ATLANTA (March 2, 2012) –The Georgia Senate passed SB 321 on Wednesday by a vote of 44 to 5. Sponsored by Sen. Renee Unterman (R-Buford), this legislation would place additional requirements on metal recyclers and sellers –particularly the recycling of copper – to curb metal theft in Georgia.
“With the rising incidence of metal theft in Georgia, the passage of Senate Bill 321 today provides an extra measure of security for families and businesses that have been victims of metal theft,” said Sen. Unterman. “In recent years, thieves have resorted to stealing from local churches, family homes, and even cemeteries – just to make a few dollars at a scrap yard.”
The passage of SB 321 marks the third time in five years the Georgia legislature has addressed the ongoing issue of metal theft. In 2007, SB 203 was enacted to criminalize actions regarding stolen regulated metals – making it a felony instead of a misdemeanor if an individual is found guilty of the following: theft by taking, theft by conversion, or criminal damage to property.
In 2009, additional measures were put in place to further strengthen metal theft laws by adding new restrictions on the timing of payment for purchases of copper items and aluminum forms for shaping concrete. Specifically, certain requirements were added on recyclers regarding transaction records and delay requirements for cash payments.
According to the National Conference of State Legislatures, 18 states have passed bills pertaining to metal theft in the last two years. The legislation has addressed everything from dealer licensing to enhancing identification requirements for scrap metal sellers.
Georgia law currently mandates scrap metal recyclers to abide by the following requirements: requires scrap metal recyclers to maintain certain recordkeeping standards; allows cash payments to be made by a recycler to a seller of regulated metal after 24 hours; restricts a recycler from purchasing or selling metals during night-time hours; prohibits any person from giving a false statement of ownership, identification, or tag number.
According to this legislation, new standards will be enforced in order to sell secondary metals, excluding batteries, including:
- A clear digital photograph or video image of the metal and the seller.
- A scanned or photocopied ID and sheriff-issued permit.
- Complete a signed statement by the seller stating that he or she is rightful owner of the property or is entitled to sell it.
All recycled metals must be submitted to the local sheriff for entry into the newly created recyclers’ database. All law enforcement will have access to this database. In addition, cash payments for regulated metals will be prohibited. Payment will be offered in the form of a check, payable to the seller and mailed to the address listed on the seller’s identification card.
Furthermore, recyclers would be mandated to receive a permit to operate from the sheriff in their county of residence to operate fixed site recycling centers – any location where metal recycling occurs, regardless of ownership or lease.
In addition, all persons selling motor vehicles for scrap must either provide a title of the vehicle or sign a statement affirming valid ownership of the vehicle. All transaction records of scrap vehicles must be maintained and provided to the State of Georgia within two days of the transaction.
If this bill becomes law, it will be effective on July 1, 2012, and would not supersede local government jurisdiction.
RELEASE
March 2, 2012
For Information Contact:
Natalie Dale, Director
Shawna Mercer,Sr. Communications Specialist
shawna.mercer@senate.ga.gov
404.656.0028