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					 1   Indicates Matter Stricken
 2   Indicates New Matter
 3
 4   RECALLED
 5   April 27, 2011
 6
 7                                                    H. 3660
 8
 9   Introduced by Reps. Ott, Bales, McLeod, Brantley, Battle,
10   Whipper, G.A. Brown, Parker, Anderson, J.M. Neal, Hodges,
11   Bowers, Hosey, Alexander, Branham, Funderburk, Harrison, King,
12   Dillard and Butler Garrick
13
14   S. Printed 4/27/11--H.
15   Read the first time February 10, 2011.
16
17




     [3660-1]
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 8
 9                             A BILL
10
11   TO AMEND SECTION 16-11-523, AS AMENDED, CODE OF
12   LAWS OF SOUTH CAROLINA, 1976, RELATING TO
13   OBTAINING NONFERROUS METALS UNLAWFULLY, SO
14   AS TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS
15   PROVISION; TO AMEND SECTION 16-17-680, AS
16   AMENDED, RELATING TO THE PURCHASE OF
17   NONFERROUS       METALS,     PROCEDURES      AND
18   REQUIREMENTS FOR PURCHASE OF NONFERROUS
19   METALS, AND EXCEPTIONS, SO AS TO PROVIDE
20   ADDITIONAL RESTRICTIONS RELATED TO THE SALE OF
21   COPPER; TO AMEND SECTION 16-17-685, RELATING TO
22   THE UNLAWFUL TRANSPORTATION OF NONFERROUS
23   METALS, SO AS TO INCREASE THE PENALTIES FOR
24   CERTAIN VIOLATIONS OF THIS PROVISION; AND BY
25   ADDING CHAPTER 40 TO TITLE 40 SO AS TO REQUIRE
26   SECONDARY METALS RECYCLERS TO REGISTER WITH
27   THE DEPARTMENT OF LABOR, LICENSING AND
28   REGULATION, AND TO PROVIDE REGISTRATION AND
29   RENEWAL REQUIREMENTS.
30
31   Be it enacted by the General Assembly of the State of South
32   Carolina:
33
34   SECTION 1. Section 16-11-523(C) of the 1976 Code, as last
35   amended by Act 273 of 2010, is further amended to read:
36
37     “(C) A person who violates the provisions of this section is
38   guilty of a:
39        (1) misdemeanor under the jurisdiction of magistrates or
40   municipal court, notwithstanding the provisions of Sections
41   22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon
42   conviction, must be fined not more than one thousand dollars or

     [3660]                         1
 1   imprisoned not more than thirty days, or both, if the direct injury to
 2   the property, the amount of loss in value to the property, the
 3   amount of repairs necessary to return the property to its condition
 4   before the act, or the property loss, including fixtures or
 5   improvements, is two thousand dollars or less;
 6        (2) felony and, upon conviction, must be fined in the
 7   discretion of the court or imprisoned not more than five years, or
 8   both, if the direct injury to the property, the amount of loss in value
 9   to the property, the amount of repairs necessary to return the
10   property to its condition before the act, or the property loss,
11   including fixtures or improvements, is more less than two five
12   thousand dollars but less than ten thousand dollars; or
13        (3)(2) felony and, upon conviction, must be fined in the
14   discretion of the court or imprisoned not more than ten years, or
15   both, if the direct injury to the property, the amount of loss in value
16   to the property, the amount of repairs necessary to return the
17   property to its condition before the act, or the property loss,
18   including fixtures or improvements, is ten five thousand dollars or
19   more.”
20
21   SECTION 2. Section 16-17-680 of the 1976 Code, as last
22   amended by Act 26 of 2009, is further amended to read:
23
24      “Section 16-17-680. (A)(1) It is unlawful to purchase
25   nonferrous metals in any amount from a person who is not a holder
26   of a retail license or an authorized wholesaler unless the purchaser
27   is a secondary metals recycler and obtains and can verify the name
28   and address, and permit to sell of the seller. A secondary metals
29   recycler shall maintain a record containing the date of purchase,
30   name and address of the seller, a photocopy of the seller’s
31   identification, the license plate number of the seller’s motor
32   vehicle, the seller’s photograph, weight or length, and size or other
33   description of the nonferrous metals purchased, amount paid for it,
34   and a signed statement from the seller stating that he is the rightful
35   owner or is entitled to sell the nonferrous metals being sold. All
36   nonferrous metals that are purchased by and are in the possession
37   of a secondary metals recycler and all records required to be kept
38   by this section must be maintained and kept open for inspection by
39   law enforcement officials or local and state governmental agencies
40   during regular business hours. The records must be maintained for
41   two years from the date of purchase.
42         (2) A person may not sell copper to another person or entity
43   without first receiving a permit issued by the sheriff of the county

     [3660]                             2
 1   in which the seller resides pursuant to Section 16-17-685. A
 2   permit is valid for the calendar year in which it was issued. The
 3   sheriff shall keep a record of all permits issued containing the date
 4   of issue, name and address of the permit holder, a photocopy of the
 5   permit holder’s identification, the license plate number of the
 6   permit holder’s motor vehicle, and the permit holder’s photograph.
 7      (B) A secondary metals recycler may only not purchase
 8   nonferrous metals copper for cash consideration from a fixed
 9   location and only may purchase copper by check or other similar
10   written instrument, a record of which must be maintained by the
11   secondary metals recycler for the same period of time as other
12   identifying information is required to be maintained by the
13   provisions of subsection (A)(1).
14      (C) A secondary metals recycler must display in a prominent
15   location in his place of business, a sign, twenty inches by thirty
16   inches that states ‘NO COPPER MAY BE PURCHASED BY
17   THIS OR ANY OTHER SECONDARY METAL RECYCLER
18   FROM ANY PERSON UNLESS THE PERSON PRESENTS
19   THE PERMIT TO SELL NONFERROUS METALS PURSUANT
20   TO SECTION 16-17-680 OF THE SOUTH CAROLINA CODE
21   OF LAWS.’
22
23   (D)(1) Whenever When a law enforcement officer has reasonable
24   cause to believe that any item of nonferrous metal in the
25   possession of a secondary metals recycler has been stolen, the law
26   enforcement officer may issue a hold notice to the secondary
27   metals recycler. The hold notice must be in writing, be delivered
28   to the secondary metals recycler, specifically identify those items
29   of nonferrous metal that are believed to have been stolen and that
30   are subject to the notice, and inform the secondary metals recycler
31   of the information contained in this subsection. Upon receipt of
32   the notice, the secondary metals recycler must not process or
33   remove the items of nonferrous metal identified in the notice, or
34   any portion thereof, from the secondary metal recycler’s place of
35   business for fifteen calendar days after receipt of the notice unless
36   released prior to the fifteen-day period by the law enforcement
37   officer.
38        (2) No later than the expiration of the fifteen-day period, a
39   law enforcement officer may issue a second hold notice to the
40   secondary metals recycler, which shall be an extended hold notice.
41   The extended hold notice must be in writing, be delivered to the
42   secondary metals recycler, specifically identify those items of
43   nonferrous metal that are believed to have been stolen and that are

     [3660]                            3
 1   subject to the extended hold notice, and inform the secondary
 2   metals recycler of the information contained in this subsection.
 3   Upon receipt of the extended hold notice, the secondary metals
 4   recycler must not process or remove the items of nonferrous metal
 5   identified in the notice, or any portion thereof, from the secondary
 6   metals recycler’s place of business for thirty calendar days after
 7   receipt of the extended hold notice unless released prior to the
 8   thirty-day period by the law enforcement officer.
 9         (3) At the expiration of the hold period or, if extended, at the
10   expiration of the extended hold period, the hold is automatically
11   released and the secondary metals recycler may dispose of the
12   nonferrous metals unless other disposition has been ordered by a
13   court of competent jurisdiction.
14      (D)(E) A person who violates the provisions of this section is
15   guilty of a:
16         (1) misdemeanor and, upon conviction, for a first offense
17   must be fined not more less than two hundred dollars nor more
18   than three hundred dollars or imprisoned not more than thirty days
19   for a first offense. This offense is triable in magistrates court; and
20         (2) misdemeanor and, upon conviction, for a second or
21   subsequent offense must be fined not less than four hundred
22   dollars nor more than five hundred dollars or imprisoned not more
23   than one year thirty days, or both, for a second offense; .
24         (3) misdemeanor and, upon conviction, must be fined not
25   more than one thousand dollars or imprisoned not more than three
26   years, or both, for a third or subsequent offense. For an offense to
27   be considered a third or subsequent offense, only those offenses
28   which occurred within a period of ten years, including and
29   immediately preceding the date of the last offense shall constitute a
30   prior offense within the meaning of this section.
31      (E)(F) For purposes of this section, the only identification
32   acceptable is a:
33         (1) valid South Carolina driver’s license;
34         (2) South Carolina identification card issued by the
35   Department of Motor Vehicles;
36         (3) valid driver’s license from another state that contains the
37   licensee’s picture on the face of the license; or
38         (4) valid military identification card.
39      (F)(G) For purposes of this section:
40         (1) ‘Nonferrous metals’ means metals not containing
41   significant quantities of iron or steel, including copper wire, cooper
42   clad steel wire, copper pipe, copper bars, copper sheeting,


     [3660]                            4
 1   aluminum, a product that is a mixture of aluminum and copper,
 2   catalytic converters, and stainless steel beer kegs or containers.
 3         (2) ‘Secondary metals recycler’ means any person who is
 4   engaged in the business of paying compensation for nonferrous
 5   metals that have served their original economic purpose, whether
 6   or not the person is engaged in the business of performing the
 7   manufacturing process by which nonferrous metals are converted
 8   into raw material products consisting of prepared grades and
 9   having an existing or potential economic value.
10         (3) ‘Fixed location’ means any site occupied by a secondary
11   metals recycler as the owner of the site or as a lessee of the site
12   under a lease or other rental agreement providing for occupation of
13   the site by a secondary metals recycler for a total duration of not
14   less than three hundred and sixty-four days.
15      (G)(H) The provisions of this section do not apply to the
16   purchase or sale of aluminum cans.
17      (H)(I) This section preempts local ordinances and regulations
18   governing the purchase or sale of nonferrous metals in any amount,
19   except to the extent that such ordinances pertain to zoning or
20   business license fees. This section shall not preempt the ability of
21   a political subdivision of the State to enact ordinances or
22   regulations pertaining to zoning or business license fees. Political
23   subdivisions of the State may not enact ordinances or regulations
24   more restrictive than those contained in this section.”
25
26   SECTION 3. Section 16-17-685(B) of the 1976 Code, as added
27   by Act 26 of 2009, is amended to read:
28
29      “(B) It is unlawful for a person to transport or have in the
30   person’s possession on the highways of this State nonferrous
31   metals of an aggregate weight of more than twenty-five ten pounds
32   in a vehicle other than a vehicle used in the ordinary course of
33   business for the purpose of transporting nonferrous metals, unless
34   the person:
35        (1) has in the person’s possession a bill of sale signed by:
36           (a) a holder of a retail license for a business engaged in
37   the sale of nonferrous metals or a mixture of nonferrous metals;
38           (b) an authorized wholesaler engaged in the sale of
39   nonferrous metals or a mixture of nonferrous metals; or
40           (c) a registered dealer of scrap metals; or
41        (2) can present, either orally or in writing, a valid
42   transportation permit number provided by the sheriff of the county
43   in which the person resides.”

     [3660]                           5
 1
 2   SECTION 4. Title 40 of the 1976 Code is amended by adding:
 3
 4                             “CHAPTER 40
 5
 6                       Secondary Metals Recyclers
 7
 8     Section 40-40-10. A person who is a secondary metals recycler
 9   shall register with the Department of Labor, Licensing and
10   Regulation in accordance with this chapter.
11
12      Section 40-40-20. For purposes of this chapter:
13      (1) ‘Department’ means the Department of Labor, Licensing
14   and Regulation.
15      (2) ‘Nonferrous metals’ means metals not containing
16   significant quantities of iron or steel, including copper wire, cooper
17   clad steel wire, copper pipe, copper bars, copper sheeting,
18   aluminum, a product that is a mixture of aluminum and copper,
19   catalytic converters, and stainless steel beer kegs or containers.
20      (3) ‘Secondary metals recycler’ means a person who is
21   engaged in the business of paying compensation for nonferrous
22   metals that have served their original economic purpose, whether
23   or not the person is engaged in the business of performing the
24   manufacturing process by which nonferrous metals are converted
25   into raw material products consisting of prepared grades and
26   having an existing or potential economic value.
27
28     Section 40-40-30. (A) A secondary metals recycler shall
29   register with the department in the manner as may be prescribed by
30   the department in regulations and shall renew the registration every
31   two years. The biennial registration cost is two hundred dollars.
32     (B) To be eligible to register and renew registration under this
33   section, a secondary metals recycler:
34        (1) must have an address of a fixed site which must be
35   occupied by the secondary metals recycler as the owner of the site
36   or as a lessee of the site under a lease or other rental agreement
37   providing for occupation of the site by the secondary metals
38   recycler for a total duration of not less than three hundred and sixty
39   four days, and this site must be the only site at which the
40   secondary metals recycler purchases nonferrous metals; and
41        (2) shall declare, on a form provided by the department, that
42   as an applicant for registration, he is informed of and will comply


     [3660]                            6
 1   with the purchase, recordkeeping, and hold notice requirements of
 2   Section 16-17-680.
 3
 4      Section 40-40-40. The department shall promulgate such
 5   regulations as are necessary to carry out its responsibilities under
 6   this chapter.”
 7
 8   SECTION 5. The repeal or amendment by this act of any law,
 9   whether temporary or permanent or civil or criminal, does not
10   affect pending actions, rights, duties, or liabilities founded thereon,
11   or alter, discharge, release or extinguish any penalty, forfeiture, or
12   liability incurred under the repealed or amended law, unless the
13   repealed or amended provision shall so expressly provide. After
14   the effective date of this act, all laws repealed or amended by this
15   act must be taken and treated as remaining in full force and effect
16   for the purpose of sustaining any pending or vested right, civil
17   action, special proceeding, criminal prosecution, or appeal existing
18   as of the effective date of this act, and for the enforcement of
19   rights, duties, penalties, forfeitures, and liabilities as they stood
20   under the repealed or amended laws.
21
22   SECTION 6. This act takes effect one hundred twenty days after
23   its approval by the Governor.
24                               ----XX----
25




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