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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 16, 2008
H. 4930
S. Printed 4/16/08--H.
Read the first time April 2, 2008.
TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PURCHASE OF COPPER, SO AS TO PROVIDE THAT THE PURCHASER OF CERTAIN METALS FROM A PERSON WHO IS NOT AN AUTHORIZED RETAILER OR WHOLESALER MUST PAY BY CHECK OR MONEY ORDER, OBTAIN THE SELLER'S IDENTIFICATION NUMBER AND LICENSE PLATE, AND MAINTAIN THE RECORD FOR FIVE YEARS; AND BY ADDING SECTION 16-11-523, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY AND MALICIOUSLY CUT, MUTILATE, OR DEFACE REAL PROPERTY FOR THE PURPOSE OF OBTAINING CERTAIN METALS, TO PROVIDE PENALTIES, AND TO PROVIDE CIVIL LIABILITY FOR THE VICTIMS OF THE ATTEMPTED THEFT OF CERTAIN METALS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-680 of the 1976 Code, as last amended by Act 97 of 2007, is further amended to read:
"Section 16-17-680. (A)(1) It is unlawful to purchase copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount from a person who 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. A purchaser of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers shall maintain a record containing the date of purchase, name and address of seller, the seller's identification number and the source of identification, the license plate number of the seller's motor vehicle if present, the seller's photograph, weight or length, and size or other description of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers purchased and, amount paid for it, and a signed statement from the seller stating that he is the rightful owner or is entitled to sell the property being sold. All regulated property that was purchased by and is in the possession of a metal recycler and all records required to be kept by this section must be maintained and kept open for inspection by law enforcement officials or local and state governmental agencies during regular business hours. The records must be maintained for twelve months three years from the date of purchase. The provisions of this subsection do not apply to the purchase or sale of aluminum cans.
(B) It is unlawful for a person to transport or have in his possession on highways of this State, in a vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers, an amount of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers of an aggregate weight of more than twenty-five pounds, unless the person has in his possession:
(1) a bill of sale signed by:
(a) a holder of a retail license for a business engaged in the sale of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers;
(b) an authorized wholesaler engaged in the sale of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers;
(c) a registered dealer in scrap metals; or
(2) a certificate of origin signed by the sheriff, or his designated representative, of the county in which the purchase was made.
(C) The bill of sale or certificate of origin pursuant to subsection (B) clearly must identify the material to which it applies and show the name and address of the seller, license plate of the vehicle in which 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, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers purchased.
(D) This section does not apply to the purchase of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount from a manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.
(E) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days for a first offense. This offense is triable in magistrates court;
(2) misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both, for a second offense;
(3) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both, for a third or subsequent offense. For an offense to be considered a third or subsequent offense, only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense shall constitute a prior offense within the meaning of this section.
(E)(F) For purposes of this section, the only identification acceptable is a:
(1) valid South Carolina driver's license;
(2) South Carolina identification card issued by the Department of Motor Vehicles;
(3) valid driver's license from another state that contains the licensee's picture on the face of the license; or
(4) valid military identification card.
(G) This chapter preempts all local ordinances and regulations governing the purchase or sale of copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount. Political subdivisions of the State may not enact ordinances or regulations more restrictive than those contained in this chapter."
SECTION 2. Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-523. (A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any real property for the purpose of obtaining copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is more than five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is more than one thousand dollars but less than five thousand dollars; or
(3) misdemeanor and, upon conviction, must not be fined more than three thousand five hundred dollars or imprisoned not more than three years thirty days, or both, if the direct injury to the property caused by the malicious act, the amount of loss in value to the property caused by the act, the amount of repairs necessary to return the property to its condition before the act, or the property loss is one thousand dollars or less.
(C)(1) A public or private landowner or the possessor of land is not civilly liable to a person who is injured during the theft or attempted theft, by the person or a third party, of copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount.
(2) A public or private landowner or the possessor of land is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of copper wire, copper pipe, copper bars, copper sheeting, aluminum, or a product that is a mixture of aluminum and copper, or stainless steel beer kegs or containers in any amount, of the landowner or the possessor when the landowner or possessor did not know and could not have reasonably known of the dangerous condition.
(3) This subsection does not create or impose a duty of care upon a landowner or possessor of land that would not otherwise exist under common law."
SECTION 3. This act takes effect upon approval by the Governor.
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