sb82_As_introduced_LC_37_0832_2.html
09 LC 37 0832
Senate Bill 82
By: Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th

A BILL TO BE ENTITLED
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 transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; 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 detailed description of the type of regulated metal property purchased 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 specific 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 that he or she is the rightful owner of the regulated metal property or is entitled has the lawful right to sell and dispose of the regulated metal property being sold;
(6) The name and address of the person delivering the regulated metal property to the secondary metals recycler along with a fingerprint and 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 or a valid fingerprint of the person delivering the regulated metal property on file, the secondary metals recycler shall examine the photo identification and fingerprint, but may reference such photo identification and fingerprint 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 or refuses to provide a fingerprint, 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) 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 and the physical address where the metal was obtained by such person.
(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.
(d) A secondary metals recycler shall not purchase or receive regulated metal property from minors; provided, however, that such purchase or receipt shall not apply to aluminum beverage or food cans.
(e) A secondary metals recycler shall not purchase or receive a city owned or county owned sewer or water manhole cover."

SECTION 2.
Said article is further amended by adding a new Code section to read as follows:
"10-1-352.1.
No secondary metals recycler shall pay cash for any regulated metal property that is primarily copper. Payment shall be issued by check only and shall be issued no less than ten days nor more than 30 days after purchase of such item, except that a check shall be withheld during any hold period or extended hold period made effective pursuant to Code Section 10-1-353. Any such check shall be payable only to the person named in paragraph (6) of subsection (a) of Code Section 10-1-351. Such check shall be transmitted only by mail or picked up by such person, at his or her option."

SECTION 3.
Said article is further amended by adding a new Code section to read as follows:
"10-1-358.
A county, municipal corporation, or consolidated government may license secondary metals recyclers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general supervision as will ensure fair dealing between secondary metals recyclers and their customers."

SECTION 4.
Said article is further amended by revising and renumbering Code Section 10-1-358, relating to the superseding nature of the article, to read as follows:
"10-1-358. 10-1-359.
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. Laws adopted by any county, municipality, consolidated government, or other local governing authority regarding the sale or purchase of regulated metal property shall be construed as cumulative to this article."

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