 |
|---|
| 87 | 81 | | services, including, without limitation, utility-grade wires or cables, bus bars, and69 |
|---|
| 88 | 82 | | waveguides.70 |
|---|
| 89 | 83 | | (19) 'Used utility wire' means any wire or cable containing aluminum or copper, or any71 |
|---|
| 90 | 84 | | ferrous metals or other nonferrous metals, that is commonly used by a utility that72 |
|---|
| 91 | 85 | | provides electric or telecommunications service."73 |
|---|
| 92 | 86 | | SECTION 1-2.74 |
|---|
| 93 | 87 | | Said article is further amended by revising Code Section 10-1-351, relating to verifiable75 |
|---|
| 94 | 88 | | documentation required, as follows:76 |
|---|
| 95 | 89 | | "10-1-351.77 |
|---|
| 96 | 90 | | (a) No secondary metals recycler shall purchase any coil unless it is purchased from:78 |
|---|
| 97 | 91 | | (1) A contractor licensed pursuant to Chapter 14 of Title 43 or by another state that79 |
|---|
| 98 | 92 | | provides a copy of such valid license at the time of the purchase transaction that is80 |
|---|
| 99 | 93 | | scanned or photocopied by the secondary metals recycler or whose scanned or81 |
|---|
| 100 | 94 | | photocopied license is on file with the secondary metals recycler;82 |
|---|
| 101 | 95 | | (2) A seller with verifiable documentation, such as a receipt or work order, indicating83 |
|---|
| 102 | 96 | | that such coil is the result of a replacement of condenser coils or a heating or84 |
|---|
| 103 | 97 | | air-conditioning system performed by a contractor licensed pursuant to Chapter 14 of85 |
|---|
| 104 | 98 | | Title 43; or86 |
|---|
| 105 | 99 | | (3) A secondary metals recycler who provides proof of registration pursuant to Code87 |
|---|
| 106 | 100 | | Section 10-1-359.1 and a signed statement stating that the required information88 |
|---|
| 112 | 105 | | 10-1-359.5.91 |
|---|
| 113 | 106 | | (b) No secondary metals recycler shall purchase any copper wire which appears to have92 |
|---|
| 114 | 107 | | been exposed to heat, charred, or burned in an attempt to remove insulation surrounding93 |
|---|
| 115 | 108 | | it unless it is purchased from:94 |
|---|
| 116 | 109 | | (1) A contractor licensed pursuant to Chapter 14 of Title 43 or by another state that95 |
|---|
| 117 | 110 | | provides a copy of such valid license at the time of the purchase transaction that is96 |
|---|
| 118 | 111 | | scanned or photocopied by the secondary metals recycler or whose scanned or97 |
|---|
| 119 | 112 | | photocopied license is on file with the secondary metals recycler;98 |
|---|
| 120 | 113 | | (2) A seller with a copy of a police report showing that such seller's real property was99 |
|---|
| 121 | 114 | | involved in a fire; or100 |
|---|
| 122 | 115 | | (3) A secondary metals recycler who provides proof of registration pursuant to Code101 |
|---|
| 123 | 116 | | Section 10-1-359.1 and a signed statement stating that the required information102 |
|---|
| 124 | 117 | | concerning the purchase transaction involving such copper wire was provided by such103 |
|---|
| 125 | 118 | | secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code104 |
|---|
| 126 | 119 | | Section 10-1-359.5.105 |
|---|
| 127 | 120 | | (c) No secondary metals recycler shall purchase a catalytic converter unless such catalytic106 |
|---|
| 128 | 121 | | converter is:107 |
|---|
| 129 | 122 | | (1) Attached to a vehicle; or108 |
|---|
| 130 | 123 | | (2) Purchased from:109 |
|---|
| 131 | 124 | | (A) A used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant110 |
|---|
| 132 | 125 | | to Chapter 47 of Title 43 or by another state that provides a copy of such valid license111 |
|---|
| 133 | 126 | | at the time of the purchase transaction that is scanned or photocopied by the secondary112 |
|---|
| 134 | 127 | | metals recycler or whose scanned or photocopied license is on file with the secondary113 |
|---|
| 135 | 128 | | metals recycler;114 |
|---|
| 136 | 129 | | (B) A new motor vehicle dealer that provides a copy of a valid business license at the115 |
|---|
| 142 | 134 | | metals recycler;118 |
|---|
| 143 | 135 | | (C) A motor vehicle repairer that provides a copy of a valid business license at the time119 |
|---|
| 144 | 136 | | of the purchase transaction that is scanned or photocopied by the secondary metals120 |
|---|
| 145 | 137 | | recycler or whose scanned or photocopied business license is on file with the secondary121 |
|---|
| 146 | 138 | | metals recycler;122 |
|---|
| 147 | 139 | | (D) A manufacturer or distributor of catalytic converters that provides a copy of a valid123 |
|---|
| 148 | 140 | | business license at the time of the purchase transaction that is scanned or photocopied124 |
|---|
| 149 | 141 | | by the secondary metals recycler or whose scanned or photocopied business license is125 |
|---|
| 150 | 142 | | on file with the secondary metals recycler;126 |
|---|
| 151 | 143 | | (E) A seller with:127 |
|---|
| 152 | 144 | | (i) Verifiable documentation, such as a receipt or work order, indicating that the128 |
|---|
| 153 | 145 | | catalytic converter is the result of a replacement of a catalytic converter performed by129 |
|---|
| 154 | 146 | | a used motor vehicle dealer, new motor vehicle dealer, or motor vehicle repairer.130 |
|---|
| 155 | 147 | | Such documentation shall include a notation as to the make, model, and year of the131 |
|---|
| 156 | 148 | | vehicle in which such catalytic converter was replaced; and132 |
|---|
| 157 | 149 | | (ii) A copy of a certificate of title or registration showing ownership of or interest in133 |
|---|
| 158 | 150 | | the vehicle in which the catalytic converter was replaced; or134 |
|---|
| 159 | 151 | | (F) A secondary metals recycler who provides proof of registration pursuant to Code135 |
|---|
| 160 | 152 | | Section 10-1-359.1 and a signed statement stating that the required information136 |
|---|
| 161 | 153 | | concerning the purchase transaction involving such catalytic converter was provided137 |
|---|
| 162 | 154 | | by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to138 |
|---|
| 163 | 155 | | Code Section 10-1-359.5.139 |
|---|
| 169 | 160 | | - 7 - |
|---|
| 170 | 161 | | converter that has been tested, certified, and labeled for reuse, in accordance with143 |
|---|
| 171 | 162 | | applicable federal Clean Air Act regulations, as may from time to time be amended.144 |
|---|
| 172 | 163 | | (2) It shall be unlawful for any person to purchase or to solicit or advertise for the145 |
|---|
| 173 | 164 | | purchase of a used, detached catalytic converter, or any nonferrous metal parts of a146 |
|---|
| 174 | 165 | | catalytic converter, unless such person is a registered secondary metals recycler in147 |
|---|
| 175 | 166 | | accordance with Code Section 10-1-359.1 and in full compliance with all requirements148 |
|---|
| 176 | 167 | | prescribed by this article.149 |
|---|
| 177 | 168 | | (3) It shall be unlawful for any person to purchase, possess, transport, or sell a used,150 |
|---|
| 178 | 169 | | detached catalytic converter, or any nonferrous metal parts of a catalytic converter, unless151 |
|---|
| 179 | 170 | | such person is authorized to purchase, possess, transport, or sell catalytic converters152 |
|---|
| 180 | 171 | | pursuant to subsection (c) of this Code section and is in possession of the licenses,153 |
|---|
| 181 | 172 | | registrations, or other documentation required by subsection (c) of this Code section.154 |
|---|
| 182 | 173 | | (4) Each unlawfully possessed or obtained used, detached catalytic converter shall be155 |
|---|
| 183 | 174 | | considered a separate offense."156 |
|---|
| 184 | 175 | | SECTION 1-3.157 |
|---|
| 185 | 176 | | Said article is further amended by revising Code Section 10-1-353, relating to record of158 |
|---|
| 186 | 177 | | transaction, false statements, and penalty for making false statement, as follows:159 |
|---|
| 187 | 178 | | "10-1-353.160 |
|---|
| 188 | 179 | | (a) Except as provided in subsection (c) of this Code section, a secondary metals recycler161 |
|---|
| 189 | 180 | | shall maintain a legible record of all purchase transactions. Such record shall include the162 |
|---|
| 190 | 181 | | following information:163 |
|---|
| 191 | 182 | | (1) The name and address of the secondary metals recycler;164 |
|---|
| 192 | 183 | | (2) The date of the transaction;165 |
|---|
| 193 | 184 | | (3) The weight, quantity, or volume and a description of the type of regulated metal166 |
|---|
| 206 | 195 | | electronic funds transfer given as consideration for such purchase transaction;175 |
|---|
| 207 | 196 | | (6) A signed statement from the seller stating that such person is the rightful owner of176 |
|---|
| 208 | 197 | | the regulated metal property or has been authorized to sell the regulated metal property177 |
|---|
| 209 | 198 | | being sold;178 |
|---|
| 210 | 199 | | (7) A signed statement from the seller stating that he or she understands that: 'A179 |
|---|
| 211 | 200 | | secondary metals recycler is any person who is engaged, from a fixed location or180 |
|---|
| 212 | 201 | | otherwise, in the business in this state of paying compensation for regulated metal181 |
|---|
| 213 | 202 | | property that has served its original economic purpose, whether or not engaged in the182 |
|---|
| 214 | 203 | | business of performing the manufacturing process by which regulated metal property is183 |
|---|
| 215 | 204 | | converted into raw material products consisting of prepared grades and having an existing184 |
|---|
| 216 | 205 | | or potential economic value. No ferrous metals, nonferrous metals, aluminum property,185 |
|---|
| 217 | 206 | | copper property, or catalytic converters (aluminum beverage containers, used beverage186 |
|---|
| 218 | 207 | | containers, or similar beverage containers are exempt) may be purchased by a secondary187 |
|---|
| 219 | 208 | | metals recycler unless such secondary metals recycler is registered pursuant to Article 14188 |
|---|
| 220 | 209 | | of Chapter 1 of Title 10 of the Official Code of Georgia Annotated';189 |
|---|
| 221 | 210 | | (8) A scanned or photocopied copy of a valid personal identification card of the seller190 |
|---|
| 222 | 211 | | and of the deliverer, if such person is different from the seller;191 |
|---|
| 223 | 212 | | (9) The type of and distinctive number from the personal identification card of the seller192 |
|---|
| 229 | 217 | | different from the seller;195 |
|---|
| 230 | 218 | | (11) A photograph, videotape, or digital recording depicting a recognizable facial image196 |
|---|
| 231 | 219 | | of the seller and of the deliverer, if such person is different from the seller, employing197 |
|---|
| 232 | 220 | | technology allowing the image to be retained in electronic storage and in a transferable198 |
|---|
| 233 | 221 | | format;199 |
|---|
| 234 | 222 | | (12) The vehicle license tag number or vehicle identification number, state of issue, and200 |
|---|
| 235 | 223 | | the make, model, and color of the vehicle used to deliver the regulated metal property to201 |
|---|
| 236 | 224 | | the secondary metals recycler; and202 |
|---|
| 237 | 225 | | (13) A scanned or photocopied copy of the verifiable documentation, reports, licenses,203 |
|---|
| 238 | 226 | | certificates, and registrations required pursuant to Code Sections 10-1-351 and 10-1-352.204 |
|---|
| 239 | 227 | | (b) A secondary metals recycler shall maintain or cause to be maintained the information205 |
|---|
| 240 | 228 | | required by subsection (a) of this Code section for not less than two years from the date of206 |
|---|
| 241 | 229 | | the purchase transaction.207 |
|---|
| 242 | 230 | | (c) When the regulated metal property being purchased is a vehicle, the secondary metals208 |
|---|
| 243 | 231 | | recycler shall:209 |
|---|
| 244 | 232 | | (1) If Code Section 40-3-36 is applicable, purchase such vehicle in compliance with such210 |
|---|
| 245 | 233 | | Code section and shall not be required to maintain a record of the purchase transaction211 |
|---|
| 246 | 234 | | as provided in subsection (a) of this Code section or to provide such record to the Georgia212 |
|---|
| 247 | 235 | | Bureau of Investigation pursuant to Code Section 10-1-359.5; or213 |
|---|
| 248 | 236 | | (2) If Code Section 40-3-36 is not applicable, maintain a record of such purchase214 |
|---|
| 249 | 237 | | transaction as provided in subsection (a) of this Code section and provide such record to215 |
|---|
| 250 | 238 | | the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5.216 |
|---|
| 251 | 239 | | (d) It shall be a violation of this article to sign the statement required by either217 |
|---|
| 252 | 240 | | paragraph (6) or (7) of subsection (a) of this Code section knowing it to be false, and such218 |
|---|
| 253 | 241 | | violation shall subject the seller to the civil and criminal liability provided in Code219 |
|---|
| 265 | 251 | | or voucher for regulated metal property and shall make any such payment as specifically227 |
|---|
| 266 | 252 | | provided for in this Code section.228 |
|---|
| 267 | 253 | | (b) Any check, electronic funds transfer, or voucher shall be payable only to the person229 |
|---|
| 268 | 254 | | recorded as the seller of the regulated metal property to the secondary metals recycler.230 |
|---|
| 269 | 255 | | (c) Any voucher shall be provided to the seller at the time of the purchase transaction or231 |
|---|
| 270 | 256 | | mailed to the seller at the address indicated on the personal identification card of the seller232 |
|---|
| 271 | 257 | | presented at the time of such transaction. If the voucher is provided to the seller at the time233 |
|---|
| 272 | 258 | | of the purchase transaction and not mailed to the seller, the secondary metals recycler shall234 |
|---|
| 273 | 259 | | not redeem the voucher for three days from the date of the purchase transaction. The235 |
|---|
| 274 | 260 | | voucher shall include the date of purchase, name of the seller, the amount paid for the236 |
|---|
| 275 | 261 | | regulated metal property, a detailed description of the regulated metal property purchased,237 |
|---|
| 276 | 262 | | information as to whether the voucher was mailed or provided at the time of the purchase238 |
|---|
| 277 | 263 | | transaction, the first date on which the voucher may be redeemed, and the date on which239 |
|---|
| 278 | 264 | | the voucher expires. The voucher may only be redeemed for cash by the person whose240 |
|---|
| 279 | 265 | | name appears on the voucher as the seller or by such person's heirs or legal representative.241 |
|---|
| 280 | 266 | | If a voucher is not redeemed by the person whose name appears on the voucher as the seller242 |
|---|
| 281 | 267 | | or by such person's heirs or legal representative within six months of the date of the243 |
|---|
| 282 | 268 | | transaction, the voucher shall expire and the secondary metals recycler shall not be required244 |
|---|
| 283 | 269 | | to honor the voucher after the expiration date.245 |
|---|
| 286 | 272 | | - 11 - |
|---|
| 287 | 273 | | (1) Pay to any seller more than $100.00 in cash for any transaction or complete more247 |
|---|
| 288 | 274 | | than two transactions per seller, per day, per registered secondary metals recycler248 |
|---|
| 289 | 275 | | location;249 |
|---|
| 290 | 276 | | (2) Pay cash to any seller for used, detached catalytic converters or coils;250 |
|---|
| 291 | 277 | | (3) Pay cash to any seller for used utility wire;251 |
|---|
| 292 | 278 | | (4) Pay cash to any seller for used communications copper;252 |
|---|
| 293 | 279 | | (5) Pay cash to any seller for copper wire; or253 |
|---|
| 294 | 280 | | (6) Pay cash to any seller for a battery.254 |
|---|
| 295 | 281 | | (d)(e) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any255 |
|---|
| 296 | 282 | | check or electronic funds transfer paid to a seller for regulated metal property; and (2)256 |
|---|
| 297 | 283 | | providing or permitting any mechanism on the premises of the secondary metals recycler257 |
|---|
| 298 | 284 | | for the redemption or cashing of any check or electronic funds transfer.258 |
|---|
| 299 | 285 | | (e)(f) The provisions of this Code section shall not apply to any transaction, other than a259 |
|---|
| 300 | 286 | | transaction related to used, detached catalytic converters, between business entities."260 |
|---|
| 301 | 287 | | SECTION 1-5.261 |
|---|
| 302 | 288 | | Said article is further amended by revising Code Section 10-1-358, relating to purchases of262 |
|---|
| 303 | 289 | | regulated metal property exempted from application of article, as follows:263 |
|---|
| 304 | 290 | | "10-1-358.264 |
|---|
| 305 | 291 | | This article shall not apply to purchases of regulated metal property, other than used,265 |
|---|
| 306 | 292 | | detached catalytic converters, from:266 |
|---|
| 307 | 293 | | (1) Organizations, corporations, or associations registered with the state as charitable,267 |
|---|
| 308 | 294 | | philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored268 |
|---|
| 309 | 295 | | organizations or associations or from any nonprofit corporations or associations;269 |
|---|
| 310 | 296 | | (2) A law enforcement officer acting in an official capacity;270 |
|---|
| 311 | 297 | | (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof271 |
|---|
| 322 | 306 | | regulated metal property in the ordinary course of its business, provided that such vendor278 |
|---|
| 323 | 307 | | is not a secondary metals recycler."279 |
|---|
| 324 | 308 | | SECTION 1-6.280 |
|---|
| 325 | 309 | | Said article is further amended by revising Code Section 10-1-359.1, relating to registration281 |
|---|
| 326 | 310 | | of secondary metals recycler, electronic data base, authority of sheriff, and penalty for282 |
|---|
| 327 | 311 | | violation, as follows:283 |
|---|
| 328 | 312 | | "10-1-359.1.284 |
|---|
| 329 | 313 | | (a) It shall be unlawful for any secondary metals recycler to purchase regulated metal285 |
|---|
| 330 | 314 | | property in any amount without being registered pursuant to this Code section. If the286 |
|---|
| 331 | 315 | | secondary metals recycler is a person other than an individual, such person shall register287 |
|---|
| 332 | 316 | | with the sheriff of each county in which the secondary metals recycler maintains a place288 |
|---|
| 333 | 317 | | of business. If the secondary metals recycler is an individual, he or she shall register with289 |
|---|
| 334 | 318 | | the sheriff of the county in which he or she resides or if such individual is a nonresident of290 |
|---|
| 335 | 319 | | this state, he or she shall register with the sheriff of the county in Georgia where he or she291 |
|---|
| 336 | 320 | | primarily engages or intends to primarily engage in business as a secondary metals292 |
|---|
| 337 | 321 | | recycler. The secondary metals recycler shall declare on a form promulgated by the293 |
|---|
| 338 | 322 | | Secretary of State and provided by the sheriff that such secondary metals recycler is294 |
|---|
| 339 | 323 | | informed of and will comply with the provisions of this article. The forms and information295 |
|---|
| 340 | 324 | | required for such registration shall be promulgated by the Secretary of State. The sheriff296 |
|---|
| 343 | 327 | | - 13 - |
|---|
| 344 | 328 | | Each registration shall be valid for a 12 month period beginning January 1, 2024, and shall298 |
|---|
| 345 | 329 | | be renewed annually by January 1 of each year.299 |
|---|
| 346 | 330 | | (b) The record of each registration shall be entered into an electronic data base accessible300 |
|---|
| 347 | 331 | | statewide state wide. Such data base shall be established through coordination with the301 |
|---|
| 348 | 332 | | Secretary of State and shall be searchable by all law enforcement agencies in this state.302 |
|---|
| 349 | 333 | | (c) The sheriff shall be authorized to:303 |
|---|
| 350 | 334 | | (1) Assess and require payment of a reasonable registration fee prior to registering the304 |
|---|
| 351 | 335 | | secondary metals recycler, not to exceed $200.00 for a new registration and an annual305 |
|---|
| 352 | 336 | | registration renewal for a secondary metals recycler;306 |
|---|
| 353 | 337 | | (2) If applicable, require a secondary metals recycler to submit a current and valid307 |
|---|
| 354 | 338 | | business license in the county or municipality that is associated with the address on the308 |
|---|
| 355 | 339 | | registration form prior to approving the registration or registration renewal;309 |
|---|
| 356 | 340 | | (3) Require the registered agent of a secondary metals recycler to submit to a criminal310 |
|---|
| 357 | 341 | | background check and fingerprinting for a new registration with the costs paid by the311 |
|---|
| 358 | 342 | | secondary metals recycler in an amount not to exceed $75.00;312 |
|---|
| 359 | 343 | | (4) Deny the new registration or registration renewal of a secondary metals recycler if313 |
|---|
| 360 | 344 | | such person's registration has been revoked in another Georgia county, information314 |
|---|
| 361 | 345 | | submitted on the registration form has been determined to be invalid or false, or it is315 |
|---|
| 362 | 346 | | determined by the criminal background check that such person has been convicted of a316 |
|---|
| 363 | 347 | | felony offense under this article more than three times in the previous five years;317 |
|---|
| 364 | 348 | | (5) Revoke the registration of a secondary metals recycler's registered agent if the318 |
|---|
| 365 | 349 | | registered agent has been convicted of a felony offense in the previous five years under319 |
|---|
| 366 | 350 | | this article while serving as a registered agent;320 |
|---|
| 367 | 351 | | (6) Require secondary metals recyclers to provide on the registration form the customer321 |
|---|
| 368 | 352 | | identification number for the current data base contractor maintained by the Georgia322 |
|---|
| 371 | 355 | | - 14 - |
|---|
| 372 | 356 | | (7) Require a secondary metals recycler to submit a signed and sworn statement that such324 |
|---|
| 373 | 357 | | person has not had such secondary metals recycler's registration or business license325 |
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| 374 | 358 | | revoked during the previous year and that the registered agent has not been convicted of326 |
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| 375 | 359 | | a metal theft offense in the previous year;327 |
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| 376 | 360 | | (2)(8) Delegate to personnel in the sheriff's office the registration of secondary metals328 |
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| 377 | 361 | | recyclers and entering into the data base of the records of such registrations; and329 |
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| 378 | 362 | | (3)(9) Enter into contracts with the governing authority of a county, municipality, or330 |
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| 379 | 363 | | consolidated government for such governing authority to provide for the registration of331 |
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| 380 | 364 | | secondary metals recyclers and the entering into the data base of the records of such332 |
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| 381 | 365 | | registrations by other law enforcement agencies or by staff of the governing authority.333 |
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| 382 | 366 | | Any such contract shall provide for reimbursement to such governing authority for the334 |
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| 383 | 367 | | registrations or entry of the records of such registrations into the data base.335 |
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| 384 | 368 | | (d) A secondary metals recycler's registered agent shall be ineligible to obtain a new336 |
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| 385 | 369 | | registration or registration renewal if such person is under indictment for a felony offense337 |
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| 386 | 370 | | for violation of this article or has been convicted of a felony offense in the past five years338 |
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| 387 | 371 | | under this article.339 |
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| 388 | 372 | | (d)(e) Any secondary metals recycler convicted of violating this Code section shall be340 |
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| 389 | 373 | | guilty of a misdemeanor of a high and aggravated nature."341 |
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| 390 | 374 | | SECTION 1-7.342 |
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| 391 | 375 | | Said article is further amended by revising Code Section 10-1-359.2, relating to penalties for343 |
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| 392 | 376 | | violations, as follows:344 |
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| 393 | 377 | | "10-1-359.2.345 |
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| 394 | 378 | | (a) Except as provided for in subsection (d)(e) of Code Section 10-1-359.1, any person346 |
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| 395 | 379 | | who buys or sells regulated metal property in violation of any provision of this article:347 |
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| 404 | 386 | | obtained and results in property damage exceeding the aggregate amount of $1,500.00,352 |
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| 405 | 387 | | shall be guilty of a felony and, upon conviction thereof, shall be punished by353 |
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| 406 | 388 | | imprisonment for not less than one nor more than ten years.354 |
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| 407 | 389 | | Each unlawfully possessed or obtained used, detached catalytic converter, as such term is355 |
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| 408 | 390 | | defined in subsection (d) of Code Section 10-1-351, shall be considered a separate offense356 |
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| 409 | 391 | | under this Code section.357 |
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| 410 | 392 | | (b) Any person who buys or sells regulated metal property in violation of any provision358 |
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| 411 | 393 | | of this article shall be liable in a civil action to any person who was the victim of a crime359 |
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| 412 | 394 | | involving such regulated metal property for the full value of the regulated metal property,360 |
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| 413 | 395 | | any repairs and related expenses incurred as a result of such crime, litigation expenses, and361 |
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| 414 | 396 | | reasonable attorneys' fees."362 |
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| 415 | 397 | | SECTION 1-8.363 |
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| 416 | 398 | | Said article is further amended by revising Code Section 10-1-359.3, relating to forfeiture364 |
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| 417 | 399 | | and items declared contraband, as follows:365 |
|---|
| 418 | 400 | | "10-1-359.3.366 |
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| 419 | 401 | | (a) As used in this Code section, the term:367 |
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| 420 | 402 | | (1) 'Crime' means:368 |
|---|
| 421 | 403 | | (A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in369 |
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| 422 | 404 | | violation of Code Section 16-8-4, or theft by receiving stolen property in violation of370 |
|---|
| 423 | 405 | | Code Section 16-8-7 if the subject of the theft was regulated metal property;371 |
|---|
| 424 | 406 | | (B) Criminal damage to property in the first degree in violation of paragraph (2) of372 |
|---|
| 425 | 407 | | subsection (a) of Code Section 16-7-22; or373 |
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| 437 | 417 | | (2) Any weapon possessed, used, or available for use in any manner to facilitate a crime;381 |
|---|
| 438 | 418 | | and382 |
|---|
| 439 | 419 | | (3) Any used, detached catalytic converter, as such term is defined in subsection (d) of383 |
|---|
| 440 | 420 | | Code Section 10-1-351, possessed in violation of subsection (d) of Code Section384 |
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| 441 | 421 | | 10-1-351 and any vehicle used in the transportation of such used, detached catalytic385 |
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| 442 | 422 | | converter, provided that any civil forfeiture proceedings for any vehicle seized pursuant386 |
|---|
| 443 | 423 | | to this subsection, including the reporting requirements set forth in Code Section 9-16-7,387 |
|---|
| 444 | 424 | | shall be stayed during the pendency of criminal proceedings unless otherwise agreed to388 |
|---|
| 445 | 425 | | by the owner or interest holder of such vehicle.389 |
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| 446 | 426 | | (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall390 |
|---|
| 447 | 427 | | be forfeited in accordance with the procedures set forth in Code Section 16-13-49391 |
|---|
| 448 | 428 | | Chapter 16 of Title 9."392 |
|---|
| 449 | 429 | | SECTION 1-9.393 |
|---|
| 450 | 430 | | Said article is further amended by revising subsection (a) of Code Section 10-1-359.5,394 |
|---|
| 451 | 431 | | relating to required information from secondary metals recyclers and role of Georgia Bureau395 |
|---|
| 452 | 432 | | of Investigation, as follows:396 |
|---|
| 453 | 433 | | "(a)(1) Each secondary metals recycler shall provide to the Georgia Bureau of397 |
|---|
| 454 | 434 | | Investigation or its designee for each purchase transaction which takes place on or after398 |
|---|
| 455 | 435 | | July 1, 2015, all of the information required by subsection (a) of Code Section 10-1-353,399 |
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| 458 | 438 | | - 17 - |
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| 459 | 439 | | metal property specified in paragraph (5) of subsection (a) of such Code section, and a401 |
|---|
| 460 | 440 | | statement as to whether such secondary metals recycler's registration or business license402 |
|---|
| 461 | 441 | | has been revoked, suspended, or canceled in the previous year. A secondary metals403 |
|---|
| 462 | 442 | | recycler who maintains on file with the Georgia Bureau of Investigation or its designee404 |
|---|
| 463 | 443 | | a copy of the statement forms such secondary metals recycler requires each seller to sign405 |
|---|
| 464 | 444 | | pursuant to paragraphs (6) and (7) of subsection (a) of Code Section 10-1-353 may satisfy406 |
|---|
| 465 | 445 | | the requirements of such paragraphs by providing to the Georgia Bureau of Investigation407 |
|---|
| 466 | 446 | | or its designee a copy of the individual seller's signature and shall not be required to408 |
|---|
| 467 | 447 | | provide the actual statement signed by each seller, provided the actual statements are409 |
|---|
| 468 | 448 | | maintained by the secondary metals recycler pursuant to subsection (b) of Code Section410 |
|---|
| 469 | 449 | | 10-1-353 and available for inspection pursuant to Code Section 10-1-354. The411 |
|---|
| 470 | 450 | | information required to be provided by the secondary metals recyclers to the Georgia412 |
|---|
| 471 | 451 | | Bureau of Investigation or its designee pursuant to this subsection shall be provided413 |
|---|
| 472 | 452 | | electronically.414 |
|---|
| 473 | 453 | | (2) Each secondary metals recycler shall electronically submit to the Georgia Bureau of415 |
|---|
| 474 | 454 | | Investigation a record of the receipt of each purchase of a used, detached catalytic416 |
|---|
| 475 | 455 | | converter as defined in subsection (d) of Code Section 10-1-351, or any nonferrous metal417 |
|---|
| 476 | 456 | | parts of a catalytic converter, from an industrial account or a secondary metals recycler.418 |
|---|
| 477 | 457 | | Such report shall include:419 |
|---|
| 478 | 458 | | (A) The name and address of the seller;420 |
|---|
| 479 | 459 | | (B) The date, time, and place of the transaction; and421 |
|---|
| 480 | 460 | | (C) The number of used, detached catalytic converters or pounds of catalyst metal422 |
|---|
| 486 | 465 | | SECTION 2-1.425 |
|---|
| 487 | 466 | | Said article is further amended by revising Code Section 10-1-355, relating to conditions and426 |
|---|
| 488 | 467 | | limitations on payments for regulated metal property and exception for transaction between427 |
|---|
| 489 | 468 | | business entities, as follows:428 |
|---|
| 490 | 469 | | "10-1-355.429 |
|---|
| 491 | 470 | | (a) A secondary metals recycler shall pay only by check, electronic funds transfer, cash,430 |
|---|
| 492 | 471 | | or voucher for regulated metal property and shall make any such payment as specifically431 |
|---|
| 493 | 472 | | provided for in this Code section.432 |
|---|
| 494 | 473 | | (b) Any check, electronic funds transfer, or voucher shall be payable only to the person433 |
|---|
| 495 | 474 | | recorded as the seller of the regulated metal property to the secondary metals recycler.434 |
|---|
| 496 | 475 | | (c) Any voucher shall be provided to the seller at the time of the purchase transaction or435 |
|---|
| 497 | 476 | | mailed to the seller at the address indicated on the personal identification card of the seller436 |
|---|
| 498 | 477 | | presented at the time of such transaction. If the voucher is provided to the seller at the time437 |
|---|
| 499 | 478 | | of the purchase transaction and not mailed to the seller, the secondary metals recycler shall438 |
|---|
| 500 | 479 | | not redeem the voucher for three days from the date of the purchase transaction. The439 |
|---|
| 501 | 480 | | voucher shall include the date of purchase, name of the seller, the amount paid for the440 |
|---|
| 502 | 481 | | regulated metal property, a detailed description of the regulated metal property purchased,441 |
|---|
| 503 | 482 | | information as to whether the voucher was mailed or provided at the time of the purchase442 |
|---|
| 504 | 483 | | transaction, the first date on which the voucher may be redeemed, and the date on which443 |
|---|
| 505 | 484 | | the voucher expires. The voucher may only be redeemed for cash by the person whose444 |
|---|
| 506 | 485 | | name appears on the voucher as the seller or by such person's heirs or legal representative.445 |
|---|
| 507 | 486 | | If a voucher is not redeemed by the person whose name appears on the voucher as the seller446 |
|---|
| 508 | 487 | | or by such person's heirs or legal representative within six months of the date of the447 |
|---|
| 509 | 488 | | transaction, the voucher shall expire and the secondary metals recycler shall not be required448 |
|---|
| 512 | 491 | | - 19 - |
|---|
| 513 | 492 | | (d) No secondary metals recycler shall:450 |
|---|
| 514 | 493 | | (1) Pay to any seller more than $100.00 in cash for any transaction or complete more451 |
|---|
| 515 | 494 | | than two transactions per seller, per day, per registered secondary metals recycler452 |
|---|
| 516 | 495 | | location;453 |
|---|
| 517 | 496 | | (2) Pay cash to any seller for used, detached catalytic converters or coils;454 |
|---|
| 518 | 497 | | (3) Pay cash to any seller for used utility wire;455 |
|---|
| 519 | 498 | | (4) Pay cash to any seller for used communications copper;456 |
|---|
| 520 | 499 | | (5) Pay cash to any seller for copper wire; or457 |
|---|
| 521 | 500 | | (6) Pay cash to any seller for a battery.458 |
|---|
| 522 | 501 | | (e)(d) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any459 |
|---|
| 523 | 502 | | check or electronic funds transfer paid to a seller for regulated metal property; and (2)460 |
|---|
| 524 | 503 | | providing or permitting any mechanism on the premises of the secondary metals recycler461 |
|---|
| 525 | 504 | | for the redemption or cashing of any check or electronic funds transfer.462 |
|---|
| 526 | 505 | | (f)(e) The provisions of this Code section shall not apply to any transaction, other than a463 |
|---|
| 527 | 506 | | transaction related to used, detached catalytic converters, between business entities."464 |
|---|
| 528 | 507 | | PART III465 |
|---|
| 529 | 508 | | SECTION 3-1.466 |
|---|
| 530 | 509 | | This part and all of Part I of this Act except Section 1-4 shall become effective on July 1,467 |
|---|
| 531 | 510 | | 2023, and shall apply to all transactions occurring on and after such date. Section 1-4 of this468 |
|---|
| 532 | 511 | | Act shall become effective on January 1, 2024, and shall apply to all transactions occurring469 |
|---|
| 533 | 512 | | on and after such date. Part II of this Act shall become effective on January 1, 2026, and470 |
|---|
| 534 | 513 | | shall apply to all transactions occurring on and after such date, provided that Part II of this471 |
|---|
| 535 | 514 | | Act shall not affect the prosecution of any crimes for conduct under the previous law while472 |
|---|