Bill Text: GA HB872 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-07-01 - Effective Date [HB872 Detail]
Download: Georgia-2011-HB872-Comm_Sub.html
Bill Title: Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-07-01 - Effective Date [HB872 Detail]
Download: Georgia-2011-HB872-Comm_Sub.html
12 LC
36 2203S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO HB 872
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating
to selling and other trade practices, so as to provide for the comprehensive
revision of provisions regarding secondary metals recyclers; to provide for
definitions, procedures, conditions, limitations, and prohibitions relating to
the buying and selling of regulated metal property; to provide that secondary
metals recyclers shall only purchase coil and certain copper wire from certain
persons; to provide that secondary metals recyclers shall only purchase burial
objects from certain persons; to change certain provisions relating to records
secondary metals recyclers are to required to maintain and provide to law
enforcement; to change certain provisions relating to inspections by law
enforcement officers; to change certain provisions relating to payment by
secondary metals recyclers for regulated metal property; to provide for powers,
duties, and authority of sheriffs and other law enforcement officers; to provide
for registration and fees; to provide for certain data bases to be created and
maintained and certain forms and rules and regulation to be promulgated
therefor; to provide for criminal offenses and penalties; to provide for
forfeiture of certain property and procedure therefor; to provide for local
regulation of the sale and purchase of regulated metal property; to amend
Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia
Annotated, relating to theft, so as to make certain changes for purposes of
conformity; to amend Code Section 40-3-36 of the Official Code of Georgia
Annotated, relating to cancellation of certificate of title for scrap,
dismantled, or demolished vehicles, salvage certificate of title, administrative
enforcement, and removal of license plates, so as to revise certain provisions
relating to the use of a form to transfer title to a motor vehicle to be sold or
disposed of as scrap metal or parts; to provide for verification that a vehicle
is not subject to any secured interest or lien; to provide for additional
changes to said Code section, relating to the use of a form to transfer title to
a motor vehicle to be sold or disposed of as scrap metal or parts and
verification that a vehicle is not subject to any secured interest or lien,
subject to a contingency; to provide for definitions; to amend Code Section
40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of
security interests and liens, so as to change certain provisions relating to the
release of security interests and liens; to provide for related matters; to
provide effective dates and contingencies; to provide for applicability; to
amend an Act approved May 11, 2011 (Ga. L. 2011, p. 355), relating to drivers'
licenses, so as to revise effective dates and a funding contigency; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
Chapter
1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and
other trade practices, is amended by revising Article 14, relating to secondary
metals recyclers, to read as follows:
"ARTICLE
14
10-1-350.
As
used in this article, the term:
(1)
'Aluminum property' means aluminum forms designed to shape
concrete.
(2)
'Burial object' means any product manufactured for or used for identifying or
permanently decorating a grave site, including, without limitation, monuments,
markers, benches, and vases and any base or foundation on which they rest or are
mounted.
(3)
'Coil' means any copper, aluminum, or aluminum-copper condensing coil or
evaporation coil including its tubing or rods. The term shall not include coil
from a window air-conditioning system, if contained within the system itself, or
coil from an automobile condenser.
(4)
'Copper property' means any copper wire, copper tubing, copper pipe, or any item
composed completely of copper.
(5)
'Deliverer' means any individual who takes or transports the regulated metal
property to the secondary metals recycler.
(1)(6)
'Ferrous metals' means any metals containing significant quantities of iron or
steel.
(2)(7)
'Law enforcement officer' means any duly constituted peace officer of the State
of Georgia or of any county, municipality, or political subdivision
thereof.
(3)(8)
'Nonferrous metals' means stainless steel beer kegs and metals not containing
significant quantities of iron or steel, including, without limitation, copper,
brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof.
(4)(9)
'Person' means an individual, partnership, corporation, joint venture, trust,
association,
and
or
any other legal entity.
(5)(10)
'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, or
an
appropriate
a
current work authorization issued by the
U.S.
Citizenship and Immigration Services of the Department of Homeland
Security
federal
government, which shall contain the
individual's name, address, and photograph.
(6)(11)
'Purchase transaction' means a transaction in which
a
the
secondary metals recycler gives consideration in exchange for regulated metal
property.
(7)(12)
'Regulated metal property' means any item composed primarily of any
ferrous metals
or nonferrous
metals,
and includes
aluminum property, copper property, and catalytic
converters but shall not include
batteries,
aluminum beverage containers, used beverage containers, or similar beverage
containers.
(8)(13)
'Secondary metals recycler' means any person who is engaged, from a fixed
location or otherwise, in the business
in this
state of paying compensation for
ferrous or
nonferrous metals
regulated
metal property that
have
has
served
their
its
original economic purpose, whether or not engaged in the business of performing
the manufacturing process by which
ferrous
metals or nonferrous metals are
regulated
metal property is converted into raw
material products consisting of prepared grades and having an existing or
potential economic value.
(14)
'Seller' means the rightful owner of the regulated metal property or the
individual authorized by the rightful owner of the regulated metal property to
conduct the purchase transaction.
10-1-351.
(a)
No secondary metals recycler shall purchase any coil unless it is purchased
from:
(1)
A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of
his or her valid license at the time of sale that is scanned or photocopied by
the secondary metals recycler or whose scanned or photocopied license is on file
with the secondary metals recycler;
(2)
A seller with verifiable documentation, such as a receipt or work order,
indicating that the coils are the result of a replacement of condenser coils or
a heating or air-conditioning system performed by a contractor licensed pursuant
to Chapter 14 of Title 43; or
(3)
A secondary metals recycler who provides the documentation required in
paragraphs (1) and (2) of this subsection received from a contractor or
seller.
(b)
No secondary metals recycler shall purchase any copper wire which appears to
have been exposed to heat, charred, or burned in an attempt to remove insulation
surrounding it unless it is purchased from:
(1)
A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of
his or her valid license at the time of sale that is scanned or photocopied by
the secondary metals recycler or whose scanned or photocopied license is on file
with the secondary metals recycler;
(2)
A seller with a copy of a police report showing that such seller's real property
was involved in a fire; or
(3)
A secondary metals recycler who provides the documentation required in
paragraphs (1) and (2) of this subsection received from a contractor or
seller.
10-1-352.
No
secondary metals recycler shall purchase a burial object unless it is purchased
from:
(1)
A funeral director licensed under the provisions of Chapter 18 of Title 43 or by
another state who provides a copy of his or her valid license at the time of
sale that is scanned or photocopied by the secondary metals recycler or whose
scanned or photocopied license is on file with the secondary metals
recycler;
(2)
A cemetery owner registered pursuant to Code Section 10-14-4 or with another
state who provides a copy of his or her valid registration at the time of sale
that is scanned or photocopied by the secondary metals recycler or whose scanned
or photocopied registration is on file with the secondary metals
recycler;
(3)
A manufacturer or distributor of burial objects who provides a copy of his or
her valid business license at the time of sale that is scanned or photocopied by
the secondary metals recycler and a letter from the owner or operator of the
manufacturing or distributing business expressly recognizing the seller as an
employee or authorized agent of the manufacturer or distributor or whose scanned
or photocopied business license and letter are on file with the secondary metals
recycler;
(4)
A seller with verifiable documentation, such as a receipt from or contract with
a licensed funeral director, registered cemetery owner, or manufacturer or
distributor of burial objects, evidencing that such person is the rightful owner
of the burial object; or
(5)
A secondary metals recycler who provides the documentation required in
paragraphs (1) through (4) of this Code section received from a funeral
director, cemetery owner, manufacturer or distributor of burial objects, or a
seller.
10-1-351.
10-1-353.
(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)
A digital photograph or photographs or a digital video image or images of the
regulated metal property which shows the regulated metal property in a
reasonably clear manner;
(4)(5)
The amount of consideration given in a purchase transaction for the regulated
metal property
and a copy of
the check or voucher or documentation evidencing the electronic funds transfer
given as consideration for such purchase
transaction;
(5)(6)
A signed and sworn affidavit from the
person
receiving consideration in the purchase
transaction
seller
stating that
he or
she
such
person is the rightful owner of the
regulated metal property or
is
entitled
has been
authorized to sell the regulated metal
property being sold;
(7)
A signed and sworn affidavit from the seller stating that he or she understands
that: 'A secondary metals recycler is any person who is engaged, from a fixed
location or otherwise, in the business in this state of paying compensation for
regulated metal property that has served its original economic purpose, whether
or not engaged in the business of performing the manufacturing process by which
regulated metal property is converted into raw material products consisting of
prepared grades and having an existing or potential economic value. No ferrous
metals, nonferrous metals, aluminum property, copper property, or catalytic
converters (batteries, aluminum beverage containers, used beverage containers,
or similar beverage containers are exempt) may be purchased by a secondary
metals recycler unless such secondary metals recycler is a holder of a valid
permit issued pursuant to Article 14 of Chapter 1 of Title 10 of the Official
Code of Georgia Annotated';
(6)(8)
A
photocopy
scanned or
photocopied copy of a valid personal
identification card of the
person
delivering the regulated metal property to the secondary metals
recycler
seller and the
deliverer, if such person is different from the
seller;
(9)
A photograph, videotape, or digital recording depicting a recognizable facial
image of the seller and the deliverer, if such person is different from the
seller, employing technology allowing the image to be retained in electronic
storage and in a transferable format;
(7)(10)
The distinctive number from, and type of, the personal identification card of
the person
delivering the regulated metal property to the secondary metals
recycler
seller and the
deliverer, if such person is different from the
seller;
and
(8)(11)
The vehicle license tag number
or vehicle
identification 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
(12)
A scanned or photocopied copy of the verifiable documentation, reports,
licenses, and registrations, required pursuant to Code Sections 10-1-351 and
10-1-352.
(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)
When the metal being purchased is a motor vehicle, the
person
offering to sell the motor vehicle to a secondary metals
recycler
seller
shall either provide the title to such motor vehicle or fully execute a
cancellation
of certificate of title for scrap vehicles
statement on
a 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.
(d)
It shall be unlawful to make a false statement in executing the affidavit
required by either paragraph (6) or (7) of subsection (a) of this Code section,
and the making of a false statement shall be punishable as an act of false
swearing under Code Section 16-10-71.
10-1-352.
10-1-354.
During
the usual and customary business hours of a secondary metals recycler, a law
enforcement officer shall, after properly identifying himself
or
herself as a law enforcement officer, have
the right to inspect:
(1)
Any and all
purchased
regulated metal property in the possession of the secondary metals recycler;
and
(2)
Any and all records required to be maintained under Code Section
10-1-351
10-1-353.
10-1-352.1.
10-1-355.
(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.
(a)
A secondary metals recycler shall pay only by check, electronic funds transfer,
or voucher for regulated metal property.
(b)
Any check, electronic funds transfer, or voucher shall be payable only to the
person recorded as the seller of the regulated metal property to the secondary
metals recycler.
(c)
Any voucher shall be provided to the seller at the time of the purchase
transaction or mailed to the seller at the address indicated on the personal
identification card of the seller presented at the time of such transaction. If
the voucher is provided to the seller at the time of the purchase transaction
and not mailed to the seller, the secondary metals recycler shall not redeem the
voucher for three days from the date of the purchase transaction. The voucher
shall include the date of purchase, name of the seller, the amount paid for the
regulated metal property, a detailed description of the regulated metal property
purchased, information as to whether the voucher was mailed or provided at the
time of the purchase transaction, the first date on which the voucher may be
redeemed, and the date on which the voucher expires. The voucher may only be
redeemed for cash by the person whose name appears on the voucher as the seller
or by such person's heirs or legal representative. If a voucher is not redeemed
by the person whose name appears on the voucher as the seller or by such
person's heirs or legal representative within six months of the date of the
transaction, the voucher shall expire and the secondary metals recycler shall
not be required to honor the voucher after the expiration date.
(d)
A secondary metals recycler shall be prohibited from: (1) redeeming or cashing
any check or electronic funds transfer paid to a seller for regulated metal
property; and (2) providing or permitting any mechanism on the premises of the
secondary metals recycler for the redemption or cashing of any check or
electronic funds transfer.
(c)(e)
The provisions of this Code section shall not apply to any transaction between
business entities.
10-1-353.
10-1-356.
(a)
Whenever a law enforcement officer has reasonable cause to believe that any item
of regulated metal property in the possession of a secondary metals recycler has
been stolen, the law enforcement officer may issue a hold notice to the
secondary metals recycler. The hold notice shall be in writing, shall be
delivered to the secondary metals recycler, shall specifically identify those
items of regulated metal property that are believed to have been stolen and that
are subject to the notice, and shall inform the secondary metals recycler of the
information contained in this Code section. Upon receipt of the notice issued in
accordance with this Code section, the secondary metals recycler receiving the
notice shall not process or remove the items of regulated metal property
identified in the notice, or any portion thereof, from the
premises of
or place of business of the secondary
metals recycler for 15 calendar days after receipt of the notice by the
secondary metals recycler, unless sooner released by a law enforcement
officer.
(b)
No later than the expiration of the 15 day period, a law enforcement officer may
issue a second hold notice to the secondary metals recycler, which shall be an
extended hold notice. The extended hold notice shall be in writing, shall be
delivered to the secondary metals recycler, shall specifically identify those
items of regulated metal property that are believed to have been stolen and that
are subject to the extended hold notice, and shall inform the secondary metals
recycler of the information contained in this Code section. Upon receipt of the
extended hold notice issued in accordance with this Code section, the secondary
metals recycler receiving the extended hold notice shall not process or remove
the items of regulated metal property identified in the notice, or any portion
thereof, from the
premises of
or place of business of the secondary
metals recycler for 30 calendar days after receipt of the extended hold notice
by the secondary metals recycler, unless sooner released by a law enforcement
officer.
(c)
At the expiration of the hold period or, if extended in accordance with this
Code section, at the expiration of the extended hold period, the hold is
automatically released and the secondary metals recycler may dispose of the
regulated metal property unless other disposition has been ordered by a court of
competent jurisdiction.
10-1-354.
10-1-357.
(a)
If the secondary metals recycler contests the identification or ownership of the
regulated metal property, the party other than the secondary metals recycler
claiming ownership of any regulated metal property in the possession of a
secondary metals recycler may, provided that a timely report of the theft of the
regulated metal property was made to the proper authorities, bring an action in
the superior or state court of the county in which the secondary metals recycler
is located. The petition for such action shall include a description of the
means of identification of the regulated metal property utilized by the
petitioner to determine ownership of the regulated metal property in the
possession of the secondary metals recycler.
(b)
When a lawful owner recovers stolen regulated metal property from a secondary
metals recycler who has complied with the provisions of this article, and the
person who
sold the regulated metal property to the secondary metals
recycler
seller or
deliverer is convicted of theft by taking,
theft by conversion, a violation of this article, theft by receiving stolen
property, or criminal damage to property in the first degree, the court shall
order the defendant to make full restitution, including, without limitation,
attorneys' fees, court costs, and other expenses to the secondary metals
recycler or lawful owner, as appropriate.
(c)
When a lawful owner recovers stolen regulated metal property from a secondary
metals recycler who has knowingly and intentionally not complied with the
provisions of this article, and the secondary metals recycler is convicted of
theft by taking, theft by conversion, theft by receiving stolen property, or a
violation of this article, the court shall order the defendant to make full
restitution, including, without limitation, attorneys' fees, court costs, and
other expenses to the lawful owner.
10-1-355.
10-1-358.
This
article shall not apply to purchases of regulated metal property
from:
(1)
Organizations, corporations, or associations registered with the state as
charitable, philanthropic, religious, fraternal, civic, patriotic, social, or
school-sponsored organizations or associations or from any nonprofit
corporations or associations;
(2)
A law enforcement officer acting in an official capacity;
(3)
A trustee in bankruptcy, executor, administrator, or receiver who has presented
proof of such status to the secondary metals recycler;
(4)
Any public official acting under judicial process or authority who has presented
proof of such status to the secondary metals recycler;
(5)
A sale on the execution, or by virtue, of any process issued by a court if proof
thereof has been presented to the secondary metals recycler; or
(6)
A manufacturing, industrial, or other commercial vendor that generates or sells
regulated metal property in the ordinary course of its
business,
provided that such vendor is not a secondary metals
recycler.
10-1-356.
10-1-359.
It
shall be unlawful for:
(1)
A secondary metals recycler to engage in the purchase or sale of regulated metal
property between the hours of
9:00
7:00
P.M. and
6:00
7:00
A.M.; and
(2)
Any person
to give a
false statement of ownership or to give a
false or altered
identification
or vehicle tag number and receive money or other consideration from a secondary
metals recycler in return for regulated metal
property
personal
identification card, vehicle license tag number, or vehicle identification
number to a secondary metals recycler as part of a purchase
transaction.
10-1-360.
(a)
It shall be unlawful for any secondary metals recycler to purchase regulated
metal property in any amount without being registered pursuant to this Code
section. If the secondary metals recycler is a person other than an individual,
such person shall register with the sheriff of each county in which the
secondary metals recycler maintains a place of business. If the secondary
metals recycler is an individual, he or she shall register with the sheriff of
the county in which he or she resides or if such individual is a nonresident of
this state, he or she shall register with the sheriff of the county in Georgia
where he or she primarily engages or intends to primarily engage in business as
a secondary metals recycler. The secondary metals recycler shall declare on a
form promulgated by the Secretary of State and provided by the sheriff that such
secondary metals recycler is informed of and will comply with the provisions of
this article. The forms and information required for such registration shall be
promulgated by the Secretary of State. The sheriff shall register the secondary
metals recycler and shall keep a record of each registration. Each registration
shall be valid for a 12 month period.
(b)
The record of each registration shall be entered into an electronic data base
accessible statewide. Such data base shall be established through coordination
with the Secretary of State and shall be searchable by all law enforcement
agencies in this state.
(c)
The sheriff shall be authorized to:
(1)
Assess and require payment of a reasonable registration fee prior to registering
the secondary metals recycler, not to exceed $200.00;
(2)
Delegate to personnel in the sheriff's office the registration of secondary
metals recyclers and entering into the data base of the records of such
registrations; and
(3)
Enter into contracts with the governing authority of a county, municipality, or
consolidated government for such governing authority to provide for the
registration of secondary metals recyclers and the entering into the data base
of the records of such registrations by other law enforcement agencies or by
staff of the governing authority. Any such contract shall provide for
reimbursement to such governing authority for the registrations or entry of the
records of such registrations into the data base.
(d)
Any secondary metals recycler convicted of violating this Code section shall be
guilty of a misdemeanor of a high and aggravated nature.
10-1-357.
10-1-361.
(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 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 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.
(a)
Except as provided for in subsection (d) of Code Section 10-1-360, any person
who buys or sells regulated metal property in violation of any provision of this
article:
(1)
For a first offense, shall be guilty of a misdemeanor;
(2)
For a second offense, shall be guilty of a misdemeanor of a high and aggravated
nature; and
(3)
For a third or subsequent offense, shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one nor
more than ten years.
(b)
Any person who buys or sells regulated metal property in violation of any
provision of this article shall be liable in a civil action to any person who
was the victim of a crime involving such regulated metal property for the full
value of the regulated metal property, any repairs and related expenses incurred
as a result of such crime, litigation expenses, and reasonable attorneys'
fees.
10-1-362.
(a)
As used in this Code section, the term:
(1)
'Crime' means:
(A)
Theft by taking in violation of Code Section 16-8-2, theft by conversion in
violation of Code Section 16-8-4, or theft by receiving stolen property in
violation of Code Section 16-8-7 if the subject of the theft was regulated metal
property;
(B)
Criminal damage to property in the first degree in violation of paragraph (2) of
subsection (a) of Code Section 16-7-22; or
(C)
A criminal violation of this article.
(2)
'Proceeds' shall have the same meaning as set forth in Code Section
16-13-49.
(3)
'Property' shall have the same meaning as set forth in Code Section
16-13-49.
(b)
The following are declared to be contraband, and no person shall have a property
right in them:
(1)
Any property which is, directly or indirectly, used or intended for use in any
manner to facilitate a crime and any proceeds derived or realized therefrom;
and
(2)
Any weapon possessed, used, or available for use in any manner to facilitate a
crime.
(c)
Any property subject to forfeiture pursuant to subsection (b) of this Code
section shall be forfeited in accordance with the procedures set forth in Code
Section 16-13-49.
10-1-358.
10-1-363.
(a)
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
except as
allowed in this Code section.
(b)
Political subdivisions of this state may enact rules, regulations, codes,
ordinances, and other laws:
(1)
Affecting the land use and zoning relating to secondary metals recyclers;
and
(2)
Issuing occupational tax certificates to secondary metals recyclers, imposing
occupational taxes, imposing regulatory fees as allowed in Code Section 48-13-9,
or revoking their occupational tax
certificates."
SECTION
1-2.
Article
1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to theft, 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
term
is 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
1-3.
Code
Section 40-3-36 of the Official Code of Georgia Annotated, relating to
cancellation of certificate of title for scrap, dismantled, or demolished
vehicles, salvage certificate of title, administrative enforcement, and removal
of license plates, is amended by revising paragraphs (2) and (3) of subsection
(a) as follows:
"(2)
Notwithstanding any other provision of this article to the contrary, if the
owner or authorized agent of the owner has not obtained a title in his or her
name for the vehicle to be transferred, or has lost the title for the vehicle to
be transferred, he or she may sign a statement swearing that, in addition to the
foregoing conditions, the vehicle is worth $850.00 or less and is at least 12
model years old. The statement described in this paragraph may be used only to
transfer such a vehicle to a licensed used motor vehicle parts dealer under Code
Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The
department shall promulgate a form for the statement which shall include, but
not be limited to:
(A)
A statement that the vehicle shall never be titled again; it must be dismantled
or scrapped;
(B)
A description of the vehicle including the year, make, model, vehicle
identification number, and color;
(C)
The name, address, and driver's license number of the owner;
(D)
A certification that the owner:
(i)
Never obtained a title to the vehicle in his or her name; or
(ii)
Was issued a title for the vehicle, but the title was lost or
stolen;
(E)
A certification that the vehicle:
(i)
Is worth $850.00 or less;
(ii)
Is at least 12 model years old; and
(iii)
Is not subject to any secured interest or lien;
(F)
An acknowledgment that the owner realizes this form will be filed with the
department and that it is a felony, punishable by imprisonment for not fewer
than one nor more than three years or a fine of not less than $1,000.00 nor more
than $5,000.00, or both, to knowingly falsify any information on this
statement;
(G)
The owner's signature and the date of the transaction;
(H)
The name, address, and National Motor Vehicle Title Information System
identification number of the business acquiring the vehicle;
(I)
A certification by the business that $850.00 or less was paid to acquire the
vehicle;
and
(J)
A certification that the business has verified by an on-line method determined
by the commissioner that the vehicle is not currently subject to any secured
interest or lien; provided, however, that such certification shall not be
required until such an on-line method has been established and is available;
and
(J)(K)
The business agent's signature and date along with a printed name and title if
the agent is signing on behalf of a corporation.
(3)(A)
The secondary
metals recycler, used motor vehicle parts
dealer,
or scrap metal processor shall mail or otherwise deliver the statement required
under paragraph (2) of this subsection to the department within 72 hours of the
completion of the transaction, requesting that the department cancel the Georgia
certificate of title and registration.
(B)
Notwithstanding the requirement to mail or otherwise deliver the statement
required under paragraph (2) of this subsection to the department, the
department shall provide a mechanism for the receipt of the information required
to be obtained in the statement by electronic means, at no cost to the
secondary
metals recycler, used motor vehicle parts
dealer,
or scrap metal processor, in lieu of the physical delivery of the statement, in
which case the
secondary
metals recycler, used motor vehicle parts
dealer,
or scrap metal processor shall maintain the original statement for a period of
not less than two years.
(C)
Within 48 hours of each day's close of business, the
secondary
metals recycler, used motor vehicle parts
dealer,
or scrap metal processor who purchases or receives motor vehicles for scrap or
for parts shall deliver in a format approved by the department, either by
facsimile or by other electronic means to be made available by the department by
January 1, 2012, a list of all such vehicles purchased that day for scrap or for
parts. That list shall contain the following information:
(i)
The name, address, and contact information for the reporting
entity;
(ii)
The vehicle identification numbers of such vehicles;
(iii)
The dates such vehicles were obtained;
(iv)
The names of the individuals or entities from whom the vehicles were obtained,
for use by law enforcement personnel and appropriate governmental agencies
only;
(v)
A statement of whether the vehicles were, or will be, crushed or disposed of, or
offered for sale or other purposes;
(vi)
A statement of whether the vehicle is intended for export out of the United
States; and
(vii)
The National Motor Vehicle Title Information System identification number of the
business acquiring the vehicle.
There
shall be no charge to
either
a secondary
metals recycler, used motor vehicle parts
dealer,
or scrap metal processor associated with providing this information to the
department.
(D)
For purposes of this subsection, the term 'motor vehicle' shall not include a
vehicle which has been crushed or flattened by mechanical means such that it is
no longer the motor vehicle as described by the certificate of title, or such
that the vehicle identification number is no longer visible or accessible, in
which case the purchasing or receiving
secondary
metals recycler, used motor vehicle parts
dealer,
or scrap metal processor shall verify that the seller has reported the vehicles
in accordance with this subsection. Such verification may be in the form of a
certification from the seller or contract between the seller and the purchasing
or receiving
secondary
metals recycler, used motor vehicle parts
dealer,
or scrap metal processor which clearly identifies the seller by a government
issued photograph identification card, or employer identification number, and
shall be maintained for a period of not less than two years.
(E)
The information obtained by the department in accordance with this subsection
shall be reported to the National Motor Vehicle Title Information System, in a
format which will satisfy the requirement for reporting this information, in
accordance with rules adopted by the United States Department of Justice in 28
C.F.R. 25.56.
(F)
The information obtained by the department in accordance with this subsection
shall be made available only to law enforcement agencies, and for purposes of
canceling certificates of title, and shall otherwise be considered to be
confidential business information of the respective reporting
entities.
(G)
All records required under the provisions of this Code section shall be
maintained for a period of two years by the reporting entity and shall include a
scanned or photocopied copy of the seller's or seller's representative's
driver's license or state issued identification card."
SECTION
1-4.
Said
Code section is further amended by adding a new subsection to read as
follows:
"(j)
As used in this Code section, the terms:
(1)
'Scrap metal processor' shall have the same meaning as set forth in Code
Section 43-43-1.
(2)
'Secondary metals recycler' shall have the same meaning as set forth in Code
Section 10-1-350.
(3)
'Used motor vehicle parts dealer' shall have the same meaning as set forth in
Code Section 43-47-2."
SECTION
1-5.
Code
Section 40-3-56 of the Official Code of Georgia Annotated, relating to
satisfaction of security interests and liens, is amended by revising paragraph
(1) of subsection (a) and revising subsection (c) as follows:
"(a)(1)
If any security interest or lien listed on a certificate of title is satisfied,
the holder thereof shall, within ten days
after
demand, execute a release in the form the
commissioner prescribes and mail or deliver the release to the
commissioner
and the owner, provided that as an
alternative to a handwritten signature, the commissioner may authorize use of a
digital signature as long as appropriate security measures are implemented which
assure security and verification of the digital signature process, in accordance
with regulations promulgated by the commissioner. For the purposes of the
release of a security interest or lien the 'holder' of the lien or security
interest is the parent bank or other lending institution and any branch or
office of the parent institution may execute such release."
"(c)
Except for liens and security interests listed on certificates of title for
mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross
vehicle weight, which shall be satisfied only in conformity with subsections (a)
and (b) of this Code section, any lien or security interest
for a vehicle
which is 11 model years old or less shall
be considered satisfied and release shall not be required after ten years from
the date of issuance of a title on which such lien or security interest is
listed. For a
vehicle which is 12 model years old and greater, any lien or security interest
shall be considered satisfied and a release shall not be required after four
years from the date of issuance of a title on which such lien or security
interest is listed. None of the provisions
of this Code section shall preclude the perfection of a new lien or security
agreement, or the perfection of an extension of a lien or security agreement
beyond a period of ten years
for a vehicle
which is 11 model years old or less or beyond a period of more than four years
for a vehicle which is 12 model years old or
greater, by application for a new
certificate of title on which such lien or security agreement is listed. In
order to provide for the continuous perfection of a lien or security interest
originally entered into for a period of more than ten years for a vehicle
which is 11
model years old or less or more than four years for a vehicle which is 12 model
years old and greater, other than a mobile
home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle
weight, an application for a second title on which the lien or security interest
is listed must be submitted to the commissioner or the commissioner's duly
authorized tag agent before ten years from the date of the original title on
which such lien or security interest is listed. Otherwise the lien or security
interest shall be perfected as of the date of receipt of the application by the
commissioner or the commissioner's duly authorized county tag
agent."
PART
II
SECTION 2-1.
SECTION 2-1.
Chapter
1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and
other trade practices, is amended by adding a new Code section to read as
follows:
"10-1-360.1.
(a)
Each secondary metals recycler shall provide all of the information required by
subsection (a) of Code Section 10-1-353 for each transaction, except for the
amount of consideration given in a purchase transaction for the regulated metal
property specified in paragraph (5) of subsection (a) of such Code section, to
the Georgia Bureau of Investigation.
(b)
The Georgia Bureau of Investigation shall establish and maintain a data base of
all information required to be provided pursuant to subsection (a) of this Code
section. Such data base shall be accessible and searchable by all law
enforcement agencies in this state. The Georgia Bureau of Investigation shall
promulgate rules and regulations and establish procedures necessary to carry
into effect, implement, and enforce the provisions of this Code section. Such
rules and regulations shall include, but shall not be limited to, the time,
manner, and method of the transmittal of the information by the secondary metals
recyclers to the Georgia Bureau of
Investigation."
PART
IV
SECTION 4-1.
SECTION 4-1.
(a)
Except as provided in subsection (b) of this section, this Act shall become
effective on July 1, 2012, and shall apply to all offenses committed on or after
such date.
(b)
Part II of this Act shall become effective only upon the effective date of a
specific appropriation of funds for the purposes of this Act as expressed in a
line item making specific reference to such funds in a General Appropriations
Act enacted by the General Assembly.
SECTION
4-2.
(1)
An Act approved May 11, 2011 (Ga. L. 2011, p. 355) is amended by revising
Section 21 as follows:
"SECTION
21.
(a)
Sections 1 through 22 of this Act shall become effective on January 1,
2012.
(b) Section .2 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section .2 of this Act as expressed in a line item making specific reference to the full funding of Section .2 of this Act in an appropriations Act enacted by the General Assembly.
(c)(1) Paragraph (2) of subsection (a) of Code Section 40-3-36, as amended in Section .1 of this Act, shall become effective on January 1, 2012.
(2) All other provisions of Section .1 shall become effective on July 1, 2012."
(b) Section .2 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section .2 of this Act as expressed in a line item making specific reference to the full funding of Section .2 of this Act in an appropriations Act enacted by the General Assembly.
(c)(1) Paragraph (2) of subsection (a) of Code Section 40-3-36, as amended in Section .1 of this Act, shall become effective on January 1, 2012.
(2) All other provisions of Section .1 shall become effective on July 1, 2012."
SECTION
4-3.
All
laws and parts of laws in conflict with this Act are repealed.