09 AM 36
0141
WITHDRAWN
Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment:
Senators Harp of the 29th, Rogers of the 21st, Stoner of the 6th and Staton of the 18th offered the following amendment:
Amend
the Senate Regulated Industries and Utilities Committee substitute to SB 82 (LC
36 1387ERS) by replacing lines 1 through 82 with the
following: To amend Titles 10 and 16 of
the Official Code of Georgia Annotated, relating to commerce and trade and
crimes and offenses, respectively, so as to provide for regulated metal
property; to provide transaction records requirements; to require certain
statements under oath; to provide definitions; to regulate payments for
regulated metal property; to provide for criminal penalties; to provide for an
effective date and applicability; 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 paragraph (5) of Code
Section 10-1-350, relating to definitions, as follows:
"(5)
'Personal identification card' means a
valid
driver's license or identification card issued by the Department of Driver
Services or a similar card issued by another state, a military identification
card, a passport, or an appropriate work authorization issued by the U.S.
Citizenship and Immigration Services of the Department of Homeland
Security."
SECTION
2.
Said
article is further 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
certifying
under oath that he or she is the rightful
owner of the regulated metal property or is entitled to sell the regulated metal
property being
sold. Such
oath shall be as follows: 'I am the rightful owner of or am entitled to sell
the regulated metal property being
sold.';
(6)
The name
and address
A copy of a
valid personal identification card of the
person delivering the regulated metal property to the secondary metals recycler
and the
address and photograph of such person if not included on the personal
identification card;
(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.
(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)
Any person who knowingly and willfully makes a false statement in the statement
required by paragraph (5) of subsection (a) of this Code section shall be
subject to the provisions of Code Section
16-10-71."
SECTION
3.
By
replacing lines 96 through 132 with the following:
SECTION
4.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by revising paragraph (9) of subsection (a) of Code Section 16-8-12,
relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, 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."