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 HB
872/CSFA
House
Bill 872 (COMMITTEE SUBSTITUTE) (AM)
By:
Representatives Shaw of the
176th,
Smith of the
131st,
Brockway of the
101st,
Ramsey of the
72nd,
Watson of the
163rd,
and others
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 provide for the
comprehensive revision of provisions regarding secondary metals recyclers; to
provide for definitions, procedures, conditions, and limitations relating to the
buying of secondary 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 a state-wide data base; to provide for criminal offenses
and penalties; to provide for forfeiture of certain property and procedure
therefor; 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, subject to a contingency; to provide for
related matters; to provide an effective date; 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.
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 10-1-350,
relating to definitions, as follows:
"10-1-350.
As
used in this article, the term:
(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.
(1)(3)
'Ferrous metals' means any metals containing significant quantities of iron or
steel.
(2)(4)
'Law enforcement officer' means any duly constituted peace officer of the State
of Georgia or of any county, municipality, or political subdivision
thereof.
(3)(5)
'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)(6)
'Person' means an individual, partnership, corporation, joint venture, trust,
association, and any other legal entity.
(5)(7)
'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)(8)
'Purchase transaction' means a transaction in which a secondary metals recycler
gives consideration in exchange for regulated metal property.
(7)(9)
'Regulated metal property' means any
catalytic
converter or any item composed primarily
of any ferrous
metals, nonferrous metals,
aluminum
property, or copper property but shall not
include aluminum beverage containers, used beverage containers, or similar
beverage containers.
(8)(10)
'Secondary metals recycler' means any person who is
regularly
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."
SECTION
1-2.
Said
article is further amended by adding a new Code section to read as
follows:
"10-1-350.1.
(a)
As used in this Code section, the term 'coil' means any copper, aluminum, or
aluminum-copper condensing coil or evaporation coil. The term shall not include
coil from a window air-conditioning system, if contained within the system
itself, or coil from an automobile condenser.
(b)
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; or
(2)
A person 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.
(c)
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; or
(2)
A person with a certified copy of a police report showing that such person's
real property was involved in a
fire."
SECTION
1-3.
Said
article is further amended by revising Code Section 10-1-351, relating to record
of transactions, as follows:
"(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;
(5)(6)
A signed statement from the person
receiving
consideration in the purchase transaction
selling the
regulated metal property 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;
(7)
A signed statement from the person selling the regulated metal property stating
that he or she understands that: 'A secondary metals recycler is any person who
is engaged in the business in this state of paying compensation for ferrous or
nonferrous metals that have served their original economic purpose, whether or
not engaged in the business of performing the manufacturing process by which
ferrous metals or nonferrous metals are 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 (aluminum beverage containers, used beverage
containers, or similar beverage containers are exempt), may be sold to a
secondary metals recycler unless such secondary metals recycler has registered
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
selling
the regulated metal property to the secondary metals recycler;
(7)(9)
A scanned or photocopied copy of a valid
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)(10)
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.
(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.
In addition,
all of the information required by subsection (a) of this Code section, except
for the amount of consideration given in a purchase transaction for the
regulated metal property specified in paragraph (5) of subsection (a) of this
Code section, shall be provided to the sheriff of the county from which the
secondary metals recycler has registered under Code Section 10-1-359. The
sheriff shall place or cause to be placed such information in a state-wide
electronic data base that shall be accessible and searchable by all law
enforcement officers in this state.
(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
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."
SECTION
1-4.
Said
article is further amended by revising Code Section 10-1-352, relating to
inspections by enforcement officers, as follows:
"10-1-352.
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."
SECTION
1-5.
Said
article is further amended by revising Code Section 10-1-352.1, relating to
payment by recyclers for copper property, catalytic converters, or aluminum
property, as follows:
"10-1-352.1.
(a)
A secondary
metals recycler shall pay only by check or electronic funds transfer for
regulated metal property. Any such check or electronic funds transfer shall be
payable only to the person who was recorded as the seller of the regulated metal
property to the secondary metals recycler. A secondary metals recycler, or any
affiliate thereof, shall be prohibited from the redemption or cashing of such
check and shall be guilty of a misdemeanor and subject to a fine of not less
than $1,000.00.
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)(b)
The provisions of this Code section shall not apply to any transaction between
business entities."
SECTION
1-6.
Said
article is further amended by revising Code Section 10-1-355, relating to
purchases of regulated metal property exempted from application of Article 7, as
follows:
"10-1-355.
(a)
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.
(b)
This article shall not apply to the purchase of any
battery."
SECTION
1-7.
Said
article is further amended by revising Code Section 10-1-357, relating to
penalties for violations, to read as follows:
"10-1-357.
(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
metal
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
metal
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 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.
(c)
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 and any repairs and related expense
necessitated by the crime, plus court costs and reasonable attorney's
fees.
(d)
The penalties of this Code section apply to this article, except as provided for
in Code Sections 10-1-352.1 and
10-1-359."
SECTION
1-8.
Said
article is further amended by adding a new Code section to read as
follows:
"10-1-357.1.
(a)
As used in this subsection, 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 meanings 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 subsection
Code section shall be forfeited in accordance with the procedures set forth Code
Section 16-13-49."
SECTION
1-9.
Said
article is further amended by revising Code Section 10-1-358, relating to the
superseding nature of Article
7,
as follows:
"10-1-358.
(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 metal 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,
revoking their occupational tax
certificates."
SECTION
1-10.
Said
article is further amended by adding a new Code section to read as
follows:
"10-1-359.
(a)
It shall be unlawful for any secondary metals recycler to purchase regulated
metal property in any amount without such proper registration to purchase
regulated metal property pursuant to this Code section.
(b)
Each secondary metals recycler shall register with the sheriff of each county in
which such secondary metals recycler's business is located in order to purchase
regulated metal property. The sheriff shall register the secondary metals
recycler if the secondary metals recycler has a business located in the
sheriff's county and declares on a form provided by the sheriff that he or she
is informed of and will comply with the provisions of this article. The forms
and information for such registration shall be promulgated by the Secretary of
State. The sheriff shall keep a record of each registration pursuant to this
subsection containing, at a minimum, the date of such registration and the name
and address of the registrant. Such records 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 officers in this state. The sheriff shall be authorized to assess a
reasonable registration fee not to exceed $200.00 annually upon each
registration for the purpose of establishing and maintaining the data base.
Each registration shall be valid for a calendar year and shall be renewed no
later than January 1 of each year.
(c)
Any person convicted of violating this Code section shall be guilty of a
misdemeanor of a high and aggravated nature. Each violation shall constitute a
separate offense."
SECTION
1-11.
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
secondary
metals recycler under Code Section 10-1-351,
a licensed used motor vehicle parts dealer
under Code Section
43-47-7,
or a
licensed 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)
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."
SECTION
1-12.
Said
Code section is further amended by adding a new subsection to read as
follows:
"(j)
The provisions of this Code section shall apply to a trailer or semitrailer
except that, if the owner or authorized agent of the owner has not obtained a
title in his or her name for the trailer or semitrailer 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 $1,700.00 or less and is at least 12 model years
old."
SECTION
1-13.
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 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.
Code
Section 40-3-36 of the Official Code of Georgia Annotated, as amended by Section
21(b) of Ga. L. 2011, p. 355, 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
(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."
PART
III
SECTION 3-1.
SECTION 3-1.
(a)
Except as provided in subsection (b) of this section, this Act shall become
effective 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 when funds are specifically appropriated for purposes of such part in a General Appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.
(b) Part II of this Act shall become effective only when funds are specifically appropriated for purposes of such part in a General Appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure.
SECTION
3-2.
All
laws and parts of laws in conflict with this Act are repealed.