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S. 642
STATUS INFORMATION
General Bill
Sponsors: Senator Reese
Document Path: l:\council\bills\ms\7372ahb05.doc
Introduced in the Senate on March 22, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Aluminum, brass, and stainless steel
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/22/2005 Senate Introduced and read first time SJ-4
3/22/2005 Senate Referred to Committee on Judiciary SJ-4
3/24/2005 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts,
Bryant
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE, COPPER PIPE, COPPER BARS, OR COPPER SHEETING, SO AS TO INCLUDE ALUMINUM, BRASS, AND STAINLESS STEEL AND TO PROVIDE AN EXCEPTION.
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 51 of 2003, is further amended to read:
"Section 16-17-680. (A) It is unlawful to purchase copper wire, copper pipe, copper bars, or copper sheeting, or aluminum, brass, and stainless steel in excess of ten pounds from a person who is not a holder of a retail license or, an authorized wholesaler, registered dealer in these metals, or unless the purchaser obtains and can verify the name and address of the seller. A purchaser of copper wire, copper pipe, copper bars, or copper sheeting, or aluminum, brass, and stainless steel shall maintain a record containing the date of purchase, name and address of seller, acceptable identification of the seller as provided in subsection (D), weight or length, and size or other description of copper wire, copper pipe, copper bars, or copper sheeting, or aluminum, brass, and stainless steel purchased and amount paid for it. Records 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 from the date of purchase.
(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, or copper sheeting, or aluminum, brass, and stainless steel, an amount of copper wire, copper pipe, copper bars, or copper sheeting, or aluminum, brass, and stainless steel 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, or copper sheeting, or aluminum, brass, and stainless steel;
(b) an authorized wholesaler engaged in the sale of copper wire, copper pipe, copper bars, or copper sheeting, or aluminum, brass, and stainless steel; or
(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.
The bill of sale or certificate of origin 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, or copper sheeting, or aluminum, brass, and stainless steel purchased.
(C) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrates court 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 magistrate's 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 constitutes a prior offense within the meaning of this section item.
(D) For purposes of this section, the only identification acceptable is:
(1) a valid South Carolina driver's license;
(2) a South Carolina identification card issued by the Department of Motor Vehicles;
(3) a valid driver's license from another state that contains the licensee's picture on the face of the license; or
(4) a valid military identification card.
(E) The provisions of this section do not apply to used beverage containers."
SECTION 2. This act takes effect upon approval by the Governor.
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