South Carolina General Assembly
110th Session, 1993-1994

Bill 3921


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3921
Primary Sponsor:                Cromer
Committee Number:               25
Type of Legislation:            GB
Subject:                        Copper wire or pipe
Residing Body:                  House
Current Committee:              Judiciary
Companion Bill Number:          549
Computer Document Number:       DKA/4528AL.93
Introduced Date:                19930413
Last History Body:              House
Last History Date:              19930413
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Cromer
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3921  House   19930413      Introduced, read first time,    25
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF COPPER WIRE AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-17-680 of the 1976 Code is amended to read:

"Section 16-17-680. (A) It shall be is unlawful to purchase copper wire or copper pipe in excess of twenty-five pounds from any a person that is not a holder of a retail license or an authorized wholesaler or unless the purchaser obtains and can verify the name and address of the seller. Every A purchaser of copper wire or copper pipe shall maintain a record containing the date of purchase, name and address of seller, weight or length, and size or other description of copper wire or copper pipe purchased and amount paid therefor for it. Such records shall Records must be maintained and kept open for inspection during regular business hours by duly authorized law enforcement officials or local and state governmental agencies during regular business hours. The records must be maintained for a period of twelve months from the date of each purchase.

(B) It shall be is unlawful for any a person to transport or have in his possession on highways of this State, in any a vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting such copper wire or copper pipe, an amount of copper wire or copper pipe of an aggregate weight of more than twenty-five pounds, unless such the person shall have has in his possession:

(1) a bill of sale pertaining to such copper wire or copper pipe signed by:

(a) a holder of a retail license for a business engaged in the sale of copper wire or copper pipe; or

(b) an authorized wholesaler engaged in the sale of copper wire or copper pipe; or

(c) a registered dealer in scrap metals; or

(2) in the event the person from whom the copper wire or copper pipe was purchased was other than one of the above enumerated persons or firms, a certificate of origin signed by the sheriff, or his designated representative, of the county in which the purchase was made.

Such The bill of sale or certificate of origin shall clearly must identify the material to which it applies and show thereon the name and address of the seller, license plate of the vehicle in which such the material is delivered to the purchaser, identified by license number, year, and state of issue, the name and address of the purchaser, the date of sale, and the type and amount of copper wire or copper pipe purchased.

(C) For purposes of this section, lawful verification of the name and address of the seller is:

(1) a valid South Carolina driver's license;

(2) a South Carolina identification card issued by the Department of Highways and Public Transportation;

(3) a valid driver's license from another state; or

(4) a valid identification card issued by the United States government.

(D) Any A person violating who violates the provisions of this section shall be deemed is guilty of a:

(1) misdemeanor and, upon conviction, shall must be fined not more than five hundred dollars or imprisoned not more than thirty days for a first offense;

(2) misdemeanor and, upon conviction, must be fined not more than five hundred one thousand dollars or be imprisoned for not more than one year ninety days, or both, for a second offense;

(3) misdemeanor, and upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(E) A conviction or entry of a plea of guilty or nolo contendere for a violation of this subsection constitutes a prior offense for the purpose of any prosecution for a subsequent violation of this subsection. For an offense to be considered a second offense under this subsection, only those offenses which occurred within a period of five years including and immediately preceding the date of the last offense constitute a prior offense within the meaning of this subsection. For an offense to be considered a third or subsequent offense under this subsection, only those offenses which occurred within a period of ten years including and immediately preceding the date of the last offense constitute a prior offense within the meaning of this subsection."

SECTION 2. This act takes effect upon approval by the Governor.

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