Georgia Commons

Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 1. SELLING AND OTHER TRADE PRACTICES · Article 14. SECONDARY METALS RECYCLERS

10-1-355. Conditions and limitations on payments for regulated metal property; exception for transaction between business entities.

Active2 versions printed

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Effective January 1, 2026.In force today: Effective January 1, 2026.
  1. (a)

    A secondary metals recycler shall pay only by check, electronic funds transfer, cash, or voucher for regulated metal property and shall make any such payment as specifically provided for in this Code section.#

  2. (b)

    Any check, electronic funds transfer, or voucher shall be payable only to the person recorded as the seller of the regulated metal property to the secondary metals recycler.#

  3. (c)

    Any voucher shall be provided to the seller at the time of the purchase transaction or mailed to the seller at the address indicated on the personal identification card of the seller presented at the time of such transaction. If the voucher is provided to the seller at the time of the purchase transaction and not mailed to the seller, the secondary metals recycler shall not redeem the voucher for three days from the date of the purchase transaction. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, information as to whether the voucher was mailed or provided at the time of the purchase transaction, the first date on which the voucher may be redeemed, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person’s heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person’s heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date.#

  4. (d)

    No secondary metals recycler shall:#

    1. (1)

      Pay to any seller more than $100.00 in cash for any transaction or complete more than two transactions per seller, per day, per registered secondary metals recycler location;#

    2. (2)

      Pay cash to any seller for used, detached catalytic converters or coils;#

    3. (3)

      Pay cash to any seller for used utility wire;#

    4. (4)

      Pay cash to any seller for used communications copper;#

    5. (5)

      Pay cash to any seller for copper wire; or#

    6. (6)

      Pay cash to any seller for a battery.#

  5. (e)

    A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any check or electronic funds transfer paid to a seller for regulated metal property; and (2) providing or permitting any mechanism on the premises of the secondary metals recycler for the redemption or cashing of any check or electronic funds transfer.#

  6. (f)

    The provisions of this Code section shall not apply to any transaction between business entities.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 10-1-352.1, enacted by Ga. L. 2009, p. 731, § 3/SB 82; Code 1981, § 10-1-355, as redesignated by Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2023, p. 71, § 1-4/SB 60, effective January 1, 2024; Ga. L. 2023, p. 71, § 2-1/SB 60, effective January 1, 2026; Ga. L. 2025, p. 691, § 3/SB 40, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, added subsection (d) and redesignated former subsections (d) and (e) as present subsections (e) and (f), respectively. See Editor’s notes for applicability.

Editor's notes

Ga. L. 2025, p. 691, § 10/SB 40, not codified by the General Assembly, provides, in part, that the Act shall apply to all transactions occurring on and after July 1, 2025. See the bound volume for the version of this Code section in effect until January 1, 2026. Ga. L. 2025 p. 691, § 3/SB 40, amends this Code section by removing the changes authorized by Ga. L. 2023, p. 71, § 2-1/SB 60, effective January 1, 2026. This Code section is set out twice in this Code to reflect the legislative action taken.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-pdf.pdf, Volume V8, 2024 edition, 2025 supplement, pages 21 to 22; merge action: replaced; file SHA-256 f1fc4f45d8c6.

Effective until January 1, 2026.No longer in force as printed (Effective until January 1, 2026.)
  1. (a)

    A secondary metals recycler shall pay only by check, electronic funds transfer, cash, or voucher for regulated metal property and shall make any such payment as specifically provided for in this Code section.#

  2. (b)

    Any check, electronic funds transfer, or voucher shall be payable only to the person recorded as the seller of the regulated metal property to the secondary metals recycler.#

  3. (c)

    Any voucher shall be provided to the seller at the time of the purchase transaction or mailed to the seller at the address indicated on the personal identification card of the seller presented at the time of such transaction. If the voucher is provided to the seller at the time of the purchase transaction and not mailed to the seller, the secondary metals recycler shall not redeem the voucher for three days from the date of the purchase transaction. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, information as to whether the voucher was mailed or provided at the time of the purchase transaction, the first date on which the voucher may be redeemed, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person’s heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person’s heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date.#

  4. (d)

    No secondary metals recycler shall:#

    1. (1)

      Pay to any seller more than $100.00 in cash for any transaction or complete more than two transactions per seller, per day, per registered secondary metals recycler location;#

    2. (2)

      Pay cash to any seller for used, detached catalytic converters or coils;#

    3. (3)

      Pay cash to any seller for used utility wire;#

    4. (4)

      Pay cash to any seller for used communications copper;#

    5. (5)

      Pay cash to any seller for copper wire; or#

    6. (6)

      Pay cash to any seller for a battery.#

  5. (e)

    A secondary metals recycler shall be prohibited from:#

    1. (1)

      redeeming or cashing any check or electronic funds transfer paid to a seller for regulated metal property; and#

    2. (2)

      providing or permitting any mechanism on the premises of the secondary metals recycler for the redemption or cashing of any check or electronic funds transfer.#

  6. (f)

    The provisions of this Code section shall not apply to any transaction, other than a transaction related to used, detached catalytic converters, between business entities.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 10-1-352.1, enacted by Ga. L. 2009, p. 731, § 3/SB 82; Code 1981, § 10-1-355, as redesignated by Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2023, p. 71, § 1-4/SB 60, effective January 1, 2024.

Delayed effective date

Code Section 10-1-355 is set out twice in this Code. This version is effective until January 1, 2026. For version effective January 1, 2026, see the following version.

Amendments

The 2023 amendment, effective January 1, 2024, in subsection (a), inserted “cash” following “transfer” and added “and shall make any such payment as specifically provided for in this Code section” at the end; added subsection (d); redesignated former subsections (d) and (e) as present subsections (e) and (f); and, in present subsection (f), inserted “, other than a transaction related to used, detached catalytic converters,”. See Editor’s notes for applicability.

Editor's notes

Ga. L. 2012, p. 112, § 1/HB 872, effective July 1, 2012, redesignated former Code Section 10-1-355 as present Code Section 10-1-358. 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. Ga. L. 2023, p. 71, § 3-1/SB 60, not codified by the General Assembly, provides, in part, that Section 1-4 of this Act shall become effective on January 1, 2024, and shall apply to all transactions occurring on and after such date.

Law reviews

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

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, pages 165 to 167; merge action: carried; file SHA-256 7afbade16da7.

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