View Amendment Current Amendment: JUD1031.002.DOCX to Bill 1031     Senator MARTIN proposed the following amendment (JUD1031.002):
   
    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION     1.     Section 40-27-10 of the 1976 Code is amended to read:

    "Section 40-27-10.     Any A person or entity buying junk other than junk that consists of nonferrous metals, as defined by Section 16-17-680, and junk that consists of vehicles or vehicle parts with a total weight of twenty-five pounds or more shall keep a book that he the person or entity shall keep open to the inspection of all persons, wherein he the person or entity shall set down the name and address, city, and street of every person selling junk and an itemized statement of all junk bought from such person the persons and the date of purchase dates. Any A person or entity buying junk that consists of nonferrous metals, as defined by Section 16-17-680, is subject to the provisions of Section 16-17-680. A person or entity buying junk that consists of vehicles or vehicle parts with a total weight of twenty-five pounds or more is subject to the provisions of Section 56-5-5670 and 56-5-5945."

SECTION     2.     Section 40-27-20 of the 1976 Code is amended to read:
    "Section 40-27-20.     Such A person or entity shall keep each article of junk so purchased other than junk that consists of nonferrous metals, as defined by Section 16-17-680, and junk that consists of vehicles or vehicle parts with a total weight of twenty-five pounds or more for a period of seventy-two hours following such the purchase and shall keep such the junk open to the inspection of all persons. A person or entity buying junk that consists of nonferrous metals, as defined by Section 16-17-680, is subject to the provisions of Section 16-17-680. A person or entity buying junk that consists of vehicles or vehicle parts with a total weight of twenty-five pounds or more is subject to the provisions of Section 56-5-5670 and 56-5-5945."

SECTION     3.     Section 56-3-1380 of the 1976 Code is amended to read:

    "Section 56-3-1380.     Any An owner who dismantles or wrecks any a vehicle registered and licensed under the provisions of pursuant to this chapter shall forward to the Department of Motor Vehicles the registration card, and license plate, and revalidation sticker last issued for such the vehicle. A person or entity who disposes of a vehicle to a demolisher or secondary metals recycler shall provide the vehicle's title certificate to the demolisher or secondary metals recycler so that the demolisher or secondary metals recycler can surrender the title certificate to the Department of Motor Vehicles pursuant to Section 56-5-5670 and Section 56-5-5945."

SECTION     4.     Section 56-5-5640 of the 1976 Code is amended to read:

    "Section 56-5-5640.     If an abandoned vehicle has not been reclaimed as provided for in pursuant to Section 56-5-5630, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may have the abandoned vehicle sold at a public auction pursuant to the provisions set forth in Section 29-15-10. The vehicle's purchaser of the vehicle shall take title to it the vehicle free and clear of all liens and claims of ownership, shall receive a magistrate's order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The order of sale given at the sale must be sufficient title for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in this case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to the provisions of Section 29-15-10 must be reimbursed up to the amount of the auction sale price from the vehicle's sale proceeds of the vehicle. Any remainder of the The remaining sale proceeds must be held for the vehicle's owner of the vehicle or entitled lienholder for ninety days. The magistrate must shall notify the vehicle's owner and all lienholders by certified or registered mail, return receipt requested, that the vehicle vehicle's owner or lienholder has ninety days to claim the proceeds from the vehicle's sale of the vehicle. If the vehicle vehicle's proceeds are not collected within ninety days from the day after the notice to the vehicle's owner and all lienholders is mailed, then the vehicle vehicle's proceeds must be deposited in the county or municipality's general fund of the county or municipality."

SECTION     5.     Section 56-5-5660 of the 1976 Code is repealed.

SECTION     6.     Section 56-5-5670 of the 1976 Code is amended to read:

    "Section 56-5-5670.     (A)(1)     Except as provided by Subsection (B), a person or entity may not dispose of a vehicle to a demolisher or secondary metals recycler without a valid title certificate for the vehicle in the person or entity's name that is free and clear of all liens and security interests as indicated on the title certificate.
        (2)(a)     Except as provided by Subsection (B), a person or entity upon whose property or in whose possession is found an abandoned vehicle, or an owner of a vehicle whose title certificate is faulty, lost, or destroyed, who wants to dispose of the vehicle to a demolisher or secondary metals recycler, shall apply to the magistrate of the jurisdiction in which the vehicle is located for an order entitling the person or entity to receive a title certificate for the vehicle from the Department of Motor Vehicles for the purpose of disposing of the vehicle to a demolisher or secondary metals recycler.
            (b)     The person or entity shall execute an affidavit providing the person or entity's name and address, the year, make, model, and identification number of the vehicle, if ascertainable, along with any other identifying features, a concise statement of the facts surrounding the abandonment, or that the vehicle's title is faulty, lost, or destroyed, and any other information the magistrate may require. The person or the entity's agent shall sign the affidavit affirming that the facts alleged in the affidavit are true and that no material fact has been withheld.
            (c)     If the magistrate determines that the affidavit has been executed in proper form, and that the person or entity has demonstrated that the vehicle has been abandoned upon the person or entity's property or into the person or entity's possession, the magistrate shall order that the notification procedures set forth in Section 56-5-5630 must be followed. If the vehicle is not reclaimed in accordance with Section 56-5-5630, the magistrate shall issue an order entitling the person or entity to receive a title certificate for the vehicle from the Department of Motor Vehicles for the purpose of disposing of the vehicle to a demolisher or secondary metals recycler. An order may contain multiple listings.
            (d)     If the magistrate determines that the affidavit has been executed in proper form and that the person or entity has demonstrated that the vehicle has not been abandoned but that the person or entity appears to be the vehicle's rightful owner, that the vehicle is free and clear of all liens, and that the vehicle's title certificate is faulty, lost, or destroyed, the magistrate shall issue an order entitling the person or entity to receive a title certificate for the vehicle from the Department of Motor Vehicles for the purpose of disposing of the vehicle to a demolisher or secondary metals recycler. An order may contain multiple listings.
        (3)     The person or entity shall provide the vehicle's title certificate to the demolisher or secondary metals recycler. AThe demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolishing is not required to obtain a certificate of title for the vehicle in his the demolisher or secondary metals recycler's own name. After the vehicle has been demolished, processed, or changed so that it the vehicle physically is no longer a vehicle, the demolisher or secondary metals recycler must shall surrender for cancellation the certificate of title, auction sales receipt, or disposal authority certificate. The Department of Motor Vehicles must shall issue forms, rules, and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as appropriate.
        (4)     A demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle with a title certificate pursuant to this subsection is not liable to a person or entity who has a lien on the vehicle or a security interest in the vehicle, if the title certificate does not indicate a lien or security interest and the demolisher or secondary metals recycler otherwise has no knowledge of the lien or security interest.
        (5)     A demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle with a title certificate pursuant to this subsection may wreck, dismantle, demolish, or otherwise dispose of the vehicle after the transaction has taken place.
    (B)(1)     A person or entity upon whose property or in whose possession is found an abandoned vehicle, or an owner of a vehicle whose title certificate is faulty, lost, or destroyed, may dispose of the vehicle to a demolisher or secondary metals recycler without a title certificate if the vehicle:
            (a)     is lawfully in the person or entity's possession;
            (b)     is free and clear of all liens and security interests;
            (c)     is twelve model years old or older;
            (d)     does not have a valid registration plate affixed; and
            (e)     has no engine or is otherwise totally inoperable.
        (2)     The person or entity's agent shall complete and sign a form affirming that the vehicle complies with the requirements of subection (B)(1). The Department of Motor Vehicles shall develop the form in a manner prescribed by the working group established pursuant to Subsection (F)(3). The form must, at a minimum, be in a format that will satisfy the National Motor Vehicle Title Information System's reporting requirements in accordance with federal law, regulations, and rules.
        (3)     The demolisher or secondary metals recycler shall physically deliver or electronically transfer the completed and signed form to the Department of Motor Vehicles at the time of the transaction or no later than the end of the business day. The Department of Motor Vehicles shall develop, in a manner prescribed by the working group established pursuant to Subsection (F)(3), a system to allow for the transmission of the form, or the information required on the form, by electronic means in lieu of physical delivery. If the form, or the information required on the form, is transferred electronically, the demolisher or secondary metals recycler shall maintain the original form for a period of not less than two years. The Department of Motor Vehicles may collect a transaction fee from demolishers and secondary metal recyclers who physically deliver or electronically transmit forms, or the information required on the forms, to the Department of Motor Vehicles pursuant to this subsection. The fee must not exceed one dollar for each transaction. The Department of Motor Vehicles may provide a procedure whereby demolishers and secondary metals recyclers making repetitive transactions may maintain an account with the Department of Motor Vehicles for the payment of fees. The transaction fees collected pursuant to this subsection must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of implementing the scrap vehicle database pursuant to Subsection (F). Once sufficient funds have been collected by the Department of Motor Vehicles to defray the expenses of implementing the scrap vehicle database, or the Department of Motor Vehicles otherwise receives sufficient funding, the Department of Motor Vehicles shall no longer collect a transaction fee from demolishers and secondary metals recyclers who physically deliver or electronically transmit forms, or the information required on the forms, to the Department of Motor Vehicles pursuant to this subsection.
        (4)     The information obtained by the Department of Motor Vehicles from the demolisher or secondary metals recycler must be reported to the National Motor Vehicle Title Information System in a format that will satisfy the requirements for reporting such information in accordance with federal law, regulations, and rules.
        (5)     A demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle without a title certificate pursuant to this subsection is not liable to a person or entity who has a lien on a vehicle or a security interest in a vehicle, if the person or entity disposing of the vehicle affirms on the required form that the vehicle is free of liens and security interests and the demolisher or secondary metals recycler otherwise has no knowledge of any liens on the vehicle or security interests in the vehicle.
        (6)     A demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle without a title certificate pursuant to this subsection shall not wreck, dismantle, demolish, or otherwise dispose of the vehicle until at least three business days after the transaction has taken place and the form, or the information required on the form, has been submitted to the Department of Motor Vehicle.
    (B)(C)     A demolisher or secondary metals recycler who purchases or otherwise acquires nonferrous metals, as defined by Section 16-17-680, must shall comply with and is subject to the provisions of Section 16-17-680.
    (C)(D)(1)         A demolisher or secondary metals recycler must shall keep an accurate and complete record of all abandoned vehicles and vehicle parts with a total weight of twenty-five pounds or more purchased or received by him the demolisher or secondary metals recycler in the course of his business. These records must contain:
            (a)     the demolisher or secondary metals recycler's name and address;
            (b)     the name of the person entering the information;            
            (c)     the name and address of the person or entity from whom the vehicle or vehicle parts were purchased or received,;
            (d)     a photo or copy of the person's driver's license or other government issued picture identification card that legibly shows the person's name and address,. If the vehicle or vehicle parts are being purchased or received from an entity, the demolisher or secondary metals recycler shall obtain a photo or copy of the entity's agent's driver's license or other government issued picture identification card. If the demolisher or secondary metals recycler has a photo or copy of the person or entity's agent's identification on file, the demolisher or secondary metals recycler may reference the identification on file without making a photocopy for each transaction. If the person or entity's agent has no identification, the demolisher or secondary metals recycler shall not complete the transaction;
            (e)     the date when the purchases or receipts occurred, and;
            (f)     the year, make, model, and identification number of the vehicle or vehicle parts, if ascertainable, along with any other identifying features;
            (g)     the amount paid for the vehicle or vehicle parts;
            (h)     a photo or video of the vehicle or motor vehicle parts;
            (i)         the tag number and a photo or video of the vehicle used to transport the vehicle or vehicle parts being purchased or received, except when the demolisher or secondary metals recycler uses the demolisher or secondary metal recycler's vehicle to transport the vehicle or vehicle parts being purchased or received; and
            (j)         any forms or copies of forms required by this section.
        (2)     The records are must be kept open for inspection by any police law enforcement officer at any time during normal business hours. All vehicles on the demolisher or secondary metals recycler's property or otherwise in the possession of the demolisher or secondary metals recycler must be available for inspection by any law enforcement officer at any time during normal business hours.
        (3)     Records required by this section must be kept by the demolisher or secondary metals recycler for at least one year two years after the transaction to which it applies.
    (D)(E)(1)     A person who knowingly and willfully violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars for each offense not to exceed five thousand dollars for the same set of transactions or occurrences, or imprisoned for not more than sixty days, or both. Each violation constitutes a separate offense. For a second or subsequent offense, the person is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars for each offense not to exceed ten thousand dollars for the same set of transactions or occurrences, or imprisoned for not more than three years, or both. Each violation constitutes a separate offense.
        (2)     A person who knowingly and willfully falsifies any information on a form or affidavit required by this section is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned for not less than one year nor more than three years, or both.
        (3)     In lieu of criminal penalties, the Department of Motor Vehicle's director may issue an administrative fine not to exceed one thousand dollars for each violation, whenever the director, after a hearing, determines that a demolisher or secondary metals recycler has unknowingly and unwillfully violated any provisions of this section. The hearing and any administrative review must be conducted in accordance with the procedure for contested cases under the Administrative Procedures Act. The proceeds from the administrative fine must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of implementing this section.
        (4)     A vehicle used to transport a vehicle or vehicle parts illegally disposed of in violation of this section may be seized by law enforcement and is subject to forfeiture; provided, however, that no vehicle is subject to forfeiture unless it appears that the owner or other person in charge of the vehicle is a consenting party or privy to the commission of the crime, and a forfeiture of the vehicle encumbered by a security interest is subject to the interest of the secured party who had no knowledge of or consented to the act. The seizure and forfeiture must be accomplished in accordance with the provisions of Section 56-29-50.
    (F)(1)     The Department of Motor Vehicles shall develop and administer a scrap vehicle database. The purpose of the database is to:
            (a)     collect information regarding scrap vehicles submitted by demolishers and secondary metals recyclers;
            (b)     collect information regarding stolen vehicles submitted by law enforcement agencies;
            (c)     allow demolishers and secondary metals recyclers to access the database in order to determine if a vehicle is stolen; and
            (d)     allow law enforcement agencies to access the database to determine if information regarding a stolen vehicle has been submitted by a demolisher or secondary metals recycler.
        (2)     Pursuant to the South Carolina Consolidated Procurement Code, the Department of Motor Vehicles may contract with a private provider to develop the database and a system of transmitting information from demolishers, secondary metals recyclers, and law enforcement agencies to the Department of Motor Vehicles. The private provider shall not administer the database nor the system of transmitting information. The Department of Motor Vehicles shall solicit and receive at least two bids on the contract before awarding the contract.
        (3)     The Department of Motor Vehicles shall convene a working group chaired by the Director of the Department of Motor Vehicles or the director's designee for the purpose of assisting in the development of a form to be used for the disposal of vehicles to demolishers or secondary metals recyclers pursuant to this section, assisting in the development of a system to allow for the transmission of the form or information required on the form by electronic means, facilitating the implementation of the scrap vehicle database, assisting in development of regulations pursuant to this section, and issuing recommendations based on periodic review of the form and the scrap vehicle database by the working group. The working group must consist of representatives from the demolisher industry, secondary metals recycling industry, law enforcement agencies, the insurance industry, and other relevant agencies, organizations, or industries as determined by the director.
        (4)     The Department of Motor Vehicles shall make the database available to demolishers, secondary metals recyclers, and law enforcement agencies at no cost.
        (5)     The database must include, at a minimum, the ability of:
            (a)     demolishers and secondary metals recyclers to determine if a vehicle has been stolen prior to completing a transaction;
            (b)     demolishers or secondary metals recyclers to report to the Department of Motor Vehicles after a vehicle has been wrecked, dismantled, demolished, or otherwise disposed of;
            (c)     the Department of Motor Vehicles to check the information submitted by the demolishers and secondary metals recyclers against the Department of Motor Vehicles' records; and
            (d)     law enforcement agencies to check the information submitted by the demolishers and secondary metals recyclers for the purposes of investigating stolen vehicles.
        (6)     The State is not liable to any person for gathering, managing, or using information in the database pursuant to this subsection. No demolisher, secondary metals recycler, or law enforcement agency is liable for performing its duties pursuant to this subsection unless the demolisher, secondary metals recycler, or law enforcement agency commits a wilful and wanton act or omission. It is unlawful for a person to disclose any confidential information to a person or entity that is not permitted to have access to the information. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year and fined not more than one thousand dollars.
        (7)     A law enforcement officer who learns of the theft of a vehicle not since recovered or of the recovery of a vehicle whose theft or conversion the officer knows or has reason to believe has been reported to the Department of Motor Vehicles shall report the theft or recovery to the Department of Motor Vehicles pursuant to Section 56-19-810. The information from such report must be entered into the database."

    SECTION     7.     Section 56-5-5945 of the 1976 Code is amended to read:

    "Section 56-5-5945.     (A)(1)     Except as provided by Subsection (B), a person or entity may not dispose of a vehicle to a demolisher or secondary metals recycler without a valid title certificate for the vehicle in the person or entity's name that is free and clear of all liens and security interests as indicated on the title certificate.
        (2)(a) Except as provided by Subsection (B), a person or entity upon whose property or in whose possession is found an abandoned vehicle, or an owner of a vehicle whose title certificate is faulty, lost, or destroyed, who wants to dispose of the vehicle to a demolisher or secondary metals recycler, shall apply to the magistrate of the jurisdiction in which the vehicle is located for an order entitling the person or entity to receive a title certificate for the vehicle from the Department of Motor Vehicles for the purpose of disposing of the vehicle to a demolisher or secondary metals recycler.
            (b)     The person or entity shall execute an affidavit providing the person or entity's name and address, the year, make, model, and identification number of the vehicle, if ascertainable, along with any other identifying features, a concise statement of the facts surrounding the abandonment, or that the vehicle's title is faulty, lost, or destroyed, and any other information the magistrate may require. The person or the entity's agent shall sign the affidavit affirming that the facts alleged in the affidavit are true and that no material fact has been withheld.
            (c)     If the magistrate determines that the affidavit has been executed in proper form, and that the person or entity has demonstrated that the vehicle has been abandoned upon the person or entity's property or into the person or entity's possession, the magistrate shall order that the notification procedures set forth in Section 56-5-5630 must be followed. If the vehicle is not reclaimed in accordance with Section 56-5-5630, the magistrate shall issue an order entitling the person or entity to receive a title certificate for the vehicle from the Department of Motor Vehicles for the purpose of disposing of the vehicle to a demolisher or secondary metals recycler. An order may contain multiple listings.
            (d)     If the magistrate determines that the affidavit has been executed in proper form and that the person or entity has demonstrated that the vehicle has not been abandoned but that the person or entity appears to be the vehicle's rightful owner, that the vehicle is free and clear of all liens, and that the vehicle's title certificate is faulty, lost, or destroyed, the magistrate shall issue an order entitling the person or entity to receive a title certificate for the vehicle from the Department of Motor Vehicles for the purpose of disposing of the vehicle to a demolisher or secondary metals recycler. An order may contain multiple listings.
        (3)     The person or entity shall provide the vehicle's title certificate to the demolisher or secondary metals recycler. AThe demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling, or demolition shall is not be required to obtain a certificate of title for the vehicle in his the demolisher or secondary metals recycler's own name. After the vehicle has been demolished, processed, or changed so that it the vehicle physically is no longer a vehicle, the demolisher or secondary metals recycler shall surrender for cancellation the certificate of title or sales receipt issued under Section 56-5-5850. The Department of Motor Vehicles shall issue forms and regulations governing the surrender of certificates of title as appropriate.
        (4)     A demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle with a title certificate pursuant to this subsection is not liable to a person or entity who has a lien on the vehicle or a security interest in the vehicle, if the title certificate does not indicate a lien or security interest and the demolisher or secondary metals recycler otherwise has no knowledge of the lien or security interest.
        (5)     A demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle with a title certificate pursuant to this subsection may wreck, dismantle, demolish, or otherwise dispose of the vehicle after the transaction has taken place.
    (B)(1)     A person or entity upon whose property or in whose possession is found an abandoned vehicle, or an owner of a vehicle whose title certificate is faulty, lost, or destroyed, may dispose of the vehicle to a demolisher or secondary metals recycler without a title certificate if the vehicle:
            (a)     is lawfully in the person or entity's possession;
            (b)     is free and clear of all liens and security interests;
            (c)     is twelve model years old or older;
            (d)     does not have a valid registration plate affixed; and
            (e)     has no engine or is otherwise totally inoperable.
        (2)     The person or entity's agent shall complete and sign a form affirming that the vehicle complies with the requirements of Subection (B)(1). The Department of Motor Vehicles shall develop the form in a manner prescribed by the working group established pursuant to Subsection (F)(3). The form must, at a minimum, be in a format that will satisfy the National Motor Vehicle Title Information System's reporting requirements in accordance with federal law, regulations, and rules.
        (3)     The demolisher or secondary metals recycler shall physically deliver or electronically transfer the completed and signed form to the Department of Motor Vehicles at the time of the transaction or no later than the end of the business day. The Department of Motor Vehicles shall develop, in a manner prescribed by the working group established pursuant to Subsection (F)(3), a system to allow for the transmission of the form, or the information required on the form, by electronic means in lieu of physical delivery. If the form, or the information required on the form, is transferred electronically, the demolisher or secondary metals recycler shall maintain the original form for a period of not less than two years. The Department of Motor Vehicles may collect a transaction fee from demolishers and secondary metal recyclers who physically deliver or electronically transmit forms, or the information required on the forms, to the Department of Motor Vehicles pursuant to this subsection. The fee must not exceed one dollar for each transaction. The Department of Motor Vehicles may provide a procedure whereby demolishers and secondary metals recyclers making repetitive transactions may maintain an account with the Department of Motor Vehicles for the payment of fees. The transaction fees collected pursuant to this subsection must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of implementing the scrap vehicle database pursuant to Subsection (F). Once sufficient funds have been collected by the Department of Motor Vehicles to defray the expenses of implementing the scrap vehicle database, or the Department of Motor Vehicles otherwise receives sufficient funding, the Department of Motor Vehicles shall no longer collect a transaction fee from demolishers and secondary metals recyclers who physically deliver or electronically transmit forms, or the information required on the forms, to the Department of Motor Vehicles pursuant to this subsection.
        (4)     The information obtained by the Department of Motor Vehicles from the demolisher or secondary metals recycler must be reported to the National Motor Vehicle Title Information System in a format that will satisfy the requirements for reporting such information in accordance with federal law, regulations, and rules.
        (5)     A demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle without a title certificate pursuant to this subsection is not liable to a person or entity who has a lien on a vehicle or a security interest in a vehicle, if the person or entity disposing of the vehicle affirms on the required form that the vehicle is free of liens and security interests and the demolisher or secondary metals recycler otherwise has no knowledge of any liens on the vehicle or security interests in the vehicle.
        (6)     A demolisher or secondary metals recycler who purchases or otherwise acquires a vehicle without a title certificate pursuant to this subsection shall not wreck, dismantle, demolish, or otherwise dispose of the vehicle until at least three business days after the transaction has taken place and the form, or the information required on the form, has been submitted to the Department of Motor Vehicle.
    (B)(C)     A demolisher or secondary metals recycler who purchases or otherwise acquires nonferrous metals, as defined by Section 16-17-680, must shall comply with and is subject to the provisions of Section 16-17-680.
    (C)(D)(1)         A demolisher or secondary metals recycler shall keep an accurate and complete record of all vehicles and vehicle parts with a total weight of twenty-five pounds or more purchased or received by him the demolisher or secondary metals recycler in the course of his business. These records shall must contain:
            (a)     the demolisher or secondary metals recycler's name and address;
            (b)     the name of the person entering the information;            
            (c)     the name and address of the person or entity from whom the vehicle or vehicle parts were purchased or received,;
            (d)     a photo or copy of the person's driver's license or other government issued picture identification card that legibly shows the person's name and address,. If the vehicle or vehicle parts are being purchased or received from an entity, the demolisher or secondary metals recycler shall obtain a photo or copy of the entity's agent's driver's license or other government issued picture identification card. If the demolisher or secondary metals recycler has a photo or copy of the person or entity's agent's identification on file, the demolisher or secondary metals recycler may reference the identification on file without making a photocopy for each transaction. If the person or entity's agent has no identification, the demolisher or secondary metals recycler shall not complete the transaction;
            (e)     the date when the purchases or receipts occurred, and;
            (f)     the year, make, model, and identification number of the vehicle or vehicle parts, if ascertainable, along with any other identifying features;
            (g)     the amount paid for the vehicle or vehicle parts;
            (h)     a photo or video of the vehicle or motor vehicle parts;
            (i)         the tag number and a photo or video of the vehicle used to transport the vehicle or vehicle parts being purchased or received, except when the demolisher or secondary metals recycler uses the demolisher or secondary metal recycler's vehicle to transport the vehicle or vehicle parts being purchased or received; and
            (j)         any forms or copies of forms required by this section.
        (2)     The records shall must be kept open for inspection by any law enforcement officer at any time during normal business hours. All vehicles on the demolisher or secondary metals recycler's property or otherwise in the possession of the demolisher or secondary metals recycler must be available for inspection by any law enforcement officer at any time during normal business hours.
        (3)     Any record required by this section must be kept by the demolisher or secondary metals recycler for at least one year two years after the transaction to which it applies.
    (D)(E)(1)     A person who knowingly and willfully violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars for each offense not to exceed five thousand dollars for the same set of transactions or occurrences, or imprisoned for not more than sixty days, or both. Each violation constitutes a separate offense. For a second or subsequent offense, the person is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars for each offense not to exceed ten thousand dollars for the same set of transactions or occurrences, or imprisoned for not more than three years, or both. Each violation constitutes a separate offense.
        (2)     A person who knowingly and willfully falsifies any information on a form or affidavit required by this section is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars, or imprisoned for not less than one year nor more than three years, or both.
        (3)     In lieu of criminal penalties, the Department of Motor Vehicle's director may issue an administrative fine not to exceed one thousand dollars for each violation, whenever the director, after a hearing, determines that a demolisher or secondary metals recycler has unknowingly and unwillfully violated any provisions of this section. The hearing and any administrative review must be conducted in accordance with the procedure for contested cases under the Administrative Procedures Act. The proceeds from the administrative fine must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of implementing this section.
        (4)     A vehicle used to transport a vehicle or vehicle parts illegally disposed of in violation of this section may be seized by law enforcement and is subject to forfeiture; provided, however, that no vehicle is subject to forfeiture unless it appears that the owner or other person in charge of the vehicle is a consenting party or privy to the commission of the crime, and a forfeiture of the vehicle encumbered by a security interest is subject to the interest of the secured party who had no knowledge of or consented to the act. The seizure and forfeiture must be accomplished in accordance with the provisions of Section 56-29-50.
    (F)(1)     The Department of Motor Vehicles shall develop and administer a scrap vehicle database. The purpose of the database is to:
            (a)     collect information regarding scrap vehicles submitted by demolishers and secondary metals recyclers;
            (b)     collect information regarding stolen vehicles submitted by law enforcement agencies;
            (c)     allow demolishers and secondary metals recyclers to access the database in order to determine if a vehicle is stolen; and
            (d)     allow law enforcement agencies to access the database to determine if information regarding a stolen vehicle has been submitted by a demolisher or secondary metals recycler.
        (2)     Pursuant to the South Carolina Consolidated Procurement Code, the Department of Motor Vehicles may contract with a private provider to develop the database and a system of transmitting information from demolishers, secondary metals recyclers, and law enforcement agencies to the Department of Motor Vehicles. The private provider shall not administer the database nor the system of transmitting information. The Department of Motor Vehicles shall solicit and receive at least two bids on the contract before awarding the contract.
        (3)     The Department of Motor Vehicles shall convene a working group chaired by the Director of the Department of Motor Vehicles or the director's designee for the purpose of assisting in the development of a form to be used for the disposal of vehicles to demolishers or secondary metals recyclers pursuant to this section, assisting in the development of a system to allow for the transmission of the form or information required on the form by electronic means, facilitating the implementation of the scrap vehicle database, assisting in development of regulations pursuant to this section, and issuing recommendations based on periodic review of the form and the scrap vehicle database by the working group. The working group must consist of representatives from the demolisher industry, secondary metals recycling industry, law enforcement agencies, the insurance industry, and other relevant agencies, organizations, or industries as determined by the director.
        (4)     The Department of Motor Vehicles shall make the database available to demolishers, secondary metals recyclers, and law enforcement agencies at no cost.
        (5)     The database must include, at a minimum, the ability of:
            (a)     demolishers and secondary metals recyclers to determine if a vehicle has been stolen prior to completing a transaction;
            (b)     demolishers or secondary metals recyclers to report to the Department of Motor Vehicles after a vehicle has been wrecked, dismantled, demolished, or otherwise disposed of;
            (c)     the Department of Motor Vehicles to check the information submitted by the demolishers and secondary metals recyclers against the Department of Motor Vehicles' records; and
            (d)     law enforcement agencies to check the information submitted by the demolishers and secondary metals recyclers for the purposes of investigating stolen vehicles.
        (6)     The State is not liable to any person for gathering, managing, or using information in the database pursuant to this subsection. No demolisher, secondary metals recycler, or law enforcement agency is liable for performing its duties pursuant to this subsection unless the demolisher, secondary metals recycler, or law enforcement agency commits a wilful and wanton act or omission. It is unlawful for a person to disclose any confidential information to a person or entity that is not permitted to have access to the information. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year and fined not more than one thousand dollars.
        (7)     A law enforcement officer who learns of the theft of a vehicle not since recovered or of the recovery of a vehicle whose theft or conversion the officer knows or has reason to believe has been reported to the Department of Motor Vehicles shall report the theft or recovery to the Department of Motor Vehicles pursuant to Section 56-19-810. The information from such report must be entered into the database."

    SECTION     8.     Section 56-19-480(A) of the 1976 Code is amended to read:

    "(A)     An owner who scraps, dismantles, destroys, or in any manner disposes to another, except to a demolisher or secondary metals recycler, as wreckage or salvage, a motor vehicle otherwise required to be titled in this State immediately shall mail or deliver to the Department of Motor Vehicles the vehicle's certificate of title notifying the department to whom the vehicle is delivered together with a report indicating the type and severity of any damage to the vehicle. A person or entity who disposes of a vehicle to a demolisher or secondary metals recycler shall provide the vehicle's title certificate to the demolisher or secondary metals recycler so that the demolisher or secondary metals recycler can surrender the title certificate to the Department of Motor Vehicles pursuant to Section 56-5-5670 and Section 56-5-5945."

    SECTION     9.     The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

    SECTION     10.     Subsection (F)(3) of Section 56-5-5670 of the 1976 Code as contained in SECTION 6 and Subsection (F)(3) of Section 56-5-5945 of the 1976 Code as contained in SECTION 7 take effect upon approval by the Governor. All other provisions of this act take effect one hundred and eighty days after approval by the Governor.         /
Renumber sections to conform.
Amend title to conform.