hb177_LC_37_0822_a_2.html
09 LC 37 0822
House Bill 177
By: Representatives Williams of the 178th, Ramsey of the 72nd, Smith of the 168th, Meadows of the 5th, England of the 108th, and others

A BILL TO BE ENTITLED
AN ACT


To amend Article 14 of Chapter 1 of Title 10 and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to secondary metals recyclers and penalties for certain theft crimes, respectively, so as to change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to change provisions relating to the superseding nature of the article; 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 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 in a purchase transaction. 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;
(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 that he or she is the rightful owner of the regulated metal property or is entitled to sell the regulated metal property being sold;
(6) The name and address A copy of a valid driver's license or other state or federal government issued identification card containing the name, address, and photograph of the person delivering the regulated metal property to the secondary metals recycler;
(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) A detailed written description from the person receiving consideration in the purchase transaction describing the source from which he or she obtained the regulated metal property.
(b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction.
(c) On and after July 1, 2009, secondary metals recyclers shall transmit a copy of the information required by subsection (a) of this Code section for each purchase transaction which occurred, within five days of such transaction, to the sheriff's department for the jurisdiction in which the secondary metals recycler is located."

SECTION 2.
Said article is further amended by adding a new Code section to read as follows:
"10-1-352.1.
A secondary metals recycler may pay cash for any regulated metal property only if the amount of the consideration of such item or items is $50.00 or less. Payment for any regulated metal property exceeding the value of $50.00 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 indentification as required in paragraph (6) of subsection (a) of Code Section 10-1-351."

SECTION 3.
Said article is further amended by revising Code Section 10-1-358, relating to the superseding nature of the article, to read as follows:
"10-1-358.
The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property. Any county, municipality, consolidated government, or other local governing authority may adopt ordinances or resolutions not in conflict with this article regarding the sale or purchase of regulated metal property and such ordinances or resolutions shall be cumulative to this article."

SECTION 4.
Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, is amended by revising paragraph (9) of subsection (a) as follows:
"(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both."

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.