Bill Text: GA HB274 | 2009-2010 | Regular Session | Introduced
Bill Title: Secondary metals recyclers; records of transactions; change certain provisions
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2009-02-04 - House Second Readers [HB274 Detail]
Download: Georgia-2009-HB274-Introduced.html
09 LC
25 5398
House
Bill 274
By:
Representatives Taylor of the
55th,
Ashe of the
56th,
Oliver of the
83rd,
Long of the
61st,
and Benfield of the
85th
A
BILL TO BE ENTITLED
AN ACT
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 certain
provisions relating to records of transactions relative to secondary metals
recyclers; to regulate payments to persons selling copper items to secondary
metals recyclers; 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 records of transactions relative to secondary metals recyclers, 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
and, in
addition, a complete set of fingerprints of such
person;
(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, if such regulated metal property is a traffic
control sign or device, street or road name sign, manhole cover, guardrail, or
bleacher seat, a bill of sale or other written authorization for possession of
such property from the entity from which such person 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."
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 for such type of property shall be issued by check
only. Any such check shall be payable and transmitted only by mail to the
person named and address listed pursuant to paragraph (6) of subsection (a) of
Code Section 10-1-351; provided, however, that any check shall be withheld
during any hold period or extended hold period made effective pursuant to Code
Section 10-1-353."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.