Chapter 92-6 SECONDARY METALS RECYCLERS DATABASE
O.C.G.A. § 10-1-359.5
requires the Georgia Bureau of Investigation (GBI) or its Designee to establish
and maintain a database of purchase transaction information from Secondary
Metals Recyclers (SMRs). The database will be accessible and searchable by law
enforcement agencies and employees of electric suppliers and telecommunications
companies (that meet requirements) in this state to track metal sales. This
system is intended to deter the theft of metals.
| (1) |
The following words shall be defined
within these procedures as set forth below:
| (a) |
Designee - vendor selected by the GBI to
collect SMR transactions required by O.C.G.A. § 10-1-359.5. |
| (b) |
Secondary Metals Recycler (SMR) - any
person who is engaged, from a fixed location or otherwise, in the business in
this state of paying compensation for regulated metal property that has served
its original economic purpose, whether or not engaged in the business of
performing the manufacturing process by which regulated metal property is
converted into raw material products consisting of prepared grades and having
an existing or potential economic value. |
| (c) |
SMR Database - data that is collected
from SMRs purchase transactions and organized so that its contents can easily
be accessed and searched. |
| (d) |
Purchase Transaction - a transaction in which the SMR gives consideration in
exchange for regulated metal property. |
| (e) |
Business Use Notice - Secondary Metals
Recycler owns and operates one or more facilities that purchase scrap metal
property as defined by O.C.G.A. § 10-1-359.5.
Designee operates and maintains a confidential database of transaction
information as the designee for the Georgia Bureau of Investigation (GBI).
Secondary Metals Recycler is submitting required data to the GBI designee for
the sole purpose of complying with O.C.G.A. § 10-1-359.5
and in accordance with Rules promulgated by the GBI. |
|
| (1) |
Effective July 1, 2015, SMRs must submit
information required by O.C.G.A. § 10-1-353(a) to the SMR Database. |
| (2) |
The SMR
must upload purchase transaction information to the SMR Database either by
using the Designee's software or transferring files from its own point-of-sale
software within 48 hours of the purchase transaction date. |
| (3) |
The SMR must conform to file format and
transaction submission procedures established by the GBI or its Designee in
accordance with this Rule. |
| (4) |
The
SMR must make reasonable efforts to ensure that all uploaded data is complete
and accurate. |
| (5) |
If a SMR submits
transaction records from its own point of sale software system, the SMR must
ensure that:
| (a) |
All data elements required
by law are included in the file; |
| (b) |
Each data element is clearly and
separately identified; |
| (c) |
Files,
images and transactions are uniquely numbered and include the date of the
transaction; and |
| (d) |
Images are
coded to designate the image classification as follows:
| i. |
C - image(s) of the seller and/or
deliverer, |
| ii. |
I - image(s) of the
identification card of the seller and/or deliverer, |
| iii. |
T - image(s) of thumbprint(s) (not
required by law but if submitted), |
| iv. |
S - image(s) of the signature of the
seller and/or deliverer, |
| v. |
V -
image of the vehicle driven by the seller or deliverer if a vehicle is used to
deliver the regulated metal property (not required by law but if
submitted), |
| vi. |
L - image of the
vehicle license/tag (not required by law but if submitted), |
| vii. |
A - image(s) of property offered for
sale. |
|
|
| (6) |
Designee cannot modify data submitted unless requested to do so by
GBI. |
| (1) |
SMRs using the Designee's or its own
point-of-sale software for data submission must register one or more users to
access and submit purchase transaction records to the SMR Database. When
registering, the SMR must provide its business name and address and the name
and email address(es) of the person(s) authorized to access or submit purchase
transactions on its behalf. |
| (2) |
The
SMR is responsible for protecting usernames and passwords used to access the
SMR Database. |
| (3) |
Employees of
electric suppliers as defined by O.C.G.A. § 46-3-3 and
telecommunications companies as defined in O.C.G.A. § 46-5-162
who want to access and search the SMR Database should send a request in
accordance with procedures established by the GBI. The written request must
include at a minimum the employee's name and the employee's Georgia Peace
Officer Standards and Training Council (P.O.S.T.) certification number and
certification date. |
| (4) |
Employees
of electric supplier telecommunication companies will be able to view all
information in the database except those images designated by the SMR as
driver's license images. |
| (5) |
In the
event of employment termination or change in P.O.S.T. certification status a
notice of the change should be sent to the GBI in accordance with procedures
established by the GBI and the individual's account will be deactivated for SMR
Database access. |
