25 LC 60 0038
Senate Bill 40
By: Senators Hatchett of the 50th, Gooch of the 51st, Anavitarte of the 31st and Robertson
of the 29th
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 for applicability of the definition of2
the term "used, detached catalytic converters" to said article; to remove the exception for3
used, detached catalytic converters from the application of said article; to provide for certain4
registration requirements for secondary metals recyclers; to provide for the use of certain5
registration fees; to provide for records and reporting; to make conforming changes; to6
provide for related matters; to provide for an effective date and applicability; to repeal7
conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to11
secondary metals recyclers, is amended by revising Code Section 10-1-350, relating to12
definitions, by adding a new paragraph to read as follows:13
"(18.1) 'Used, detached catalytic converter' means motor vehicle exhaust system parts
14
that are used for controlling the exhaust emissions from motor vehicles and that contain15
a catalyst metal, but shall not include a catalytic converter that has been tested, certified,16
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and labeled for reuse, in accordance with applicable federal Clean Air Act regulations,17
as may from time to time be amended."18
SECTION 2.19
Said article is further amended in Code Section 10-1-351, relating to verifiable20
documentation required and unlawful activities pertaining to used, detached catalytic21
converters, by revising subsection (d) as follows:22
"(d)(1) As used in this subsection, the term 'used, detached catalytic converter' means23
motor vehicle exhaust system parts that are used for controlling the exhaust emissions24
from motor vehicles and that contain a catalyst metal, but shall not include a catalytic25
converter that has been tested, certified, and labeled for reuse, in accordance with26
applicable federal Clean Air Act regulations, as may from time to time be amended.27
(2) It shall be unlawful for any person to purchase or to solicit or advertise for the28
purchase of a used, detached catalytic converter, or any nonferrous metal parts of a29
catalytic converter, unless such person is a registered secondary metals recycler in30
accordance with Code Section 10-1-359.1 and in full compliance with all requirements31
prescribed by this article.32
(3)(2) It shall be unlawful for any person to purchase, possess, transport, or sell a used,33
detached catalytic converter, or any nonferrous metal parts of a catalytic converter, unless34
such person is authorized to purchase, possess, transport, or sell catalytic converters35
pursuant to subsection (c) of this Code section and is in possession of the licenses,36
registrations, or other documentation required by subsection (c) of this Code section.37
(4)(3) Each unlawfully possessed or obtained used, detached catalytic converter shall be38
considered a separate offense."39
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SECTION 3.
40
Said article is further amended in Code Section 10-1-358, relating to purchases of regulated41
metal property exempted from application of article, as follows:42
"10-1-358.43
This article shall not apply to purchases of regulated metal property, other than used,
44
detached catalytic converters, from:45
(1) Organizations, corporations, or associations registered with the state as charitable,46
philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored school47
sponsored organizations or associations or from any nonprofit corporations or48
associations;49
(2) A law enforcement officer acting in an official capacity;50
(3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof51
of such status to the secondary metals recycler;52
(4) Any public official acting under judicial process or authority who has presented proof53
of such status to the secondary metals recycler;54
(5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof55
has been presented to the secondary metals recycler; or56
(6) A manufacturing, industrial, or other commercial vendor that generates and sells57
regulated metal property in the ordinary course of its business, provided that such vendor58
is not a secondary metals recycler."59
SECTION 4.60
Said article is further amended by revising subsection (c) of Code Section 10-1-359.1,61
relating to registration of secondary metals recycler, electronic data base, authority of sheriff,62
and penalty for violation, as follows:63
"(c) The sheriff shall be authorized to:64
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(1) Assess and require payment of $200.00 for a new registration and an annual
65
registration renewal for a secondary metals recycler;66
(2) If applicable in the jurisdiction where such secondary metals recycler is located
,67
require a the secondary metals recycler to submit a current and valid business license in68
the county or municipality that is associated with the address on the registration form69
prior to approving the registration or registration renewal;70
(3) Require the registered agent of a secondary metals recycler to submit to a criminal71
background check and fingerprinting for a new registration with the costs paid by the72
secondary metals recycler in an amount not to exceed $75.00;73
(4) Deny the new registration or registration renewal of a secondary metals recycler if74
such person's registration has been revoked in another Georgia county, information75
submitted on the registration form has been determined to be invalid or false, or it is76
determined by the criminal background check that such person has been convicted of a77
felony offense under this article more than three times in the previous five years;78
(5) Revoke the registration of a secondary metals recycler's registered agent if the79
registered agent has been convicted of a felony offense in the previous five years under80
this article while serving as a registered agent;81
(6) Require secondary metals recyclers to provide on the registration form the customer82
identification number for the current data base contractor maintained by the Georgia83
Bureau of Investigation;84
(7) Require a secondary metals recycler to submit a signed and sworn statement that such85
person has not had such secondary metals recycler's registration or business license86
revoked during the previous year and that the registered agent has not been convicted of87
a metal theft felony offense in the previous year under this article while serving as a88
registered agent in the previous five years;89
(8) Delegate to personnel in the sheriff's office the registration of secondary metals90
recyclers and entering into the data base of the records of such registrations; and91
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(9) Remit to the Georgia Sheriffs' Association $100.00 of each $200.00 registration fee92
and remit to the general fund of the county treasury the remaining $100.00 of each93
registration fee Enter into contracts with the governing authority of a county,94
municipality, or consolidated government for such governing authority to provide for the95
registration of secondary metals recyclers and the entering into the data base Georgia96
Sheriffs' Association Secondary Metals Recycler Registry of the records of such97
registrations for use by other law enforcement agencies, or by staff of the governing98
authority, or the public. Any such contract shall provide for reimbursement to such99
governing authority for the registrations or entry of the records of such registrations into100
the data base."101
SECTION 5.102
Said article is further amended by revising Code Section 10-1-359.2, relating to penalties for103
violations, as follows:104
"10-1-359.2.105
(a) Except as provided for in subsection (e) of Code Section 10-1-359.1, any person who106
buys or sells regulated metal property in violation of any provision of this article:107
(1) For a first offense, shall be guilty of a misdemeanor;108
(2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated109
nature; and110
(3) For a third or subsequent offense or when such regulated metal property is unlawfully111
obtained and results in property damage exceeding the aggregate amount of $1,500.00,112
shall be guilty of a felony and, upon conviction thereof, shall be punished by113
imprisonment for not less than one nor more than ten years.114
Each unlawfully possessed or obtained used, detached catalytic converter, as such term is115
defined in subsection (d) of Code Section 10-1-351, shall be considered a separate offense116
under this Code section.117
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(b) Any person who buys or sells regulated metal property in violation of any provision
118
of this article shall be liable in a civil action to any person who was the victim of a crime119
involving such regulated metal property for the full value of the regulated metal property,120
any repairs and related expenses incurred as a result of such crime, litigation expenses, and121
reasonable attorneys' fees."122
SECTION 6.123
Said article is further amended by revising paragraph (3) of subsection (b) of Code124
Section 10-1-359.3, relating to forfeiture and items declared contraband, as follows:125
"(3) Any used, detached catalytic converter, as such term is defined in subsection (d) of
126
Code Section 10-1-351, possessed in violation of subsection (d) of Code Section127
10-1-351 and any vehicle used in the transportation of such used, detached catalytic128
converter, provided that any civil forfeiture proceedings for any vehicle seized pursuant129
to this subsection, including the reporting requirements set forth in Code Section 9-16-7,130
shall be stayed during the pendency of criminal proceedings unless otherwise agreed to131
by the owner or interest holder of such vehicle."132
SECTION 7.133
Said article is further amended by revising paragraph (2) of subsection (a) of Code134
Section 10-1-359.5, relating to required information from secondary metals recyclers and135
role of Georgia Bureau of Investigation, as follows:136
"(2) Notwithstanding any provision of Code Section 10-1-358 to the contrary, each Each137
secondary metals recycler shall maintain, or cause to be maintained, a record, and shall138
electronically submit to the Georgia Bureau of Investigation a such record, of the receipt139
of each purchase of a used, detached catalytic converter as defined in subsection (d) of140
Code Section 10-1-351, or any nonferrous metal parts of a catalytic converter, from an141
industrial account a manufacturing, industrial, or other commercial vendor that generates142
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and sells used, detached catalytic converters, or any nonferrous metal parts of a catalytic143
converter, in the ordinary course of its business or a secondary metals recycler. Such144
report shall include:145
(A) The name and address of the seller;146
(B) The date, time, and place of the transaction; and147
(C) The number of used, detached catalytic converters or pounds of catalyst metal148
purchased."149
SECTION 8.150
This Act shall become effective on July 1, 2025, and shall apply to all transactions occurring151
on and after such date.152
SECTION 9.153
All laws and parts of laws in conflict with this Act are repealed.154
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