8 | | - | To amend Article 14 of Chapter 1 of Title 10 and Article 2 of Chapter 8 of Title 12 of the |
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9 | | - | 1 |
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10 | | - | Official Code of Georgia Annotated, relating to secondary metals recyclers and solid waste2 |
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11 | | - | management, respectively, so as to revise provisions relating to certain materials; to provide3 |
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12 | | - | for the applicability of the definition of the term "used, detached catalytic converters" to said4 |
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13 | | - | article; to remove the exception for used, detached catalytic converters from the application5 |
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14 | | - | of said article; to provide for certain registration requirements for secondary metals recyclers;6 |
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15 | | - | to provide for the use of certain registration fees; to provide for records and reporting; to7 |
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16 | | - | allow certain caps for secondary metals recyclers with respect to payments to and number8 |
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17 | | - | of transactions with sellers to remain in effect after January 1, 2026; to revise provisions9 |
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18 | | - | relating to surcharges on certain waste; to provide for related matters; to provide for an10 |
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19 | | - | effective date and applicability; to repeal conflicting laws; and for other purposes.11 |
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20 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
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21 | | - | SECTION 1.13 |
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22 | | - | Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to14 |
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23 | | - | secondary metals recyclers, is amended by adding a new paragraph to Code Section15 |
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24 | | - | 10-1-350, relating to definitions, to read as follows:16 |
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25 | | - | S. B. 40 |
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| 5 | + | To amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,1 |
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| 6 | + | relating to secondary metals recyclers, so as to provide for applicability of the definition of2 |
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| 7 | + | the term "used, detached catalytic converters" to said article; to remove the exception for3 |
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| 8 | + | used, detached catalytic converters from the application of said article; to provide for certain4 |
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| 9 | + | registration requirements for secondary metals recyclers; to provide for the use of certain5 |
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| 10 | + | registration fees; to provide for records and reporting; to allow certain caps for secondary6 |
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| 11 | + | metals recyclers with respect to payments to and number of transactions with sellers to7 |
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| 12 | + | remain in effect after January 1, 2026; to make conforming changes; to provide for related8 |
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| 13 | + | matters; to provide for an effective date and applicability; to repeal conflicting laws; and for9 |
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| 14 | + | other purposes.10 |
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| 15 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 16 | + | SECTION 1.12 |
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| 17 | + | Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to13 |
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| 18 | + | secondary metals recyclers, is amended by adding a new paragraph to Code Section14 |
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| 19 | + | 10-1-350, relating to definitions, to read as follows:15 |
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| 20 | + | S. B. 40 (SUB) |
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27 | | - | "(18.1) 'Used, detached catalytic converter' means motor vehicle exhaust system parts17 |
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28 | | - | that are used for controlling the exhaust emissions from motor vehicles and that contain18 |
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29 | | - | a catalyst metal, but shall not include a catalytic converter that has been tested, certified,19 |
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30 | | - | and labeled for reuse, in accordance with applicable federal Clean Air Act regulations,20 |
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31 | | - | as may from time to time be amended, or other applicable federal laws or regulations."21 |
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32 | | - | SECTION 2.22 |
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33 | | - | Said article is further amended by revising subsection (d) of Code Section 10-1-351, relating23 |
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34 | | - | to verifiable documentation required and unlawful activities pertaining to used, detached24 |
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35 | | - | catalytic converters, as follows:25 |
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36 | | - | "(d)(1) As used in this subsection, the term 'used, detached catalytic converter' means26 |
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37 | | - | motor vehicle exhaust system parts that are used for controlling the exhaust emissions27 |
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38 | | - | from motor vehicles and that contain a catalyst metal, but shall not include a catalytic28 |
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39 | | - | converter that has been tested, certified, and labeled for reuse, in accordance with29 |
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40 | | - | applicable federal Clean Air Act regulations, as may from time to time be amended.30 |
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41 | | - | (2) It shall be unlawful for any person to purchase or to solicit or advertise for the31 |
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42 | | - | purchase of a used, detached catalytic converter, or any nonferrous metal parts of a32 |
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43 | | - | catalytic converter, unless such person is a registered secondary metals recycler in33 |
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44 | | - | accordance with Code Section 10-1-359.1 and in full compliance with all requirements34 |
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45 | | - | prescribed by this article.35 |
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46 | | - | (3)(2) It shall be unlawful for any person to purchase, possess, transport, or sell a used,36 |
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47 | | - | detached catalytic converter, or any nonferrous metal parts of a catalytic converter, unless37 |
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48 | | - | such person is authorized to purchase, possess, transport, or sell catalytic converters38 |
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49 | | - | pursuant to subsection (c) of this Code section and is in possession of the licenses,39 |
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50 | | - | registrations, or other documentation required by subsection (c) of this Code section.40 |
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51 | | - | (4)(3) Each unlawfully possessed or obtained used, detached catalytic converter shall be41 |
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52 | | - | considered a separate offense."42 |
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53 | | - | S. B. 40 |
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| 22 | + | "(18.1) 'Used, detached catalytic converter' means motor vehicle exhaust system parts16 |
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| 23 | + | that are used for controlling the exhaust emissions from motor vehicles and that contain17 |
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| 24 | + | a catalyst metal, but shall not include a catalytic converter that has been tested, certified,18 |
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| 25 | + | and labeled for reuse, in accordance with applicable federal Clean Air Act regulations,19 |
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| 26 | + | as may from time to time be amended, or other applicable federal laws or regulations."20 |
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| 27 | + | SECTION 2.21 |
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| 28 | + | Said article is further amended by revising subsection (d) of Code Section 10-1-351, relating22 |
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| 29 | + | to verifiable documentation required and unlawful activities pertaining to used, detached23 |
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| 30 | + | catalytic converters, as follows:24 |
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| 31 | + | "(d)(1) As used in this subsection, the term 'used, detached catalytic converter' means25 |
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| 32 | + | motor vehicle exhaust system parts that are used for controlling the exhaust emissions26 |
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| 33 | + | from motor vehicles and that contain a catalyst metal, but shall not include a catalytic27 |
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| 34 | + | converter that has been tested, certified, and labeled for reuse, in accordance with28 |
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| 35 | + | applicable federal Clean Air Act regulations, as may from time to time be amended.29 |
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| 36 | + | (2) It shall be unlawful for any person to purchase or to solicit or advertise for the30 |
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| 37 | + | purchase of a used, detached catalytic converter, or any nonferrous metal parts of a31 |
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| 38 | + | catalytic converter, unless such person is a registered secondary metals recycler in32 |
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| 39 | + | accordance with Code Section 10-1-359.1 and in full compliance with all requirements33 |
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| 40 | + | prescribed by this article.34 |
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| 41 | + | (3)(2) It shall be unlawful for any person to purchase, possess, transport, or sell a used,35 |
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| 42 | + | detached catalytic converter, or any nonferrous metal parts of a catalytic converter, unless36 |
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| 43 | + | such person is authorized to purchase, possess, transport, or sell catalytic converters37 |
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| 44 | + | pursuant to subsection (c) of this Code section and is in possession of the licenses,38 |
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| 45 | + | registrations, or other documentation required by subsection (c) of this Code section.39 |
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| 46 | + | (4)(3) Each unlawfully possessed or obtained used, detached catalytic converter shall be40 |
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| 47 | + | considered a separate offense."41 |
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| 48 | + | S. B. 40 (SUB) |
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55 | | - | SECTION 3. |
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56 | | - | 43 |
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57 | | - | Said article is further amended by revising Code Section 10-1-355, relating to conditions and44 |
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58 | | - | limitations on payments for regulated metal property and exception for transaction between45 |
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59 | | - | business entities, in effect on January 1, 2026, as follows:46 |
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60 | | - | "10-1-355.47 |
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61 | | - | (a) A secondary metals recycler shall pay only by check, electronic funds transfer, cash,48 |
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62 | | - | or voucher for regulated metal property and shall make any such payment as specifically49 |
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63 | | - | provided for in this Code section.50 |
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64 | | - | (b) Any check, electronic funds transfer, or voucher shall be payable only to the person51 |
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65 | | - | recorded as the seller of the regulated metal property to the secondary metals recycler.52 |
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66 | | - | (c) Any voucher shall be provided to the seller at the time of the purchase transaction or53 |
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67 | | - | mailed to the seller at the address indicated on the personal identification card of the seller54 |
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68 | | - | presented at the time of such transaction. If the voucher is provided to the seller at the time55 |
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69 | | - | of the purchase transaction and not mailed to the seller, the secondary metals recycler shall56 |
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70 | | - | not redeem the voucher for three days from the date of the purchase transaction. The57 |
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71 | | - | voucher shall include the date of purchase, name of the seller, the amount paid for the58 |
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72 | | - | regulated metal property, a detailed description of the regulated metal property purchased,59 |
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73 | | - | information as to whether the voucher was mailed or provided at the time of the purchase60 |
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74 | | - | transaction, the first date on which the voucher may be redeemed, and the date on which61 |
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75 | | - | the voucher expires. The voucher may only be redeemed for cash by the person whose62 |
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76 | | - | name appears on the voucher as the seller or by such person's heirs or legal representative. 63 |
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77 | | - | If a voucher is not redeemed by the person whose name appears on the voucher as the seller64 |
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78 | | - | or by such person's heirs or legal representative within six months of the date of the65 |
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79 | | - | transaction, the voucher shall expire and the secondary metals recycler shall not be required66 |
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80 | | - | to honor the voucher after the expiration date.67 |
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81 | | - | (d) No secondary metals recycler shall: |
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82 | | - | 68 |
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83 | | - | S. B. 40 |
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| 50 | + | SECTION 3.42 |
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| 51 | + | Said article is further amended by revising Code Section 10-1-355, relating to conditions and43 |
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| 52 | + | limitations on payments for regulated metal property and exception for transaction between44 |
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| 53 | + | business entities, in effect on January 1, 2026, as follows:45 |
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| 54 | + | "10-1-355.46 |
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| 55 | + | (a) A secondary metals recycler shall pay only by check, electronic funds transfer, cash,47 |
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| 56 | + | or voucher for regulated metal property and shall make any such payment as specifically48 |
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| 57 | + | provided for in this Code section.49 |
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| 58 | + | (b) Any check, electronic funds transfer, or voucher shall be payable only to the person50 |
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| 59 | + | recorded as the seller of the regulated metal property to the secondary metals recycler.51 |
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| 60 | + | (c) Any voucher shall be provided to the seller at the time of the purchase transaction or52 |
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| 61 | + | mailed to the seller at the address indicated on the personal identification card of the seller53 |
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| 62 | + | presented at the time of such transaction. If the voucher is provided to the seller at the time54 |
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| 63 | + | of the purchase transaction and not mailed to the seller, the secondary metals recycler shall55 |
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| 64 | + | not redeem the voucher for three days from the date of the purchase transaction. The56 |
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| 65 | + | voucher shall include the date of purchase, name of the seller, the amount paid for the57 |
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| 66 | + | regulated metal property, a detailed description of the regulated metal property purchased,58 |
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| 67 | + | information as to whether the voucher was mailed or provided at the time of the purchase59 |
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| 68 | + | transaction, the first date on which the voucher may be redeemed, and the date on which60 |
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| 69 | + | the voucher expires. The voucher may only be redeemed for cash by the person whose61 |
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| 70 | + | name appears on the voucher as the seller or by such person's heirs or legal representative. 62 |
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| 71 | + | If a voucher is not redeemed by the person whose name appears on the voucher as the seller63 |
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| 72 | + | or by such person's heirs or legal representative within six months of the date of the64 |
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| 73 | + | transaction, the voucher shall expire and the secondary metals recycler shall not be required65 |
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| 74 | + | to honor the voucher after the expiration date.66 |
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| 75 | + | (d) No secondary metals recycler shall:67 |
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| 76 | + | S. B. 40 (SUB) |
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85 | | - | (1) Pay to any seller more than $100.00 in cash for any transaction or complete more69 |
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86 | | - | than two transactions per seller, per day, per registered secondary metals recycler70 |
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87 | | - | location;71 |
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88 | | - | (2) Pay cash to any seller for used, detached catalytic converters or coils;72 |
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89 | | - | (3) Pay cash to any seller for used utility wire;73 |
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90 | | - | (4) Pay cash to any seller for used communications copper;74 |
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91 | | - | (5) Pay cash to any seller for copper wire; or75 |
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92 | | - | (6) Pay cash to any seller for a battery.76 |
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93 | | - | (e) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any77 |
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94 | | - | check or electronic funds transfer paid to a seller for regulated metal property; and (2)78 |
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95 | | - | providing or permitting any mechanism on the premises of the secondary metals recycler79 |
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96 | | - | for the redemption or cashing of any check or electronic funds transfer.80 |
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97 | | - | (e)(f) The provisions of this Code section shall not apply to any transaction between81 |
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98 | | - | business entities."82 |
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99 | | - | SECTION 4.83 |
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100 | | - | Said article is further amended by revising Code Section 10-1-358, relating to purchases of84 |
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101 | | - | regulated metal property exempted from application of article, as follows:85 |
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102 | | - | "10-1-358.86 |
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103 | | - | This article shall not apply to purchases of regulated metal property, other than used,87 |
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104 | | - | detached catalytic converters, from:88 |
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105 | | - | (1) Organizations, corporations, or associations registered with the state as charitable,89 |
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106 | | - | philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored school90 |
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107 | | - | sponsored organizations or associations or from any nonprofit corporations or91 |
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108 | | - | associations;92 |
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109 | | - | (2) A law enforcement officer acting in an official capacity;93 |
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110 | | - | S. B. 40 |
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| 78 | + | (1) Pay to any seller more than $100.00 in cash for any transaction or complete more68 |
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| 79 | + | than two transactions per seller, per day, per registered secondary metals recycler69 |
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| 80 | + | location;70 |
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| 81 | + | (2) Pay cash to any seller for used, detached catalytic converters or coils;71 |
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| 82 | + | (3) Pay cash to any seller for used utility wire;72 |
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| 83 | + | (4) Pay cash to any seller for used communications copper;73 |
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| 84 | + | (5) Pay cash to any seller for copper wire; or74 |
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| 85 | + | (6) Pay cash to any seller for a battery.75 |
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| 86 | + | (e) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any76 |
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| 87 | + | check or electronic funds transfer paid to a seller for regulated metal property; and (2)77 |
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| 88 | + | providing or permitting any mechanism on the premises of the secondary metals recycler78 |
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| 89 | + | for the redemption or cashing of any check or electronic funds transfer.79 |
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| 90 | + | (e)(f) The provisions of this Code section shall not apply to any transaction between80 |
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| 91 | + | business entities."81 |
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| 92 | + | SECTION 4.82 |
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| 93 | + | Said article is further amended by revising Code Section 10-1-358, relating to purchases of83 |
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| 94 | + | regulated metal property exempted from application of article, as follows:84 |
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| 95 | + | "10-1-358.85 |
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| 96 | + | This article shall not apply to purchases of regulated metal property, other than used,86 |
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| 97 | + | detached catalytic converters, from:87 |
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| 98 | + | (1) Organizations, corporations, or associations registered with the state as charitable,88 |
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| 99 | + | philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored school89 |
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| 100 | + | sponsored organizations or associations or from any nonprofit corporations or90 |
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| 101 | + | associations;91 |
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| 102 | + | (2) A law enforcement officer acting in an official capacity;92 |
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| 103 | + | S. B. 40 (SUB) |
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112 | | - | (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof |
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113 | | - | 94 |
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114 | | - | of such status to the secondary metals recycler;95 |
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115 | | - | (4) Any public official acting under judicial process or authority who has presented proof96 |
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116 | | - | of such status to the secondary metals recycler;97 |
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117 | | - | (5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof98 |
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118 | | - | has been presented to the secondary metals recycler; or99 |
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119 | | - | (6) A manufacturing, industrial, or other commercial vendor that generates and sells100 |
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120 | | - | regulated metal property in the ordinary course of its business, provided that such vendor101 |
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121 | | - | is not a secondary metals recycler."102 |
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122 | | - | SECTION 5.103 |
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123 | | - | Said article is further amended by revising subsection (c) of Code Section 10-1-359.1,104 |
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124 | | - | relating to registration of secondary metals recycler, electronic data base, authority of sheriff,105 |
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125 | | - | and penalty for violation, as follows:106 |
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126 | | - | "(c) The sheriff shall be authorized to:107 |
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127 | | - | (1) Assess and require payment of $200.00 for a new registration and an annual108 |
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128 | | - | registration renewal for a secondary metals recycler;109 |
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129 | | - | (2) If applicable in the jurisdiction where such secondary metals recycler is located |
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130 | | - | ,110 |
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131 | | - | require a the secondary metals recycler to submit a current and valid business license in111 |
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132 | | - | the county or municipality that is associated with the address on the registration form112 |
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133 | | - | prior to approving the registration or registration renewal;113 |
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134 | | - | (3) Require the registered agent of a secondary metals recycler to submit to a criminal114 |
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135 | | - | background check and fingerprinting for a new registration with the costs paid by the115 |
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136 | | - | secondary metals recycler in an amount not to exceed $75.00;116 |
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137 | | - | (4) Deny the new registration or registration renewal of a secondary metals recycler if117 |
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138 | | - | such person's registration has been revoked in another Georgia county, information118 |
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139 | | - | submitted on the registration form has been determined to be invalid or false, or it is119 |
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140 | | - | S. B. 40 |
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| 105 | + | (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof93 |
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| 106 | + | of such status to the secondary metals recycler;94 |
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| 107 | + | (4) Any public official acting under judicial process or authority who has presented proof95 |
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| 108 | + | of such status to the secondary metals recycler;96 |
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| 109 | + | (5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof97 |
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| 110 | + | has been presented to the secondary metals recycler; or98 |
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| 111 | + | (6) A manufacturing, industrial, or other commercial vendor that generates and sells99 |
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| 112 | + | regulated metal property in the ordinary course of its business, provided that such vendor100 |
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| 113 | + | is not a secondary metals recycler."101 |
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| 114 | + | SECTION 5.102 |
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| 115 | + | Said article is further amended by revising subsection (c) of Code Section 10-1-359.1,103 |
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| 116 | + | relating to registration of secondary metals recycler, electronic data base, authority of sheriff,104 |
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| 117 | + | and penalty for violation, as follows:105 |
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| 118 | + | "(c) The sheriff shall be authorized to:106 |
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| 119 | + | (1) Assess and require payment of $200.00 for a new registration and an annual107 |
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| 120 | + | registration renewal for a secondary metals recycler;108 |
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| 121 | + | (2) If applicable in the jurisdiction where such secondary metals recycler is located,109 |
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| 122 | + | require a the secondary metals recycler to submit a current and valid business license in110 |
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| 123 | + | the county or municipality that is associated with the address on the registration form111 |
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| 124 | + | prior to approving the registration or registration renewal;112 |
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| 125 | + | (3) Require the registered agent of a secondary metals recycler to submit to a criminal113 |
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| 126 | + | background check and fingerprinting for a new registration with the costs paid by the114 |
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| 127 | + | secondary metals recycler in an amount not to exceed $75.00;115 |
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| 128 | + | (4) Deny the new registration or registration renewal of a secondary metals recycler if116 |
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| 129 | + | such person's registration has been revoked in another Georgia county, information117 |
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| 130 | + | submitted on the registration form has been determined to be invalid or false, or it is118 |
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| 131 | + | S. B. 40 (SUB) |
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142 | | - | determined by the criminal background check that such person has been convicted of a |
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143 | | - | 120 |
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144 | | - | felony offense under this article more than three times |
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145 | | - | in the previous five years;121 |
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146 | | - | (5) Revoke the registration of a secondary metals recycler's registered agent if the122 |
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147 | | - | registered agent has been convicted of a felony offense in the previous five years under123 |
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148 | | - | this article while serving as a registered agent;124 |
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149 | | - | (6) Require secondary metals recyclers to provide on the registration form the customer125 |
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150 | | - | identification number for the current data base contractor maintained by the Georgia126 |
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151 | | - | Bureau of Investigation;127 |
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152 | | - | (7) Require a secondary metals recycler to submit a signed and sworn statement that such128 |
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153 | | - | person has not had such secondary metals recycler's registration or business license129 |
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154 | | - | revoked during the previous year and that the registered agent has not been convicted of130 |
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155 | | - | a metal theft felony offense in the previous year under this article while serving as a131 |
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156 | | - | registered agent in the previous five years;132 |
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157 | | - | (8) Delegate to personnel in the sheriff's office the registration of secondary metals133 |
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158 | | - | recyclers and entering into the data base of the records of such registrations; and134 |
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159 | | - | (9) Remit to the Georgia Sheriffs' Association $100.00 of each $200.00 registration fee135 |
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160 | | - | and remit to the general fund of the county treasury the remaining $100.00 of each136 |
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161 | | - | registration fee Enter into contracts with the governing authority of a county,137 |
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162 | | - | municipality, or consolidated government for such governing authority to provide for the138 |
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163 | | - | registration of secondary metals recyclers and the entering into the data base Georgia139 |
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164 | | - | Sheriffs' Association Secondary Metals Recycler Registry of the records of such140 |
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165 | | - | registrations for use by other law enforcement agencies, or by staff of the governing141 |
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166 | | - | authority, or the public. Any such contract shall provide for reimbursement to such142 |
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167 | | - | governing authority for the registrations or entry of the records of such registrations into143 |
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168 | | - | the data base."144 |
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169 | | - | S. B. 40 |
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| 133 | + | determined by the criminal background check that such person has been convicted of a119 |
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| 134 | + | felony offense under this article more than three times in the previous five years;120 |
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| 135 | + | (5) Revoke the registration of a secondary metals recycler's registered agent if the121 |
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| 136 | + | registered agent has been convicted of a felony offense in the previous five years under122 |
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| 137 | + | this article while serving as a registered agent;123 |
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| 138 | + | (6) Require secondary metals recyclers to provide on the registration form the customer124 |
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| 139 | + | identification number for the current data base contractor maintained by the Georgia125 |
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| 140 | + | Bureau of Investigation;126 |
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| 141 | + | (7) Require a secondary metals recycler to submit a signed and sworn statement that such127 |
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| 142 | + | person has not had such secondary metals recycler's registration or business license128 |
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| 143 | + | revoked during the previous year and that the registered agent has not been convicted of129 |
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| 144 | + | a metal theft felony offense in the previous year under this article while serving as a130 |
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| 145 | + | registered agent in the previous five years;131 |
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| 146 | + | (8) Delegate to personnel in the sheriff's office the registration of secondary metals132 |
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| 147 | + | recyclers and entering into the data base of the records of such registrations; and133 |
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| 148 | + | (9) Remit to the Georgia Sheriffs' Association $100.00 of each $200.00 registration fee134 |
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| 149 | + | and remit to the general fund of the county treasury the remaining $100.00 of each135 |
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| 150 | + | registration fee Enter into contracts with the governing authority of a county,136 |
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| 151 | + | municipality, or consolidated government for such governing authority to provide for the137 |
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| 152 | + | registration of secondary metals recyclers and the entering into the data base Georgia138 |
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| 153 | + | Sheriffs' Association Secondary Metals Recycler Registry of the records of such139 |
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| 154 | + | registrations for use by other law enforcement agencies, or by staff of the governing140 |
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| 155 | + | authority, or the public. Any such contract shall provide for reimbursement to such141 |
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| 156 | + | governing authority for the registrations or entry of the records of such registrations into142 |
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| 157 | + | the data base."143 |
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| 158 | + | S. B. 40 (SUB) |
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171 | | - | SECTION 6. |
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172 | | - | 145 |
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173 | | - | Said article is further amended by revising Code Section 10-1-359.2, relating to penalties for146 |
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174 | | - | violations, as follows:147 |
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175 | | - | "10-1-359.2.148 |
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176 | | - | (a) Except as provided for in subsection (e) of Code Section 10-1-359.1, any person who149 |
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177 | | - | buys or sells regulated metal property in violation of any provision of this article:150 |
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178 | | - | (1) For a first offense, shall be guilty of a misdemeanor;151 |
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179 | | - | (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated152 |
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180 | | - | nature; and153 |
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181 | | - | (3) For a third or subsequent offense or when such regulated metal property is unlawfully154 |
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182 | | - | obtained and results in property damage exceeding the aggregate amount of $1,500.00,155 |
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183 | | - | shall be guilty of a felony and, upon conviction thereof, shall be punished by156 |
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184 | | - | imprisonment for not less than one nor more than ten years.157 |
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185 | | - | Each unlawfully possessed or obtained used, detached catalytic converter, as such term is |
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186 | | - | 158 |
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187 | | - | defined in subsection (d) of Code Section 10-1-351, shall be considered a separate offense159 |
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188 | | - | under this Code section.160 |
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189 | | - | (b) Any person who buys or sells regulated metal property in violation of any provision161 |
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190 | | - | of this article shall be liable in a civil action to any person who was the victim of a crime162 |
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191 | | - | involving such regulated metal property for the full value of the regulated metal property,163 |
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192 | | - | any repairs and related expenses incurred as a result of such crime, litigation expenses, and164 |
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193 | | - | reasonable attorneys' fees."165 |
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194 | | - | SECTION 7.166 |
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195 | | - | Said article is further amended by revising paragraph (3) of subsection (b) of Code167 |
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196 | | - | Section 10-1-359.3, relating to forfeiture and items declared contraband, as follows:168 |
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197 | | - | "(3) Any used, detached catalytic converter, as such term is defined in subsection (d) of169 |
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198 | | - | Code Section 10-1-351, possessed in violation of subsection (d) of Code Section170 |
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199 | | - | S. B. 40 |
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| 160 | + | SECTION 6.144 |
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| 161 | + | Said article is further amended by revising Code Section 10-1-359.2, relating to penalties for145 |
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| 162 | + | violations, as follows:146 |
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| 163 | + | "10-1-359.2.147 |
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| 164 | + | (a) Except as provided for in subsection (e) of Code Section 10-1-359.1, any person who148 |
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| 165 | + | buys or sells regulated metal property in violation of any provision of this article:149 |
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| 166 | + | (1) For a first offense, shall be guilty of a misdemeanor;150 |
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| 167 | + | (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated151 |
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| 168 | + | nature; and152 |
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| 169 | + | (3) For a third or subsequent offense or when such regulated metal property is unlawfully153 |
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| 170 | + | obtained and results in property damage exceeding the aggregate amount of $1,500.00,154 |
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| 171 | + | shall be guilty of a felony and, upon conviction thereof, shall be punished by155 |
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| 172 | + | imprisonment for not less than one nor more than ten years.156 |
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| 173 | + | Each unlawfully possessed or obtained used, detached catalytic converter, as such term is157 |
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| 174 | + | defined in subsection (d) of Code Section 10-1-351, shall be considered a separate offense158 |
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| 175 | + | under this Code section.159 |
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| 176 | + | (b) Any person who buys or sells regulated metal property in violation of any provision160 |
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| 177 | + | of this article shall be liable in a civil action to any person who was the victim of a crime161 |
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| 178 | + | involving such regulated metal property for the full value of the regulated metal property,162 |
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| 179 | + | any repairs and related expenses incurred as a result of such crime, litigation expenses, and163 |
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| 180 | + | reasonable attorneys' fees."164 |
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| 181 | + | SECTION 7.165 |
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| 182 | + | Said article is further amended by revising paragraph (3) of subsection (b) of Code166 |
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| 183 | + | Section 10-1-359.3, relating to forfeiture and items declared contraband, as follows:167 |
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| 184 | + | "(3) Any used, detached catalytic converter, as such term is defined in subsection (d) of168 |
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| 185 | + | Code Section 10-1-351, possessed in violation of subsection (d) of Code Section169 |
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| 186 | + | S. B. 40 (SUB) |
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201 | | - | 10-1-351 and any vehicle used in the transportation of such used, detached catalytic |
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202 | | - | 171 |
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203 | | - | converter, provided that any civil forfeiture proceedings for any vehicle seized pursuant172 |
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204 | | - | to this subsection, including the reporting requirements set forth in Code Section 9-16-7,173 |
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205 | | - | shall be stayed during the pendency of criminal proceedings unless otherwise agreed to174 |
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206 | | - | by the owner or interest holder of such vehicle."175 |
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207 | | - | SECTION 8.176 |
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208 | | - | Said article is further amended by revising paragraph (2) of subsection (a) of Code177 |
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209 | | - | Section 10-1-359.5, relating to required information from secondary metals recyclers and178 |
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210 | | - | role of Georgia Bureau of Investigation, as follows:179 |
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211 | | - | "(2) Notwithstanding any provision of Code Section 10-1-358 to the contrary, each |
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212 | | - | Each180 |
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213 | | - | secondary metals recycler shall maintain, or cause to be maintained, a record, and shall181 |
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214 | | - | electronically submit to the Georgia Bureau of Investigation a such record, of the receipt182 |
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215 | | - | of each purchase of a used, detached catalytic converter as defined in subsection (d) of183 |
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216 | | - | Code Section 10-1-351, or any nonferrous metal parts of a catalytic converter, from an184 |
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217 | | - | industrial account a manufacturing, industrial, or other commercial vendor that generates185 |
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218 | | - | and sells used, detached catalytic converters, or any nonferrous metal parts of a catalytic186 |
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219 | | - | converter, in the ordinary course of its business or a secondary metals recycler. Such187 |
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220 | | - | report shall include:188 |
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221 | | - | (A) The name and address of the seller;189 |
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222 | | - | (B) The date, time, and place of the transaction; and190 |
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223 | | - | (C) The number of used, detached catalytic converters or pounds of catalyst metal191 |
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224 | | - | purchased."192 |
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225 | | - | SECTION 9.193 |
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226 | | - | Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid194 |
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227 | | - | waste management, is amended in Code Section 12-8-39, relating to cost reimbursement195 |
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228 | | - | S. B. 40 |
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| 188 | + | 10-1-351 and any vehicle used in the transportation of such used, detached catalytic170 |
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| 189 | + | converter, provided that any civil forfeiture proceedings for any vehicle seized pursuant171 |
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| 190 | + | to this subsection, including the reporting requirements set forth in Code Section 9-16-7,172 |
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| 191 | + | shall be stayed during the pendency of criminal proceedings unless otherwise agreed to173 |
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| 192 | + | by the owner or interest holder of such vehicle."174 |
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| 193 | + | SECTION 8.175 |
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| 194 | + | Said article is further amended by revising paragraph (2) of subsection (a) of Code176 |
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| 195 | + | Section 10-1-359.5, relating to required information from secondary metals recyclers and177 |
---|
| 196 | + | role of Georgia Bureau of Investigation, as follows:178 |
---|
| 197 | + | "(2) Notwithstanding any provision of Code Section 10-1-358 to the contrary, each Each179 |
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| 198 | + | secondary metals recycler shall maintain, or cause to be maintained, a record, and shall180 |
---|
| 199 | + | electronically submit to the Georgia Bureau of Investigation a such record, of the receipt181 |
---|
| 200 | + | of each purchase of a used, detached catalytic converter as defined in subsection (d) of182 |
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| 201 | + | Code Section 10-1-351, or any nonferrous metal parts of a catalytic converter, from an183 |
---|
| 202 | + | industrial account a manufacturing, industrial, or other commercial vendor that generates184 |
---|
| 203 | + | and sells used, detached catalytic converters, or any nonferrous metal parts of a catalytic185 |
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| 204 | + | converter, in the ordinary course of its business or a secondary metals recycler. Such186 |
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| 205 | + | report shall include:187 |
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| 206 | + | (A) The name and address of the seller;188 |
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| 207 | + | (B) The date, time, and place of the transaction; and189 |
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| 208 | + | (C) The number of used, detached catalytic converters or pounds of catalyst metal190 |
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| 209 | + | purchased."191 |
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| 210 | + | SECTION 9.192 |
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| 211 | + | This Act shall become effective on July 1, 2025, and shall apply to all transactions occurring193 |
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| 212 | + | on and after such date.194 |
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| 213 | + | S. B. 40 (SUB) |
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