Download This Bill in Microsoft Word format
A97, R141, H3817
STATUS INFORMATION
General Bill
Sponsors: Reps. G.M. Smith, Weeks and G. Brown
Document Path: l:\council\bills\ms\7248ahb07.doc
Introduced in the House on March 29, 2007
Introduced in the Senate on April 26, 2007
Last Amended on June 5, 2007
Passed by the General Assembly on June 6, 2007
Governor's Action: June 14, 2007, Signed
Summary: Transportation of aluminum
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/29/2007 House Introduced and read first time HJ-17
3/29/2007 House Referred to Committee on Labor, Commerce and Industry
HJ-17
4/11/2007 House Recalled from Committee on Labor, Commerce and Industry
HJ-24
4/11/2007 House Referred to Committee on Judiciary HJ-24
4/24/2007 House Recalled from Committee on Judiciary HJ-123
4/25/2007 House Read second time HJ-34
4/25/2007 Scrivener's error corrected
4/26/2007 House Read third time and sent to Senate HJ-7
4/26/2007 Senate Introduced and read first time SJ-5
4/26/2007 Senate Referred to Committee on Judiciary SJ-5
4/26/2007 Senate Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie,
Vaughn
5/30/2007 Senate Committee report: Favorable with amendment Judiciary
SJ-13
5/31/2007 Senate Committee Amendment Adopted SJ-52
5/31/2007 Senate Read second time SJ-52
6/4/2007 Scrivener's error corrected
6/5/2007 Senate Amended SJ-30
6/5/2007 Senate Read third time and returned to House with amendments
SJ-30
6/6/2007 House Concurred in Senate amendment and enrolled HJ-5
6/7/2007 Ratified R 141
6/14/2007 Signed By Governor
6/20/2007 Copies available
6/20/2007 Effective date 06/14/07
6/27/2007 Act No. 97
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/29/2007
4/24/2007
4/25/2007
5/30/2007
5/31/2007
6/4/2007
6/5/2007
(A97, R141, H3817)
AN ACT TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR COPPER PIPE, SO AS TO INCLUDE ALUMINUM, PRODUCTS CONTAINING A MIXTURE OF COPPER AND ALUMINUM, AND STAINLESS STEEL BEER KEGS OR CONTAINERS AND TO PROVIDE AN EXCEPTION FOR ALUMINUM CANS.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful purchase or transportation of copper, aluminum, and beer kegs
SECTION 1. Section 16-17-680 of the 1976 Code is amended to read:
"Section 16-17-680. (A) 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, 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. 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. 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) 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."
Savings clause
SECTION 2. 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.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 8th day of June, 2007.
Approved the 14th day of June, 2007.
This web page was last updated on Wednesday, December 2, 2009 at 3:41 P.M.