Bill Text: GA SB321 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Secondary Metal Recyclers; comprehensive revision of provisions

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2012-03-19 - House Committee Favorably Reported [SB321 Detail]

Download: Georgia-2011-SB321-Comm_Sub.html

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12 LC 29 5267S

The House Committee on Judiciary Non-civil offers the following substitute to SB 321:

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 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 metals 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 for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I
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 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."

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 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 1-10.

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 one 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.

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.

(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 Section .1 of Ga. L. 2011, p. 355 becoming effective as provided by Section 21(b) of that Act.

SECTION 3-2.

All laws and parts of laws in conflict with this Act are repealed.