Georgia § 10-1-359 - 5. Required information from secondary metals recyclers; role of Georgia Bureau of Investigation.

§ 10-1-359. 5. Required information from secondary metals recyclers; role of Georgia Bureau of Investigation.

Each secondary metals recycler shall provide to the Georgia Bureau of Investigation or its designee for each purchase transaction which takes place on or after July 1, 2015, all of the information required by subsection (a) of Code Section 10-1-353, except for the amount of consideration given in a purchase transaction for the regulated metal property specified in paragraph (5) of subsection (a) of such Code section. A secondary metals recycler who maintains on file with the Georgia Bureau of Investigation or its designee a copy of the statement forms such secondary metals recycler requires each seller to sign pursuant to paragraphs (6) and (7) of subsection (a) of Code Section 10-1-353 may satisfy the requirements of such paragraphs by providing to the Georgia Bureau of Investigation or its designee a copy of the individual seller's signature and shall not be required to provide the actual statement signed by each seller, provided the actual statements are maintained by the secondary metals recycler pursuant to subsection (b) of Code Section 10-1-353 and available for inspection pursuant to Code Section 10-1-354. The information required to be provided by the secondary metals recyclers to the Georgia Bureau of Investigation or its designee pursuant to this subsection shall be provided electronically. The Georgia Bureau of Investigation or its designee shall establish and maintain a data base of all information required to be provided pursuant to subsection (a) of this Code section. Such information shall be considered to be a trade secret and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50; provided, however, that such exemption shall not relieve the secondary metals recycler of the obligation or requirement to provide such information to the Georgia Bureau of Investigation or its designee. The data base shall be accessible and searchable by: All law enforcement agencies in this state; and Employees of electric suppliers, as defined in Code Section 46-3-3, and employees of telecommunications companies, as defined in Code Section 46-5-162, provided that such employees have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act." It shall be unlawful to use the data base established pursuant to subsection (b) of this Code section for any purpose other than the investigation of an alleged crime. Any person who violates or conspires to violate paragraph (1) of this subsection shall be guilty of a felony and, upon conviction, shall receive the following punishment: Upon a first conviction, imprisonment for not less than one nor more than five years or a fine of not more than $5,000.00, or both; or Upon a second or subsequent conviction, imprisonment for not less than five nor more than ten years or a fine of not more than $40,000.00, or both. The Georgia Bureau of Investigation shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this Code section and ensure compliance with applicable federal and state laws. Such rules and regulations shall include, but shall not be limited to: The time, manner, and method of the transmittal of the information by the secondary metals recyclers to the Georgia Bureau of Investigation; The manner and method by which employees of electric suppliers and telecommunications companies may access and search the data base and any prerequisites thereto; and The specific information the employees of the electric suppliers and telecommunications companies may access and search within the data base. (Code 1981, § 10-1-359.5 , enacted by Ga. L. 2012, p. 112, § 2-1/HB 872; Ga. L. 2015, p. 588, § 6/HB 461.) The 2015 amendment, effective July 1, 2015, rewrote this Code section. Code Commission notes. - Pursuant to Code Section 28-9-5, in 2012, Code Section 10-1-360.1, as enacted by Ga. L. 2012, p. 112, § 2-1/HB 872, was redesignated as Code Section 10-1-359.5. Editor's notes. - Ga. L. 2012, p. 112, § 4-1(b)/HB 872, not codified by the General Assembly, provided that this Code section shall become effective upon specific appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to such funds in a General Appropriations Act enacted by the General Assembly. Funds were appropriated at the 2014 session of the General Assembly. Law reviews. - For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).