New North Carolina Scrap Metal Laws

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North Carolina Scrap Metal Laws NC State Law Requires: Payment by check for any purchase of $100.oo or more. o All payments for cars must be made by check. Fingerprints when buying catalytic converters and/or air conditioning evaporators and condensers. You will need to bring a State or federally issued Identification card or driver’s license. You may not use credit cards, social security cards, debit cards, employer issued ID cards or any ID you bought online. And you cannot transact business using someone else’s name, business name or ID. (If you operate a licensed business and need to send employees to the recycling center on behalf of your business then please call first so that we can make the process easier for your business.) If you’re selling copper, catalytic converters, HVAC (Air Conditioning) parts or junk cars you will be asked for your fingerprint and/or thumbprint. o Any junk car that is less than 10 years old requires a state issued title to be given to the buyer (recycler/recycling center/junk yard) before you will be paid for the car. Cars older than 10 years old may be junked without a title. NC State Law Forbids The Buying Of: *Any regulated metal marked with the initials or other identification of a telephone, cable, electric, water, or other public utility, or any brewer. *Any utility access cover. *Any street light pole or fixture. *Any road or bridge guard rail. *Any highway or street sign. *Any water meter cover. *Any metal beer keg, including any made of stainless steel that is clearly marked as being property of the beer manufacturer. *Any traffic directional or control sign. *Any traffic light signal. *Any regulated metal marked with the name of a government entity. *Any property owned by a railroad and marked and otherwise identified as such. * Any historical marker or any grave marker or burial vase.

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Transcript of New North Carolina Scrap Metal Laws

Page 1: New North Carolina Scrap Metal Laws

North Carolina Scrap Metal Laws

NC State Law Requires:Payment by check for any purchase of $100.oo or more.

o All payments for cars must be made by check. Fingerprints when buying catalytic converters and/or air conditioning evaporators and

condensers. You will need to bring a State or federally issued Identification card or driver’s license. You may not use credit cards, social security cards, debit cards, employer issued ID cards

or any ID you bought online. And you cannot transact business using someone else’s name, business name or ID. (If you operate a licensed business and need to send employees to the recycling center on behalf of your business then please call first so that we can make the process easier for your business.)

If you’re selling copper, catalytic converters, HVAC (Air Conditioning) parts or junk cars you will be asked for your fingerprint and/or thumbprint.

o Any junk car that is less than 10 years old requires a state issued title to be given to the buyer (recycler/recycling center/junk yard) before you will be paid for the car. Cars older than 10 years old may be junked without a title.

NC State Law Forbids The Buying Of:*Any regulated metal marked with the initials or other identification of a telephone, cable, electric, water, or other public utility, or any brewer.*Any utility access cover.*Any street light pole or fixture.*Any road or bridge guard rail.*Any highway or street sign.*Any water meter cover.*Any metal beer keg, including any made of stainless steel that is clearly marked as being property of the beer manufacturer.*Any traffic directional or control sign.*Any traffic light signal.*Any regulated metal marked with the name of a government entity.*Any property owned by a railroad and marked and otherwise identified as such.* Any historical marker or any grave marker or burial vase.It is against Federal Laws to dump the following onto the grounds of any scrap metal dealer or recycling center:*Leaking lead-acid batteries.*Tanks, barrels, drums, cans, bottles or other containers filled or partially filled with, gasoline, oils, automotive fluids, Freon or other refrigerants, CFCs, HCFCs, Hydrogen, Mercury, Propane, Natural gas, Kerosene, Diesel fuel, home heating oil or any other chemical known to be hazardous to people, pets or the environment.*Anything that is radioactive or may contain traces of radioactive isotopes.*Appliances that use Freon or other refrigerants must be evacuated before bringing them to the recycling center.

Selling Requirements

Pursuant North Carolina law, all customers selling scrap metal must produce a valid form of picture identification, must disclose the address where the material was obtained, and must confirm in writing that they have the legal right to dispose of the material.

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North Carolina General Statutes

§ 66-11 Dealing in regulated metals property; penalties

a) Definitions. As used in this section:

(1) "Law enforcement officer" means any duly constituted law enforcement officer of the State or of any municipality or county.

(2) "Regulated metals property" means all ferrous and nonferrous metals.

(3) "Secondary metals recycler" means any person, firm, or corporation in the State:

a. That, from a fixed location or otherwise, is engaged in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or

b. That has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, by methods including, but not limited to, the processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content of the metals, but not including the exclusive use of hand tools.

(4) "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 the secondary metals recycler for a total duration of not less than 364 days.

(a1) Receipt Required. A secondary metals recycler shall issue a receipt to the person delivering the regulated metals property for all purchase transactions in which the secondary metals recycler purchases regulated metals property. This receipt shall be signed by the person delivering the materials, and the secondary metals recycler shall be able to provide documentation regarding the employee who completed the transaction.

(b) Records Required.

(1) A secondary metals recycler shall maintain a record of all purchase transactions in which the secondary metals recycler purchases regulated metals property.

(2) The following information shall be maintained for transactions in which a secondary metals recycler purchases regulated metals property:

a. The name and address of the secondary metals recycler.

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b. The name, initials, or other identification of the individual entering the information.

c. The date of the transaction.

d. The weight of the regulated metals property purchased.

e. The description made in accordance with the custom of the trade of the type of regulated metals property purchased and the physical address where the regulated metals were obtained by the seller, and a statement signed by the seller or the seller's agent certifying that the seller or the seller's agent has the lawful right to sell and dispose of the property.

f. The amount of consideration given for the regulated metals property.

g. The name and address of the vendor of the regulated metals property and the license plate number of the vehicle used to deliver the regulated metals.

h. A photocopy or electronic scan of the drivers license or state or federally issued photo identification card of the person delivering the regulated metals property to the secondary metals recycler. If the secondary metals recycler has a copy of the valid photo identification of the person delivering the regulated metals property on file, the secondary metals recycler must examine the photo identification, but may reference the photo identification that is on file without making a separate photocopy or electronic scan for each subsequent transaction. If the person delivering the regulated metals property does not have a drivers license or a state or federally issued photo identification card, the secondary metals recycler shall not complete the transaction.

i. A copy of the receipt required under subsection (a1) of this section when all the information required under subsection (a1) of this section is clear and legible or, in the event the copy of the receipt is not clear or not legible, the original receipt.

j. In transactions involving catalytic converters that are not attached to a vehicle, and central air conditioner evaporator coils or condensers, the person delivering the materials shall place next to that person's signature on the receipt required under subsection (a1) of this section, a clear impression of that person's index finger that is in ink and free of any smearing. A secondary metals recycler may elect to obtain the fingerprint electronically. If the secondary metals recycler has a copy of the fingerprint of the person delivering the nonferrous metal on file, the secondary metals recycler must examine the photo identification but may reference the fingerprint that is on file without making a separate fingerprint for each subsequent transaction.

(3) A secondary metals recycler shall keep and maintain the information required under this subsection for not less than two years from the date of the purchase of the regulated metals property. Records shall be securely maintained at all times and shall be destroyed in a manner that protects the identity of the owner of the property, the seller of the property, and the purchaser of the property.

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(c) Inspection of Regulated Metals Property and Records. During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall have the right to inspect all of the following:

(1) Any and all purchased regulated metals property in the possession of the secondary metals recycler.

(2) Any and all records required to be maintained under subsection (b) of this section.

A secondary metals recycler shall make receipts for the purchase of regulated metals property available for pickup each regular workday if requested by the sheriff or chief of police of the county or the chief of police of the municipality in which the secondary metals recycler is located. The sheriff or the chief of police may request these receipts to be electronically transferred directly to the law enforcement agency. Records retained by a law enforcement agency shall be securely retained as required by law and destroyed in a manner that protects the identity of the owner of the property, the seller of the property, and the purchaser of the property.

(c1) Records submitted to any public law enforcement agency pursuant to this section are records of criminal investigations or records of criminal intelligence information as defined in G.S. 132-1.4 and are not public records as defined by G.S. 132-1.

(d) Purchase Limitations. No secondary metals recycler shall do any of the following:

(1), (2) Repealed by Session Laws 2009-200, s. 1, effective October 1, 2009, and applicable to purchases and offers of purchase that occur on or after that date.

(3) Purchase any central air conditioner evaporator coils or condensers, or catalytic converters that are not attached to a vehicle, except that a secondary metals recycler may purchase these items from a company, contractor, or individual that is in the business of installing, replacing, maintaining, or removing these items, provided the secondary metals recycler is prohibited from paying cash or making payment of any kind for any central air conditioner evaporator coil or condenser in whole or in part or a catalytic converter that is not attached to a vehicle. The payment for these metals is to be made by check or money order made out to the company, contractor, or individual. Payment for these metals may also be made using a cash card system that captures the photograph of the person selling these metals if the secondary metals recycler maintains the photograph for 90 days.

(4) Purchase other nonferrous metal property not listed in subdivision (5) of this subsection for any cash consideration greater than one hundred dollars ($100.00) per transaction. The secondary metals recycler may purchase other nonferrous metal property for an amount in excess of one hundred dollars ($100.00) if the payment is made by check, money order, or a cash card system that captures the photograph of the person selling the nonferrous metal if the secondary metals recycler maintains the photograph for 90 days.

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(5) Except as provided in subsection (g) of this section, purchase:

a. Any regulated metal marked with the initials or other identification of a telephone, cable, electric, water, or other public utility, or any brewer.

b. Any utility access cover.

c. Any street light pole or fixture.

d. Any road or bridge guard rail.

e. Any highway or street sign.

f. Any water meter cover.

g. Any metal beer keg, including any made of stainless steel that is clearly marked as being the property of the beer manufacturer.

h. Any traffic directional or control sign.

i. Any traffic light signal.

j. Any regulated metal marked with the name of a government entity.

k. Any property owned by a railroad and marked and otherwise identified as such.

l. Any historical marker or any grave marker or burial vase.

(d1) Retain Metals for Seven Days Before Selling or Altering. Any secondary metals recycler owner convicted of a felonious violation of this Chapter, G.S. 14-71, 14-71.1, or 14-72 shall hold and retain any regulated metals product, except for iron and steel products, for seven days from the date of purchase before selling, dismantling, defacing, or in any manner altering or disposing of the regulated metals property.

(e) Right to Restitution. The court may order a defendant to make restitution to the secondary metals recycler for any damage or loss caused by the defendant arising out of an offense committed by the defendant.

(f) Violations. Unless the conduct is covered by some other provision of law providing greater punishment, any person knowingly and willfully violating any of the provisions of this section shall be guilty of a Class 1 misdemeanor for a first offense. A second or subsequent violation of this section is a Class I felony.

(g) Exemptions. This section does not apply to:

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(1) Purchases of regulated metals property from a manufacturing, industrial, government, or other commercial vendor that generates or sells regulated metals property in the ordinary course of its business.

(2) Purchases of regulated metals property that involve only beverage containers.

(h) Preemption. A county or municipality shall not enact any local law, ordinance, or regulation regulating secondary metals recyclers or regulated metals property that conflicts with this section, and this law preempts all existing laws, ordinances, or regulations. (1907, c. 464; 1909, c. 855, s. 1; C.S., s. 5091; 1967, c. 792; 1971, c. 1231, s. 1; 1975, c. 182, s. 2; 1993, c. 295, s. 2; c. 539, s. 505; 1994, Ex. Sess., c. 14, s. 40; c. 24, s. 14(c); 2007-301, s. 1; 2009-200, s. 1.)

§ 66-11.1 Transportation of copper

It shall be unlawful for any person to transport or have in his possession on highways of this State, in any vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting such copper, an amount of such copper of an aggregate weight of more than 25 pounds, unless such person shall have in his possession

(1) A bill of sale pertaining to such copper signed by (i) a holder of a sales and use tax registration number from the North Carolina Department of Revenue; or (ii) an authorized wholesaler engaged in the sale of such copper; or (iii) a registered dealer in scrap metals; or (iv) a seller of antiques or objects of art; or

(2) In the event the person from whom such copper 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 bill of sale or certificate of origin shall clearly 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 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 such copper purchased.

Any person violating the provisions of this section shall be deemed guilty of a Class 2 misdemeanor. (1975, c. 182, s. 1; 1993, c. 539, s. 506; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 66-11.2 Forfeiture of vehicles used to transport unlawfully obtained regulated metals property

(a) Vehicles which are used or intended for use to convey or transport, or in any manner to facilitate the conveyance or transportation of unlawfully obtained regulated metals property, as defined by this Article, are subject to forfeiture, except that:

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(1) No conveyance shall be forfeited under the provisions of this section by reason of any act or omission, committed or omitted while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any state;

(2) No conveyance shall be forfeited unless the violation involved is a felony;

(3) A forfeiture of a vehicle encumbered by a bona fide security interest is subject to the interest of the secured party who had no knowledge of or consented to the act or omission;

(4) No conveyance shall be forfeited under the provisions of this section unless the owner knew or had reason to believe the vehicle was being used in the commission of any violation that may subject the conveyance to forfeiture under this section.

(b) Any vehicle subject to forfeiture under this section may be seized by any law enforcement officer upon process issued by any district or superior court having jurisdiction over the vehicle except that seizure without such process may be made when:

(1) The seizure is incident to an arrest or a search under a search warrant;

(2) The vehicle subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding under this section.

(c) Vehicles taken or detained under this section shall not be repleviable, but shall be deemed to be in custody of the law enforcement agency seizing it, which may:

(1) Place the vehicle under seal; or

(2) Remove the vehicle to a place designated by it; or

(3) Request that the North Carolina Department of Justice take custody of the vehicle and remove it to an appropriate location for disposition in accordance with law.

Any vehicle seized by a State, local, or county law enforcement officer shall be held in safekeeping as provided in this subsection until an order of disposition is properly entered by the judge.

(d) Whenever a vehicle is forfeited under this section, the law enforcement agency having custody of it may:

(1) Retain the vehicle for official use; or

(2) Sell any forfeited vehicle, provided that the proceeds be disposed of for payment of all proper expenses of the proceedings for forfeiture and sale, including expense of seizure, maintenance of custody, advertising, and court costs; or

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(3) Transfer any vehicles which are forfeited under the provisions of this section to the North Carolina Department of Justice when, in the discretion of the presiding judge and upon application of the North Carolina Department of Justice, said vehicle may be of official use to the North Carolina Department of Justice;

(4) Upon determination by the director of any law enforcement agency that a vehicle transferred pursuant to the provisions of this section is of no further use to said agency for use in official investigations, such vehicle may be sold as surplus property in the same manner as other vehicles owned by the law enforcement agency, and the proceeds from such sale after deducting the cost of sale shall be paid to the treasurer or proper officer authorized to receive fines and forfeitures to be used for the school fund of the county in the county in which said vehicle was seized; provided, that any vehicle transferred to any law enforcement agency under the provisions of this section which has been modified to increase speed shall be used in the performance of official duties only and not for resale, transfer, or disposition other than as junk. (2007-301, s. 3.)

North Carolina General Statutes § 66-10 Failure of dealers of scrap, salvage, or surplus to keep record of purchases of certain items misdemeanor

(a) Every person, firm, or corporation buying rubber or leather, rubber belts, and belting, as scrap, salvage, or surplus shall keep a register containing a true and accurate record of each purchase, including the description of the article purchased, the name from whom purchased, the amount paid for the article purchased, the date of the purchase, and any and all marks or brands upon the rubber or leather, rubber belts, and belting. This register and the rubber, leather, rubber belts, and belting purchased shall be at all times open to the inspection of the public. A failure to comply with these requirements or the making of a false entry concerning the rubber or leather, rubber belts, or belting shall constitute a Class 1 misdemeanor.

(b) Every person, firm, or corporation engaged in the business of buying or dealing in scrap, salvage, or surplus, including glass, waste paper, burlap, cloth, cordage, rubber, leather, or belting of every kind, in addition to the above requirements under subsection (a) of this section, shall make and keep a record of the name and address of the person from whom this scrap, salvage, or surplus is purchased and the license number, if any, and if there is no license, a description of the vehicle in which this scrap, salvage, or surplus is delivered. Any person, firm, or corporation which fails to comply with the requirements of this subsection shall be guilty of a Class 3 misdemeanor and upon conviction shall only be fined not in excess of fifty dollars ($50.00) in the discretion of the court. (1917, c. 46; C.S., s. 5090; 1957, c. 791; 1993, c. 295, s. 1, c. 539, s. 504; 1994, Ex. Sess., c. 24, s. 14(c).)

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SENATE DRS85133-LD-10A* (01/26)Short Title: Prevent the Theft of Scrap Metals. (Public)Sponsors: Senator Rucho.Referred to:A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE REQUIREMENTS REGARDING SECONDARY METALS RECYCLING OF REGULATED METALS PROPERTY IN ORDER TO PREVENT THE THEFT OF THIS PROPERTY.

The General Assembly of North Carolina enacts:SECTION 1. G.S. 66-11 reads as rewritten: "§ 66-11. Dealing in regulated metals property; penalties.(a) Definitions. – As used in this section: (1) "Law enforcement officer" means any duly constituted law enforcement officer of the State or of any municipality or county.(2)"Regulated metals property" means all ferrous and nonferrous metals.(3) "Secondary metals recycler" means any person, firm, or corporation in the State:

a. That, from a fixed location or otherwise, is engaged in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or

b. That has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, by methods including, but not limited to, the processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content of the metals, but not including the exclusive use of hand tools.

(4) "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 the secondary metals recycler for a total duration of not less than 364 days.

(a1) Receipt Required. – A secondary metals recycler shall issue a receipt to the person delivering the regulated metals property for all purchase transactions in which the secondary 35 metals recycler purchases regulated metals property. This receipt shall be signed by both the person receiving the materials and the person delivering the materials. The person delivering the materials shall place next to that person's signature on the receipt a clear impression of that person's index finger that is in ink and free of any smearing.

(b) Records Required. –(1) A secondary metals recycler shall maintain a record of all purchase transactions in which the secondary metals recycler purchases regulated metals property.(2) The following information shall be maintained for transactions in which a secondary metals recycler purchases regulated metals property:

a. The name and address of the secondary metals recycler.b. The name, initials, or other identification of the individual entering the information.

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c. The date of the transaction.d. The weight of the regulated metals property purchased.e. The description made in accordance with the custom of the trade of the type of regulated metals property purchased and the physical address where the regulated metals were obtained by the seller, and a statement signed by the seller or the seller's agent certifying that the seller or the seller's agent has the lawful right to sell and dispose of the property. f. The amount of consideration given for the regulated metals property.g. The name and address of the vendor of the regulated metals property and the license plate number of the vehicle used to deliver the regulated metalsh. A photocopy or electronic scan of the drivers license or state or federally issued photo identification card of the person delivering the regulated metals property to the secondary metals recycler. If the secondary metals recycler has a copy of the valid photo identification of the person delivering the regulated metals property on file, the secondary metals recycler must examine the photo identification, but may reference the photo identification that is on file without making a separate photocopy or electronic scan for each subsequent transaction. If the person delivering the regulated metals property does not have a drivers license or a state or federally issued photo identification card, the secondary metals recycler shall not complete the transaction.i. A copy of the receipt required under subsection (a1) of this section when all the information required under subsection (a1) of this section is clear and legible, or in the event the copy of the receipt is not clear or not legible, the original receipt.j. If required under subdivision (3) of subsection (d) of this section, the written documentation showing ownership of the regulated metals property.

(3) A secondary metals recycler shall keep and maintain the information required under this subsection for not less than two years from the date of the purchase of the regulated metals property.

(c) Inspection of Regulated Metals Property and Records. – During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall have he right to inspect either all of the following:

(1) Any and all purchased regulated metals property in the possession of the secondary metals recycler.

(2) Any and all records required to be maintained under subsection (b) of this section.

A secondary metals recycler shall make receipts for the purchase of regulated metals property available for pickup each regular workday if requested by the sheriff or chief of police of the county or the chief of police of the municipality in which the secondary metals recycler is located. The sheriff or the chief of police may request these receipts to be electronically transferred directly to the law enforcement agency.

(d) Purchase Limitations. – No secondary metals recycler shall do any of the following:(1) Purchase regulated metals property for cash consideration from other than a fixed location. any consideration other than check or money order that is mailed to the address of the seller.

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(2) Purchase or receive regulated metals property from minors from other than a fixed location, provided that this provision does not apply to the purchase of aluminum in the form of beverage or food cans.(3) Purchase any of the following regulated metals property, unless written documentation is provided to the secondary metals recycler that shows to the satisfaction of that recycler that the seller is the owner of the regulated metals property or is an employee, agent, or other person authorized to sell the property on behalf of the owner:

a. Any catalytic converter.b. Any regulated metal marked with the initials or other identification of a

telephone, cable, electric, water, or other public utility, or any brewer.c. Any utility access cover.d. Any street light pole or fixture.e. Any road or bridge guard rail.f. Any highway or street sign.g. Any water meter cover.h. Any metal beer keg, including any made of stainless steel that is clearly marked as being the property of the beer manufacturer. i. Any traffic directional or control sign.j. Any traffic light signal. k. Any regulated metal marked with the name of a government entity.l. Any property owned by a telephone, cable, electric, water, or other public utility, or owned by a railroad, and marked or otherwise identified as such. m. Any unused and undamaged building construction or utility material consisting of copper, pipe, tubing, or wiring, any aluminum wire, any historical marker, or any grave marker or burial vase.n. Any air conditioner evaporator coil or condenser, in whole or in part.

(d1) Retain Metals for Seven Days Before Selling or Altering. – Any secondary metals recycler owner convicted of a felonious violation of this Chapter, G.S. 14-71, 14-71.1, or 14-72 shall hold and retain any regulated metals product, except for iron and steel products, for seven days from the date of purchase before selling, dismantling, defacing, or in any manner altering or disposing of the regulated metals property.(e) Right to Restitution. – The court may order a defendant to make restitution to the secondary metals recycler for any damage or loss caused by the defendant arising out of an offense committed by the defendant.

49 (e1) Theft Notification to Recycler. – Any person may notify a secondary metalsrecycler of regulated metals property of a known or presumed theft of regulated metals products by providing any information concerning the theft that is available to that person, including any one or more of the following:

(1) The approximate quantity and size of the regulated metals products stolen.(2) The geographical area from which the regulated metals products were reported

missing or presumed stolen.(3) Any specific distinguishing marks on or in the regulated metals products or any other

method of identifying the regulated metals products.(e2) Theft Notification to Law Enforcement. – If any regulated metals products meeting the description in the notice under subsection (e1) of this section are purchased by the10 secondary

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metals recycler or offered for sale to the secondary metals recycler within90 days of the recycler receiving this notice, the secondary metals recycler shall notify the local police or sheriff that the regulated metals products were purchased by or offered for sale to the recycler.(f) Violations. – Unless the conduct is covered by some other provision of law providing greater punishment, any person knowingly and willfully violating any of the provisions of this section shall be guilty of a Class 1 misdemeanor for a first offense. A second or subsequent violation of this section is a Class I felony.(g) Exemptions. – This section shall not apply to purchases of regulated metals property18 from a manufacturing, industrial, or other commercial vendor that generates or sells regulated metals property in the ordinary course of its business. This section does not apply to purchases of regulated metals property that involve only beverage containers. (h) Preemption. – A county or municipality shall not enact any local law, ordinance, or regulation regulating secondary metals recyclers or regulated metals property that conflicts with this section, and this law preempts all existing laws, ordinances, or regulations."

SECTION 2. This act becomes effective October 1, 2009, and applies to purchases25 and offers of purchase that occur on or after that date

South Carolina law requires scrap metal purchasers to keep records. This law also prohibits unlawful purchase of nonferrous metals and makes it unlawful for a person to posses or transport specified quantities of nonferrous metals under certain circumstances.

A new law designed to reduce copper thefts is now being enforced across South Carolina. The scrap metal law requires a permit from a local sheriff's office for people who want to sell copper and other metals.

Gov. Nikki Haley signed the bill in June. It does not apply to business owners or licensed contractors, but does affect everyone else.

There are three types of permits. The first is for casual sellers who sell less than twice a year.  They can get a 48-hour permit from their sheriff's office. Those who sell metals on a more frequent basis can get a one year permit. They require photo ID and vehicle registration. Purchasers, like salvage yards or individuals, have to get a two-year permit, which costs $200.

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Scrap Laws for South CarolinaRequirements for South Carolina:

Tag and Hold policies in effect. Retain a copy of the drivers license. Report vehicle information to NMVTIS. IRS Form 1099-MISC must be filled out for all customers who are paid $600 or more a

year.

South Carolina Law Details:Scrap recyclers must maintain a record of transactions for five years that must include a copy of the seller's driver's license.There is a 15 day tag-and-hold policy when notified by law enforcement.

If you are wanting to sell or transport any amount of nonferrous metals in SC you will need a "Sell/Transport Permit".

"Unless the seller is a holder of a retail license, an authorized wholesaler, a contractor licensed pursuant to article 1, chapter 11, title 40 of the South Carolina Code of Laws, 1976, a gas, electric, communications, water, plumbing,electrical, or climate conditioning service provider" quoted from the bill, and you will need to be in the company vehicle.

You can get the permits free from your local County Sheriff's Office, or if you are not from SC you can get one from the Sheriff's office of the County you will be selling in.

They have two different types of permits, both are free:1. 48 hr permit, you can get this over the phone, but you can only receive two per year.2. one year permit, requires you to visit the sheriff's office, bring your license and registration

and All copper materials, catalytic converters, and beer kegs must be paid by check.

South Carolina Code of Laws

SECTION 16-17-680. Purchase of nonferrous metals; penalties; exceptions.

(A)(1) It is unlawful to purchase nonferrous metals in any amount from a person who is not a holder of a retail license or an authorized wholesaler unless the purchaser is a secondary metals recycler and obtains and can verify the name and address of the seller. A 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 the nonferrous metals purchased, 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. 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 two years from the date of purchase.

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(B) A secondary metals recycler may only purchase nonferrous metals for cash consideration from a fixed location.

(C)(1) 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.

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(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, cooper clad steel wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, catalytic converters, 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 and 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 16-17-685. Unlawful transportation of nonferrous metals.

(A) For purposes of this section:

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(1) "Nonferrous metals" means metals not containing significant quantities of iron or steel, including copper wire, cooper clad steel wire, copper pipe, copper bars, copper sheeting, aluminum, a product that is a mixture of aluminum and copper, catalytic converters, and stainless steel beer kegs or containers.

(2) "Transportation permit number" means a number provided by a sheriff's office by telephone, fax, or email to a person who requests a permit number for the transportation of nonferrous metals. In order to receive a transportation permit number, a person must provide the person's name, address, and telephone number to the sheriff's office of the county in which the person resides. The sheriff's office must record the person's information along with the transportation permit number. The transportation permit number is valid for no more than forty-eight hours from the time the number is issued, and the sheriff's office must inform the person of this restriction at the time the number is issued.

(3) "Vehicle used in the ordinary course of business for the purpose of transporting nonferrous metals" includes, but is not limited to, vehicles used by gas, electric, communications, water, plumbing, electrical, and climate conditioning service providers, and their employees, agents, and contractors, in the course of providing these services.

(B) It is unlawful for a person to transport or have in the person's possession on the highways of this State nonferrous metals of an aggregate weight of more than twenty-five pounds in a vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting nonferrous metals, unless the person:

(1) has in the person's possession a bill of sale signed by:

(a) a holder of a retail license for a business engaged in the sale of nonferrous metals or a mixture of nonferrous metals;

(b) an authorized wholesaler engaged in the sale of nonferrous metals or a mixture of nonferrous metals; or

(c) a registered dealer of scrap metals; or

(2) can present, either orally or in writing, a valid transportation permit number provided by the sheriff of the county in which the person resides.

(C) A bill of sale must clearly identify the material to which it applies, the name and address of the seller, the license plate information of the vehicle in which the material is delivered to the purchaser, identified by license plate number, year, and state of issue, the name and address of the purchaser, the date of sale, and the type and amount of nonferrous metals purchased.

(D) A person who violates the provisions of this section is guilty of a:

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(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.