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. |
