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2018 Georgia Code 10-1-351 | Car Wreck Lawyer

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 14 SECONDARY METALS RECYCLERS

10-1-351. Verifiable documentation required.

  1. No secondary metals recycler shall purchase any coil unless it is purchased from:
    1. A contractor licensed pursuant to Chapter 14 of Title 43 or by another state that provides a copy of such valid license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler;
    2. A seller with verifiable documentation, such as a receipt or work order, indicating that such coil is 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; or
    3. A secondary metals recycler who provides proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such coil was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5.
  2. 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 or by another state that provides a copy of such valid license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler;
    2. A seller with a copy of a police report showing that such seller's real property was involved in a fire; or
    3. A secondary metals recycler who provides proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such copper wire was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5.
  3. No secondary metals recycler shall purchase a catalytic converter unless such catalytic converter is:
    1. Attached to a vehicle; or
    2. Purchased from:
      1. A used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant to Chapter 47 of Title 43 or by another state that provides a copy of such valid license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler;
      2. A new motor vehicle dealer that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler;
      3. A motor vehicle repairer that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler;
      4. A manufacturer or distributor of catalytic converters that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied business license is on file with the secondary metals recycler;
      5. A seller with:
        1. Verifiable documentation, such as a receipt or work order, indicating that the catalytic converter is the result of a replacement of a catalytic converter performed by a used motor vehicle dealer, new motor vehicle dealer, or motor vehicle repairer. Such documentation shall include a notation as to the make, model, and year of the vehicle in which such catalytic converter was replaced; and
        2. A copy of a certificate of title or registration showing ownership of or interest in the vehicle in which the catalytic converter was replaced; or
      6. A secondary metals recycler who provides proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such catalytic converter was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5.

(Code 1981, §10-1-351, enacted by Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2015, p. 588, § 2/HB 461.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted "or by another state that provides a copy of such valid license at the time of the purchase transaction" for "who provides a copy of his or her valid license at the time of sale" in paragraph (a)(1), substituted "such coil is" for "the coils are" in paragraph (a)(2), and rewrote paragraph (a)(3); in subsection (b), substituted "or by another state that provides a copy of such valid license at the time of the purchase transaction" for "who provides a copy of his or her valid license at the time of sale" in paragraph (b)(1) and rewrote paragraph (b)(3); and added subsection (c).

Editor's notes.

- Ga. L. 2012, p. 112, § 1/HB 872, effective July 1, 2012, redesignated former Code Section 10-1-351 as present Code Section 10-1-353.

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

Law reviews.

- For article on the 2012 enactment 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. § 10-1-351 are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.

Cases Citing Georgia Code 10-1-351 From Courtlistener.com

Total Results: 1

SMITH v. State

Court: Supreme Court of Georgia | Date Filed: 2024-05-29

Snippet: violations of numerous statutes, including OCGA § 10- 1-351 (regulating the purchase of coils, copper wire