09 LC
29 3884S
The House Committee on Judiciary Non-civil offers the following substitute
to SB 82:
A
BILL TO BE ENTITLED
AN ACT
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 provide for the
regulation of theft of regulated metal property; to change a definition; to
change provisions relating to transaction records; to regulate payments to
persons selling certain property to secondary metals recyclers; to revise
provisions relating to theft of regulated metal property; 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 paragraph (5) of Code
Section 10-1-350, relating to definitions, as follows:
"(5)
'Personal identification card' means a
current and
unexpired 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,
which shall contain the individual's name, address, and
photograph."
SECTION
2.
Said
article is further amended by revising paragraph (6) of subsection (a) of Code
Section 10-1-351, relating to record of transactions, and adding a new
subsection (c) to read as follows:
"(6)
The name
and address
A photocopy of
a valid personal identification card of
the person delivering the regulated metal property to the secondary metals
recycler;"
"(c)
When the metal being purchased is a motor vehicle, the person offering to sell
the motor vehicle to a secondary metals recycler shall either provide the title
to such motor vehicle or fully execute a cancellation of certificate of title
for scrap vehicles form as promulgated by the Department of Revenue, Motor
Vehicle Division, designated as MV-1SP, in accordance with Code Section 40-3-36.
The secondary metals recycler shall forward the title or MV-1SP form to the
Department of Revenue within 72 hours of receipt of the title or
form."
SECTION
3.
Said
article is further amended by adding a new Code section to read as
follows:
"10-1-352.1.
(a)
As used in this Code section, the terms:
(1)
'Aluminum property' means aluminum forms designed to shape
concrete.
(2)
'Copper property' means any copper wire, copper tubing, copper pipe, or any item
composed completely of copper.
(b)
A secondary metals recycler may pay by check or by cash for any copper property,
catalytic converter, or aluminum property as follows:
(1)
Cash payments shall occur no earlier than 24 hours after the copper property,
catalytic converter, or aluminum property is provided to the secondary metals
recycler; and
(2)
Checks shall be payable only to the person named who was recorded as delivering
the copper property, catalytic converter, or aluminum property to the secondary
metals recycler; provided, however, that if such person is delivering the copper
property, catalytic converter, or aluminum 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.
(c)
The provisions of this Code section shall not apply to any transaction between
business entities."
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
reasonable 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.