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2018 Georgia Code 10-1-359.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-359.1 Case Law from Google Scholar Amendments to OCGA 10-1-359.1

TITLE 10 COMMERCE AND TRADE

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

ARTICLE 14 SECONDARY METALS RECYCLERS

10-1-359.1. Registration of secondary metals recycler; electronic data base; authority of sheriff; penalty for violation.

  1. It shall be unlawful for any secondary metals recycler to purchase regulated metal property in any amount without being registered pursuant to this Code section. If the secondary metals recycler is a person other than an individual, such person shall register with the sheriff of each county in which the secondary metals recycler maintains a place of business. If the secondary metals recycler is an individual, he or she shall register with the sheriff of the county in which he or she resides or if such individual is a nonresident of this state, he or she shall register with the sheriff of the county in Georgia where he or she primarily engages or intends to primarily engage in business as a secondary metals recycler. The secondary metals recycler shall declare on a form promulgated by the Secretary of State and provided by the sheriff that such secondary metals recycler is informed of and will comply with the provisions of this article. The forms and information required for such registration shall be promulgated by the Secretary of State. The sheriff shall register the secondary metals recycler and shall keep a record of each registration. Each registration shall be valid for a 12 month period.
  2. The record of each registration 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 agencies in this state.
  3. The sheriff shall be authorized to:
    1. Assess and require payment of a reasonable registration fee prior to registering the secondary metals recycler, not to exceed $200.00;
    2. Delegate to personnel in the sheriff's office the registration of secondary metals recyclers and entering into the data base of the records of such registrations; and
    3. Enter into contracts with the governing authority of a county, municipality, or consolidated government for such governing authority to provide for the registration of secondary metals recyclers and the entering into the data base of the records of such registrations by other law enforcement agencies or by staff of the governing authority. Any such contract shall provide for reimbursement to such governing authority for the registrations or entry of the records of such registrations into the data base.
  4. Any secondary metals recycler convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

(Code 1981, §10-1-359.1, enacted by Ga. L. 2012, p. 112, § 1-1/HB 872.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2012, Code Section 10-1-360, as enacted by Ga. L. 2012, p. 112, § 1-1/HB 872, was redesignated as Code Section 10-1-359.1.

Editor's notes.

- 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. § 4-8-27 are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.

Cases Citing O.C.G.A. § 10-1-359.1

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SMITH v. State, 319 Ga. 352 (Ga. 2024).

Cited 2 times | Published | Supreme Court of Georgia | May 29, 2024

...including OCGA § 10- 5 1-351 (regulating the purchase of coils, copper wire, and catalytic converters), OCGA § 10-1-353 (requiring secondary metals recyclers to maintain records of purchase transactions), OCGA § 10-1-359.1 (requiring registration of secondary metals recyclers), OCGA § 10-1- 359.5 (requiring secondary metals recyclers to provide purchase- transaction information to the GBI), OCGA § 40-3-36 (regulating the disposal of vehicles), OCGA...

SMITH v. State (Ga. 2024).

Published | Supreme Court of Georgia | May 29, 2024

... State alleged violations of numerous statutes, including OCGA § 10- 1-351 (regulating the purchase of coils, copper wire, and catalytic converters), OCGA § 10-1-353 (requiring secondary metals recyclers to maintain records of purchase transactions), OCGA § 10-1-359.1 (requiring registration of secondary metals recyclers), OCGA § 10-1- 359.5 (requiring secondary metals recyclers to provide purchase- transaction information to the GBI), OCGA § 40-3-36 (regulating the disposal of vehicles), OCGA...