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COMMITTEE REPORT
May 7, 2008
H. 4930
S. Printed 5/7/08--S. [SEC 5/8/08 3:59 PM]
Read the first time April 17, 2008.
To whom was referred a Bill (H. 4930) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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 nonferrous metals in any amount from a person who is not a holder of a retail license or an authorized wholesaler or unless the purchaser is a secondary metals recycler and 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 secondary metals recycler shall maintain a record containing the date of purchase, name and address of the seller, a photocopy of the seller's identification, the license plate number of the seller's motor vehicle, 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 the nonferrous metals 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 nonferrous metals being sold. Records All nonferrous metals that are purchased by and are in the possession of a secondary metals 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 two 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. A secondary metals recycler may only purchase nonferrous metals for cash consideration from a fixed location.
(C)(1) 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. Whenever a law enforcement officer has reasonable cause to believe that any item of nonferrous metal in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice must be in writing, be delivered to the secondary metals recycler, specifically identify those items of nonferrous metal that are believed to have been stolen and that are subject to the notice, and inform the secondary metals recycler of the information contained in this subsection. Upon receipt of the notice, the secondary metals recycler must not process or remove the items of nonferrous metal identified in the notice, or any portion thereof, from the secondary metal recycler's place of business for fifteen calendar days after receipt of the notice unless released prior to the fifteen-day period by the law enforcement officer.
(2) No later than the expiration of the fifteen-day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice must be in writing, be delivered to the secondary metals recycler, specifically identify those items of nonferrous metal that are believed to have been stolen and that are subject to the extended hold notice, and inform the secondary metals recycler of the information contained in this subsection. Upon receipt of the extended hold notice, the secondary metals recycler must not process or remove the items of nonferrous metal identified in the notice, or any portion thereof, from the secondary metals recycler's place of business for thirty calendar days after receipt of the extended hold notice unless released prior to the thirty-day period by the law enforcement officer.
(3) At the expiration of the hold period or, if extended, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the nonferrous metals unless other disposition has been ordered by a court of competent jurisdiction.
(D) 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) 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.
(F) For purposes of this section:
(1) 'Nonferrous metals' means metals not containing significant quantities of iron or steel, including copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, and stainless steel beer kegs or containers.
(2) 'Secondary metals recycler' means any person who is engaged in the business of paying compensation for nonferrous metals that have served their original economic purpose, whether or not the person is engaged in the business of performing the manufacturing process by which nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value.
(3) 'Fixed location' means any site occupied by a secondary metals recycler as the owner of the site or as a lessee of the site under a lease or other rental agreement providing for occupation of the site by a secondary metals recycler for a total duration of not less than three hundred sixty-four days.
(G) The provisions of this section do not apply to the purchase or sale of aluminum cans.
(H) This section preempts local ordinances and regulations governing the purchase or sale of nonferrous metals in any amount, except to the extent that such ordinances pertain to zoning or business license fees. This section shall not preempt the ability of a political subdivision of the State to enact ordinances or regulations pertaining to zoning or business license fees. Political subdivisions of the State may not enact ordinances or regulations more restrictive than those contained in this section."
SECTION 2. Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-523. (A) For purposes of this section, 'nonferrous metals' means metals not containing significant quantities of iron or steel, including copper wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, and stainless steel beer kegs or containers.
(B) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals in any amount.
(C) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both, if:
(a) the direct injury to the property, including any fixtures or improvements, caused by the act;
(b) the amount of loss in value to the property, including any fixtures or improvements, caused by the act;
(c) the amount of repairs necessary to return the property, including any fixtures or improvements, to their condition before the act; or
(d) the property loss, including any fixtures or improvements, is one thousand dollars or less;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if:
(a) the direct injury to the property, including any fixtures or improvements, caused by the act;
(b) the amount of loss in value to the property, including any fixtures or improvements, caused by the act;
(c) the amount of repairs necessary to return the property, including any fixtures or improvements, to their condition before the act; or
(d) the property loss, including any fixtures or improvements, is more than one thousand dollars but less than five thousand dollars; or
(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if:
(a) the direct injury to the property, including any fixtures or improvements, caused by the act;
(b) the amount of loss in value to the property, including any fixtures or improvements, caused by the act;
(c) the amount of repairs necessary to return the property, including any fixtures or improvements, to their condition before the act; or
(d) the property loss, including any fixtures or improvements, is five thousand dollars or more.
(D)(1) A person who violates the provisions of this section and the violation results in great bodily injury to another person is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. For purposes of this subsection, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(2) A person who violates the provisions of this section and the violation results in the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(E)(1) A public or private landowner or a 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 nonferrous metals in any amount.
(2) A public or private landowner or a 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 nonferrous metals 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. 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 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JOHN D. HAWKINS for Committee.
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.
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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