---
title: O.C.G.A. § 10-1-359.1. Registration of secondary metals recycler; electronic data base; authority of sheriff; penalty for violation.
collection: code
id: 10-1-359.1
cite_as: O.C.G.A. § 10-1-359.1 (2025)
canonical_url: https://georgiacommons.org/code/10-1-359.1
md_url: https://georgiacommons.org/code/10-1-359.1.md
text_url: https://georgiacommons.org/code/10-1-359.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-pdf.pdf?sfvrsn=c78ce5c1_0#page=23
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / SECONDARY METALS RECYCLERS
---

# O.C.G.A. § 10-1-359.1. Registration of secondary metals recycler; electronic data base; authority of sheriff; penalty for violation.

(a) 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 beginning January 1, 2024, and shall be renewed annually by January 1 of each year.

(b) The record of each registration shall be entered into an electronic data base accessible state wide. 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.

(c) The sheriff shall be authorized to:

(1) Assess and require payment of $200.00 for a new registration and an annual registration renewal for a secondary metals recycler;

(2) If applicable in the jurisdiction where such secondary metals recycler is located, require the secondary metals recycler to submit a current and valid business license in the county or municipality that is associated with the address on the registration form prior to approving the registration or registration renewal;

(3) Require the registered agent of a secondary metals recycler to submit to a criminal background check and fingerprinting for a new registration with the costs paid by the secondary metals recycler in an amount not to exceed $75.00;

(4) Deny the new registration or registration renewal of a secondary metals recycler if such person’s registration has been revoked in another Georgia county, information submitted on the registration form has been determined to be invalid or false, or it is determined by the criminal background check that such person has been convicted of a felony offense under this article in the previous five years;

(5) Revoke the registration of a secondary metals recycler’s registered agent if the registered agent has been convicted of a felony offense in the previous five years under this article while serving as a registered agent;

(6) Require secondary metals recyclers to provide on the registration form the customer identification number for the current data base contractor maintained by the Georgia Bureau of Investigation;

(7) Require a secondary metals recycler to submit a signed and sworn statement that such person has not had such secondary metals recycler’s registration or business license revoked during the previous year and that the registered agent has not been convicted of a felony offense under this article while serving as a registered agent in the previous five years;

(8) 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

(9) Remit to the Georgia Sheriffs’ Association $100.00 of each $200.00 registration fee and remit to the general fund of the county treasury the remaining $100.00 of each registration fee to provide for the registration of secondary metals recyclers and the entering into the Georgia Sheriffs’ Association Secondary Metals Recycler Registry of the records of such registrations for use by other law enforcement agencies, staff of the governing authority, or the public.

(d) A secondary metals recycler’s registered agent shall be ineligible to obtain a new registration or registration renewal if such person is under indictment for a felony offense for violation of this article or has been convicted of a felony offense in the past five years under this article.

(e) Any secondary metals recycler convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

## History

Code 1981, § 10-1-359.1, enacted by Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2023, p. 71, § 1-6/SB 60, effective July 1, 2023; Ga. L. 2025, p. 691, § 5/SB 40, effective July 1, 2025.

## 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.

## Amendments

The 2025 amendment, effective July 1, 2025, in subsection (c), inserted “in the jurisdiction where such secondary metals recycler is located” and substituted “require the” for “require a” in paragraph (c)(2), deleted “more than three times” following “under this article” near the end of paragraph (c)(4), substituted “convicted of a felony offense under this article while serving as a registered agent in the previous five years” for “convicted of a metal theft offense in the previous year” in paragraph (c)(7), and rewrote paragraph (c)(9).