Bill Text: GA SB321 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
12 LC
36 2082S
The
Senate Regulated Industries and Utilities Committee offered the following
substitute to SB 321:
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, and limitations relating to the buying and
selling of regulated metal property; to provide for powers, duties, and
authority of sheriffs and other law enforcement officers; to provide for permits
and fees; to provide for a state-wide data base; to provide for criminal
offenses and penalties; 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 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, subject to a contingency; to
provide for related matters; to provide an effective date and applicability; 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)
'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.
(4)
'Fixed site' means any site in this state occupied by a secondary metals
recycler as an owner or a lessee of such site or in the case of a natural
person, where such person resides, is primarily located, or primarily engages in
business as a secondary metals recycler.
(2)(5)
'Law enforcement officer' means any duly constituted peace officer of the State
of Georgia or of any county, municipality, or political subdivision
thereof.
(3)(6)
'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)(7)
'Person' means an individual, partnership, corporation, joint venture, trust,
association, and any other
legal
business
entity.
(5)(8)
'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)(9)
'Purchase transaction' means a transaction in which a secondary metals recycler
gives consideration in exchange for regulated metal property.
(7)(10)
'Regulated metal property' means any item composed primarily of any
ferrous
metals, nonferrous metals,
aluminum
property, copper property, or catalytic
converter but shall not include aluminum
beverage containers, used beverage containers, or similar beverage
containers.
(8)(11)
'Secondary metals recycler' means any person who is engaged, from a fixed
location
site
or otherwise, 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.
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 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.
(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.
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)
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 clear,
undistorted 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 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, from a fixed site or otherwise, 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 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;
(9)
A classifiable, electronically recorded thumbprint of the person delivering the
regulated metal property to the secondary metals recycler;
(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;
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;
(12)
A scanned or photocopied copy of the verifiable documentation, reports, and
licenses required pursuant to Code Section 10-1-350.1; and
(13)
A scanned or photocopied copy of the permit issued by the sheriff pursuant to
Code Section 10-1-358, if the regulated metal property is purchased from a
secondary metals recycler.
(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 scanned or photocopied copy of the permit specified in paragraph (13) of
subsection (a) of this Code section, shall be provided to the sheriff of the
county from which the secondary metals recycler has received the permit under
Code Section 10-1-358. The sheriff shall place or cause to be placed such
information in the data base established under Code Section
10-1-358.
(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.
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.
10-1-352.1.
10-1-353.
(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
A secondary
metals recycler shall pay only by check or electronic funds transfer for
regulated metal property. Such check or electronic funds transfer shall not be
made by the secondary metals recycler to the seller of regulated metal property
for a period of 14 days immediately following the
sale.
(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
Any such check
or electronic funds transfer shall be payable only to the person who was
recorded as the seller of the regulated property to the secondary metals
recycler and must be mailed to or electronically transferred using the address
indicated on the personal identification card of the seller presented at the
time of such sale; provided, however, that if the seller is an employee or
authorized representative or agent of a business entity as evidenced by a copy
of a valid business license and a letter from the owner or operator of the
business expressly recognizing the seller as an employee or authorized agent or
representative, the check or electronic transfer may be made payable to the
business entity and mailed to or electronically transferred using the address of
such business entity.
(c)
The provisions of this Code section shall not apply to any transaction between
business entities.
10-1-353.
10-1-354.
(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 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 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.
10-1-355.
(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 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.
10-1-356.
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.
10-1-356.
10-1-357.
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.
10-1-358.
(a)
It shall be unlawful to sell regulated metal property in any amount to a
secondary metals recycler unless the secondary metals recycler has a valid
permit to purchase regulated metal property issued pursuant to this Code section
and it shall be unlawful for any secondary metals recycler to purchase regulated
metal property in any amount without a valid permit to purchase regulated metal
property pursuant to this Code section.
(b)
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 regulated metal property. 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. Such records shall be entered into an electronic
data base accessible statewide. Such data base shall be established through
coordination with the Georgia Bureau of Investigation and shall be searchable by
all law enforcement officers in this state. The sheriff shall be authorized to
assess a reasonable permit fee on the issuance of each permit for the purpose of
establishing and maintaining the data base, not to exceed $200.00. Each permit
shall be valid for 12 months.
(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.
10-1-357.
10-1-359.
(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 (c) of Code Section 10-1-358, 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 imprisoned 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 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.
10-1-358.
10-1-359.1.
The
General Assembly finds that
although
this article is a matter of state-wide
concern, local
regulation may nonetheless be appropriate in order to enhance further the
ability of law enforcement personnel to perform their
duties.
This
article supersedes and preempts all
Consequently,
this article shall be supplementary to local regulation and shall
not
supersede or
preempt any 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."
SECTION
1-2.
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
$500.00
or less and is at least
12
20
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
$500.00
or less;
(ii)
Is at least
12
20
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
$500.00
or less was paid to acquire the vehicle; and
(J)
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."
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
$500.00
or less and is at least
12
20
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
$500.00
or less;
(ii)
Is at least
12
20
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
$500.00
or less was paid to acquire the vehicle; and
(J)
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 upon Section 21(b) of Ga. L.
2011, p. 355 becoming effective.
SECTION
3-2.
All
laws and parts of laws in conflict with this Act are repealed.
