Record of Transaction; False Statements; Penalty for Making False Statement

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Secondary Metals Recyclers
  6. Record of Transaction; False Statements; Penalty for Making False Statement

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  1. Except as provided in subsection (c), a secondary metals recycler shall maintain a legible record of all purchase transactions. 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;
    5. The amount of consideration given in a purchase transaction for the regulated metal property and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such purchase transaction;
    6. A signed statement from the seller stating that such person is the rightful owner of the regulated metal property or has been authorized to sell the regulated metal property being sold;
    7. A signed statement from the seller stating that he or she understands that: "A secondary metals recycler is any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is 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 purchased by a secondary metals recycler unless such secondary metals recycler is registered pursuant to Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated";
    8. A scanned or photocopied copy of a valid personal identification card of the seller and of the deliverer, if such person is different from the seller;
    9. The type of and distinctive number from the personal identification card of the seller and of the deliverer, if such person is different from the seller;
    10. The name and date of birth of the seller and of the deliverer, if such person is different from the seller;
    11. A photograph, videotape, or digital recording depicting a recognizable facial image of the seller and of the deliverer, if such person is different from the seller, employing technology allowing the image to be retained in electronic storage and in a transferable format;
    12. The vehicle license tag number or vehicle identification number, state of issue, and the make, model, and color of the vehicle used to deliver the regulated metal property to the secondary metals recycler; and
    13. A scanned or photocopied copy of the verifiable documentation, reports, licenses, certificates, and registrations required pursuant to Code Sections 10-1-351 and 10-1-352.
  2. 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.
  3. When the regulated metal property being purchased is a vehicle, the secondary metals recycler shall:
    1. If Code Section 40-3-36 is applicable, purchase such vehicle in compliance with such Code section and shall not be required to maintain a record of the purchase transaction as provided in subsection (a) of this Code section or to provide such record to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5; or
    2. If Code Section 40-3-36 is not applicable, maintain a record of such purchase transaction as provided in subsection (a) of this Code section and provide such record to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5.
  4. It shall be a violation of this article to sign the statement required by either paragraph (6) or (7) of subsection (a) of this Code section knowing it to be false, and such violation shall subject the seller to the civil and criminal liability provided in Code Section 10-1-359.2.

(Code 1981, §10-1-351, enacted by Ga. L. 1992, p. 2452, § 1; Ga. L. 2009, p. 731, § 2/SB 82; Code 1981, §10-1-353, as redesignated by Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2015, p. 588, § 4/HB 461.)

The 2015 amendment, effective July 1, 2015, in the introductory paragraph of subsection (a), substituted "Except as provided in subsection (c), a" for "A" at the beginning; substituted "signed statement" for "signed and sworn affidavit" in paragraphs (a)(6) and (a)(7); in paragraph (a)(7), deleted "batteries" preceding "aluminum beverage containers" and substituted "registered" for "a holder of a valid permit issued;" inserted "of" following "and" in paragraph (a)(8) and present paragraph (a)(11); added paragraphs (a)(9) and (a)(10); deleted former paragraph (a)(10), which read: "The distinctive number from, and type of, the personal identification card of the seller and the deliverer, if such person is different from the seller;"; redesignated former paragraphs (a)(9), (a)(11), and (a)(12) as paragraphs (a)(11) through (a)(13), respectively; in paragraph (a)(12), substituted "make, model, and color of the vehicle" for "type of vehicle, if available," and deleted the last sentence, which read: "For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck;"; inserted "certificates," in paragraph (a)(13); rewrote subsection (c); and rewrote subsection (d).

Editor's notes.

- Ga. L. 2012, p. 112, § 1/HB 872, effective July 1, 2012, redesignated former Code Section 10-1-353 as present Code Section 10-1-356.

Ga. L. 2012, p. 112, § 4-1(a)/HB 872, not codified by the General Assembly, provides that the amendment of this Code section shall apply to all offenses committed on or after July 1, 2012.

Law reviews.

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Misdemeanor offenses arising under O.C.G.A. § 10-1-353 are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.


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