Bill Text: GA SB296 | 2011-2012 | Regular Session | Introduced

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Bill Title: Secondary Metal Recyclers; unlawful for person to maliciously deface any personal/real property; purpose of obtaining nonferrous metals

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-12 - Senate Read and Referred [SB296 Detail]

Download: Georgia-2011-SB296-Introduced.html

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12 LC 21 1483

Senate Bill 296

By: Senator McKoon of the 29th

A BILL TO BE ENTITLED
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 define a certain term; to provide that secondary metal recyclers shall not pay cash for certain items; to provide that is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals; to provide for penalties; to provide that secondary metals recyclers shall obtain a permit; to provide that persons desiring to sell nonferrous metals shall obtain a permit; to provide for offenses; to provide for penalties; to provide an exception; to provide an effective date; 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 10-1-350, relating to definitions, as follows:

"10-1-350.

As used in this article, the term:

(1) 'Ferrous metals' means any metals containing significant quantities of iron or steel.

(2) 'Fixed site' means any site occupied by a secondary metals recycler as the owner of the site or as a lessee of the site under a lease or other rental agreement providing for occupation of the site by a secondary metals recycler for a total duration of not less than 364 days.

(2)(3) 'Law enforcement officer' means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof.

(3)(4) '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)(5) 'Person' means an individual, partnership, corporation, joint venture, trust, association, and any other legal entity.

(5)(6) '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 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.

(6)(7) 'Purchase transaction' means a transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property.

(7)(8) 'Regulated metal property' means any item composed primarily of any nonferrous metals, but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers.

(8)(9) 'Secondary metals recycler' means any person who is engaged, from a fixed location or otherwise, in the business 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."

SECTION 2.

Said article is further amended by deleting the word "and" at the end of paragraph (7) of subsection (a) of Code Section 10-1-351, relating to record of transactions; by deleting the period at the end of paragraph (8) of said subsection and inserting "; and"; and by adding a new paragraph at the end of said subsection to read as follows:

"(9) A photocopy of the permit issued by the sheriff pursuant to Code Section 10-1-359."

SECTION 3.

Said article is further amended by revising subsection (b) of Code Section 10-1-352.1, relating to payment by recyclers for copper property, catalytic converters, or aluminum property, as follows:

"(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 not be made for 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."

SECTION 4.

Said article is further amended by adding a new Code section to read as follows:

"10-1-359.

(a)(1) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals in any amount.

(2) A person who violates a provision of this subsection is 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 metals property, is in an aggregate amount which exceeds $3,000.00, 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.

(3) A person who violates the provisions of this subsection resulting in bodily injury to another person that creates a substantial risk of death, or causes permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ, is guilty of a felony and, upon conviction, shall be imprisoned not more than 15 years.

(4) A person who violates the provisions of this subsection resulting in the death of another person is guilty of a felony and, upon conviction, shall be imprisoned not more than 30 years.

(5) A person who violates the provisions of this subsection resulting in disruption of communication or electrical service to critical infrastructure for more than ten customers of the communication or electrical service is guilty of a misdemeanor and, upon conviction, shall be fined in the discretion of the court or imprisoned not more than three years, or both.

(b)(1) Each secondary metals recycler shall obtain from the sheriff of each county in which such secondary metals recycler's fixed sites are located a permit to purchase nonferrous metals. The sheriff shall issue the permit to the secondary metals recycler if the secondary metals recycler has a fixed site 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 sheriff shall keep a record of all permits issued pursuant to this subsection containing, at a minimum, the date of issuance and the name and address of the permit holder. Each permit shall be valid for 24 months.

(2) It is unlawful to sell nonferrous metals in any amount to a secondary metals recycler unless the secondary metals recycler has a valid permit to purchase nonferrous metals issued pursuant to this subsection and the seller has a valid permit to transport and sell nonferrous metals issued pursuant to subsection (c) of this Code section.

(c)(1) Any person or entity desiring to transport or sell nonferrous metals to a secondary metals recycler shall obtain a permit to transport and sell nonferrous metals from the sheriff of the county in which the person resides or the entity is located. If the person is not a resident or the entity is not located in Georgia, the person or entity shall obtain a permit to transport and sell nonferrous metals from the sheriff of the county in which the secondary metals recycler purchasing the nonferrous metals is located. The sheriff shall issue the permit only if the person or entity declares on a form provided by the sheriff that the person or entity is informed of and will comply with the provisions of this article. The sheriff shall keep a record of all permits issued pursuant to this subsection containing, at a minimum, the date of issuance, the name and address of the permit holder, a photocopy of the permit holder's identification, the license plate number of the permit holder's motor vehicle, and the permit holder's photograph. The permit is valid for 12 months.

(2) It is unlawful to purchase nonferrous metals in any amount for the purpose of recycling the nonferrous metals unless the purchaser is a secondary metals recycler who has a valid permit to purchase nonferrous metals issued pursuant to subsection (b) of this Code section and the seller has a valid permit to transport and sell nonferrous metals issued pursuant to this subsection.

(d) Except as otherwise provided in this Code section, any person who knowingly violates a provision of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon a first conviction, shall be subject to incarceration for a period not to exceed one year and a fine not to exceed $10,000.00. Each violation shall constitute a separate offense. In addition, any person who buys or sells nonferrous metals in violation of any provision of this article shall be liable to any person who was the victim of a crime involving such nonferrous metals for the full value of the metals and any repairs and related expense necessitated by the crime, plus a reasonable attorney's fee.

(e) The provisions of this Code section shall not apply to the purchase or sale of aluminum cans."

SECTION 5.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.