09 SB82/CSFA/2
Senate
Bill 82
By:
Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to secondary metals recyclers, so as to change provisions
relating to transaction records; to provide for accessibility for review of
transaction records to law enforcement personnel; to prohibit the sale or
purchase of certain metals; to provide for criminal penalties for certain
unlawful conduct; to regulate payments to persons selling copper items to
secondary metals recyclers; to provide jurisdiction for municipal courts to try
and dispose of certain cases; to exempt computers and computer equipment; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating
to secondary metals recyclers, is amended by revising Code Section 10-1-351,
relating to record of transactions, as follows:
"10-1-351.
(a)
A secondary metals recycler shall maintain a legible record of all purchase
transactions to which such secondary metals recycler is a
party.
Such record shall include
on a form
prescribed by the state revenue commissioner which shall
require the following
information:
(1)
The name and address of the secondary metals recycler;
(2)
The date of the transaction;
(3)
The weight, quantity, or volume and a description of the type of regulated metal
property
purchased,
utilizing the specifications of the Institute of Scrap Recycling Industries
Circular as the standard as such specifications existed on the effective date of
this paragraph, in a purchase transaction
together with
a dated and time-stamped photograph of the purchased metal property and the name
of the photographer. For purposes of this
paragraph, the term 'type of regulated metal property' shall include a general
physical description, such as wire, tubing, extrusions,
or
castings,
automotive part, or farm
equipment;
(4)
The amount of consideration given in a purchase transaction for the regulated
metal property;
(5)
A signed statement from the person receiving consideration in the purchase
transaction
stating
certifying
under oath that he or she is the rightful
owner of the regulated metal property or
is
entitled
is an
employee, agent, or other person
authorized to sell
and dispose
of the regulated metal property
on behalf of
the rightful owner
being
sold;
obtained the
metal and the physical address where the metal was obtained by such person;
provided, however, that, in the case of motor vehicles, in addition to such
certification, the person shall also provide the title to such motor vehicle or,
if such motor vehicle has no title, other official documentation of ownership.
The entity purchasing a motor vehicle that is titled shall cancel the title to
such motor vehicle in accordance with Code Section
40-3-36;
Falsification
of the statement required by this Code section shall be a violation of Code
Section
16-10-71 and upon conviction shall be punishable pursuant to such Code
section.
(6)
The name and address of the person delivering the regulated metal property to
the secondary metals recycler
along with a
photocopy or electronic scan of the driver's license or state or federally
issued photo identification card of the person delivering the regulated metal
property to the secondary metals recycler. If the secondary metals recycler has
a copy of the valid photo identification of the person delivering the regulated
metal property on file, the secondary metals recycler shall examine the photo
identification, but may reference such photo identification on file without
making a separate photo copy or electronic scan for each subsequent transaction.
If the person delivering the regulated metal property does not have a driver's
license or a state or federally issued photo identification card, then the
secondary metals recycler shall not complete the
transaction;
(7)
The distinctive number from, and type of, the personal identification card of
the person delivering the regulated metal property to the secondary metals
recycler;
and
(8)
The vehicle license tag number, state of issue, and the type of vehicle, if
available, used to deliver the regulated metal property to the secondary metals
recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean
an automobile, pickup truck, van, or
truck;
and
(9)
Such other information as the state revenue commissioner may
require.
(b)
A secondary metals recycler shall maintain or cause to be maintained the
information
and
records required by subsection (a) of this
Code section for not less than two years from the date of the purchase
transaction
and shall make
such information and records readily accessible for review by law enforcement
personnel upon request.
(c)(1)
Unless accompanied by a signed statement certifying under oath that the seller
is the rightful owner of the regulated metal property or is an employee, agent,
or other person authorized to sell and dispose of the regulated metal property
on behalf of the rightful owner, it shall be a violation to knowingly sell or
attempt to sell to a secondary metals recycler or for a secondary metals
recycler to knowingly purchase or attempt to purchase the following types of
metal:
(A)
Metal bearing a visible identifying mark of an electric, telephone, cable,
water, railroad, other public utility, or government entity;
(B)
Utility access covers;
(C)
Street light poles and fixtures;
(D)
Road and bridge guard rails;
(E)
Highway or street signs;
(F)
Water meter covers;
(G)
Traffic directional and control signs;
(H)
Traffic light signals; and
(I)
Historical markers, or grave markers and vases.
(2)
A person convicted of a first offense of a violation of this subsection shall be
guilty of a misdemeanor. Any person who violates this subsection for the second
or any subsequent offense shall be guilty of a felony and, upon conviction
thereof, shall be punished by a fine of not more than $1,000.00 or by
imprisonment for not less than one nor more than five years, or
both.
(d)
Any person who knowingly and willfully makes a false statement in the statement
required by paragraph (5) of subsection (a) or subsection (c) of this Code
section shall be guilty of false swearing and shall be subject to any penalties
therefor prescribed by Code Section
16-10-71."
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"10-1-352.1.
(a)
For purposes of this Code section, the term 'copper property' means any copper
wire, copper tubing, copper pipe, or any item composed completely of
copper.
(b)
A secondary metals recycler may pay cash for any copper property only if the
amount of the consideration of such item or items is $100.00 or less. Payment
for any copper property exceeding the value of $100.00 shall be issued by check.
Such check shall be payable only to the person named in paragraph (6) of
subsection (a) of Code Section 10-1-351 and shall be transmitted to such person
providing identification as required in paragraph (6) of subsection (a) of Code
Section 10-1-351; provided, however, that if such person is delivering the
copper property on behalf of a governmental entity or a nonprofit or for profit
business, the check may be payable to such business or entity and may also be
transmitted to such business or
entity."
SECTION
2A.
Said
article is further amended by revising Code Section 10-1-355, relating to
purchases of regulated metal property exempted from application of article, as
follows:
"10-1-355.
(a)
This article shall not apply to purchases of regulated metal property
from:
(1)
Organizations, corporations, or associations registered with the state as
charitable, philanthropic, religious, fraternal, civic, patriotic, social, or
school-sponsored organizations or associations or from any nonprofit
corporations or associations;
(2)
A law enforcement officer acting in an official capacity;
(3)
A trustee in bankruptcy, executor, administrator, or receiver who has presented
proof of such status to the secondary metals recycler;
(4)
Any public official acting under judicial process or authority who has presented
proof of such status to the secondary metals recycler;
(5)
A sale on the execution, or by virtue, of any process issued by a court if proof
thereof has been presented to the secondary metals recycler; or
(6)
A manufacturing, industrial, or other commercial vendor that generates or sells
regulated metal property in the ordinary course of its business.
(b)
This article shall not apply to purchases of computers or computer
equipment."
SECTION
3.
Said
article is further amended by revising Code Section 10-1-356, relating to
prohibited acts, as follows:
"10-1-356.
(a)
It shall be unlawful for:
(1)
A secondary metals recycler to engage in the purchase or sale of regulated metal
property between the hours of 9:00 P.M. and 6:00 A.M.; and
(2)
Any person to give a false statement of ownership or to give a false or altered
identification or vehicle tag number and receive money or other consideration
from a secondary metals recycler in return for regulated metal
property.
(b)
Any person who violates paragraph (1) of subsection (a) of this Code section
shall be guilty of a misdemeanor.
(c)
Any person who violates paragraph (2) of subsection (a) of this Code section
shall be guilty of a felony and, upon conviction thereof, shall be punished by a
fine of not more than $1,000.00 or by imprisonment for not less than one nor
more than five years, or
both."
SECTION
4.
Said
article is further amended by revising Code Section 10-1-357, relating to
penalties for violations of the article, as follows:
"10-1-357.
(a)
Any person selling regulated metal property to a secondary metals recycler in
violation of any provision of this article shall be guilty of a misdemeanor
unless the value of the regulated metals property, in its original and undamaged
condition, in addition to any costs which are, or would be, incurred in
repairing or in the attempt to recover any property damaged in the theft or
removal of such regulated metal property, is in an aggregate amount which
exceeds $500.00, in which case such person shall be guilty of a felony and, upon
conviction, shall be punished by a fine of not more than $5,000.00 or by
imprisonment for not less than one nor more than five years, or
both.
(b)
Any secondary metals recycler knowingly and intentionally engaging in any
practice which constitutes a violation of this article shall be guilty of a
misdemeanor unless the value of the regulated metals property, in its original
and undamaged condition, in addition to any costs which are, or would be,
incurred in repairing or in the attempt to recover any property damaged in the
theft or removal of such regulated metal property, is in an aggregate amount
which exceeds $500.00, such secondary metals recycler shall be guilty of a
felony and, upon conviction, shall be punished by a fine of not more than
$5,000.00 or by imprisonment for not less than one nor more than five years, or
both.
(c)
Municipal courts are granted jurisdiction to try and dispose of cases in which a
person is charged with any misdemeanor violation of this
article."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.