sb203_Floor_amend_1_AM_36_0045_6.html
07 AM 36 0045
ADOPTED

Senator Harp of the 29th offered the following amendment:

Amend the Senate Regulated Industries and Utilities Committee substitute to SB 203 (LC 36 0633S) by striking line 28 on page 2 and inserting in lieu thereof the following:
SECTION 3.
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 transaction or transactions in violation of this article are 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, provided that if a secondary metals recycler knowingly and intentionally engages in a pattern of practices which constitute violations of this article and the transactions included in this pattern are 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."

SECTION 4.

By striking lines 25 through 33 on page 6.