South Carolina General Assembly
124th Session, 2021-2022

Download This Bill in Microsoft Word format

A80, R96, H3991

STATUS INFORMATION

General Bill
Sponsors: Reps. Rutherford, Wooten, Caskey, Thigpen, B. Cox, Elliott, Erickson, S. Williams and Rivers
Document Path: l:\council\bills\df\13050ahb21.docx
Companion/Similar bill(s): 590, 3940

Introduced in the House on March 2, 2021
Introduced in the Senate on March 23, 2021
Last Amended on May 4, 2021
Passed by the General Assembly on May 6, 2021
Governor's Action: May 18, 2021, Signed

Summary: Nonferrous Metals - Catalytic Converters

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/2/2021  House   Introduced and read first time (House Journal-page 9)
    3/2/2021  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 9)
   3/11/2021  House   Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (House Journal-page 5)
   3/16/2021  House   Member(s) request name added as sponsor: Caskey
   3/17/2021  House   Debate adjourned until  Thur., 3-18-21 
                        (House Journal-page 24)
   3/18/2021  House   Member(s) request name added as sponsor: Thigpen, B.Cox, 
                        Elliott, Erickson, S.Williams, Rivers
   3/18/2021  House   Amended (House Journal-page 17)
   3/18/2021  House   Read second time (House Journal-page 17)
   3/18/2021  House   Roll call Yeas-94  Nays-0 (House Journal-page 26)
   3/18/2021  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 27)
   3/19/2021  House   Read third time and sent to Senate (House Journal-page 1)
   3/19/2021          Scrivener's error corrected
   3/23/2021  Senate  Introduced and read first time (Senate Journal-page 9)
   3/23/2021  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 9)
   3/31/2021  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 16)
    4/1/2021          Scrivener's error corrected
   4/21/2021  Senate  Committee Amendment Withdrawn (Senate Journal-page 14)
   4/21/2021  Senate  Amended (Senate Journal-page 14)
   4/21/2021  Senate  Read second time (Senate Journal-page 14)
   4/21/2021  Senate  Roll call Ayes-41  Nays-0 (Senate Journal-page 14)
   4/22/2021          Scrivener's error corrected
   4/22/2021  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 11)
   4/28/2021  House   Debate adjourned (House Journal-page 50)
   4/29/2021  House   Debate adjourned (House Journal-page 73)
    5/4/2021  House   Senate amendment amended (House Journal-page 63)
    5/4/2021  House   Returned to Senate with amendments 
                        (House Journal-page 63)
    5/4/2021  House   Roll call Yeas-119  Nays-0 (House Journal-page 63)
    5/6/2021  Senate  Concurred in House amendment and enrolled 
                        (Senate Journal-page 65)
    5/6/2021  Senate  Roll call Ayes-45  Nays-0 (Senate Journal-page 65)
   5/13/2021          Ratified R  96
   5/18/2021          Signed By Governor
    6/1/2021          Effective date  05/18/21
    6/1/2021          Act No.  80

View the latest legislative information at the website

VERSIONS OF THIS BILL

3/2/2021
3/11/2021
3/18/2021
3/19/2021
3/31/2021
4/1/2021
4/21/2021
4/22/2021
5/4/2021


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A80, R96, H3991)

AN ACT TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO PURCHASE NONFERROUS METALS, TRANSPORTATION AND SALE OF NONFERROUS METALS, AND VARIOUS OFFENSES ASSOCIATED WITH NONFERROUS METALS, SO AS TO INCLUDE IN THE PURVIEW OF THE STATUTE PROCEDURES FOR THE LAWFUL PURCHASE, SALE, AND POSSESSION OF USED, DETACHED CATALYTIC CONVERTERS OR ANY NONFERROUS PART OF ONE UNLESS PURCHASED, SOLD, OR POSSESSED UNDER CERTAIN DELINEATED CIRCUMSTANCES, AND TO PROVIDE INCREASED AND TIERED PENALTIES FOR UNLAWFUL CONDUCT RELATED TO CATALYTIC CONVERTERS.

Be it enacted by the General Assembly of the State of South Carolina:

Nonferrous metals, catalytic converters, lawful and unlawful conduct, penalties

SECTION    1.    Sections 16-17-680(G), (I), and (J) of the 1976 Code are amended to read:

"(G)(1)    It is unlawful to transport nonferrous metals in a vehicle or have nonferrous metals in a person's possession.

(2)    Subsection (G)(1) does not apply if:

(a)    the person can present a valid permit to transport and sell nonferrous metals issued pursuant to subsection (C); or

(b)    the person can present a valid bill of sale for the nonferrous metals.

(3)    If a law enforcement officer determines that one or more of the exceptions listed in subsection (G)(2) applies, or the law enforcement officer determines that the nonferrous metals are not stolen goods and are in the rightful possession of the person, the law enforcement officer shall not issue a citation for a violation of this subsection.

(4)    A person who violates a provision of subsection (G)(1):

(a)    for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days;

(b)    for a second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both; and

(c)    for a third or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both. For an offense to be considered a third or subsequent offense, only those offenses that 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 subsection.

(5)    If a person transports nonferrous metals that the person knows are stolen in a vehicle or has in the person's possession nonferrous metals that the person knows are stolen, is operating a vehicle used in the ordinary course of business to transport nonferrous metals that the person knows are stolen, presents a valid or falsified permit to transport and sell nonferrous metals that the person knows are stolen, or presents a valid or falsified bill of sale for nonferrous metals that the person knows to be stolen, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. If the person obtained a permit to transport and sell nonferrous metals pursuant to subsection (C), the permit must be revoked.

(I)(1)    A secondary metals recycler shall not purchase or otherwise acquire:

(a)    an iron or steel manhole cover;

(b)    an iron or steel drainage grate; or

(c)    a coil, unless the seller is an exempted entity pursuant to subsection (J)(1)(e) or the seller presents a bill of sale from a company licensed pursuant to Chapter 11, Title 40 indicating that the seller acquired the coil as the result of a unit replacement or repair. The bill of sale is sufficient proof of ownership and serves the same purpose as a permit to transport and sell nonferrous metals. A person who presents a falsified bill of sale is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more three years, or both.

(2)(a)    It is unlawful for any individual or entity other than a permitted secondary metals recycler to purchase, or to attempt to purchase, a used, detached catalytic converter or any nonferrous part of a catalytic converter.

(b)    Except as otherwise provided in item (3)(a)(iii)(aa), (bb), and (cc) for those businesses delineated in item (3)(a)(ii), it is unlawful for any individual or entity to possess, obtain or otherwise acquire, transport, or sell a used, detached catalytic converter or any nonferrous part of a catalytic converter without a permit and without providing the following documentation to law enforcement and/or a permitted secondary metals recycler:

(i)        the name of the person or company that removed the catalytic converter;

(ii)    the name of the person for whom the work was completed;

(iii)    the make and model of the vehicle from which the catalytic converter was removed;

(iv)    the vehicle identification number of the vehicle from which the catalytic converter was removed;

(v)    the part number or other identifying number of the catalytic converter that was removed; and

(vi)    the certificate of title or certificate of registration showing the seller's ownership interest in the vehicle.

(c)    It is unlawful for a seller of a used, detached catalytic converter or any nonferrous part of a catalytic converter to provide any false, fraudulent, altered or counterfeit information or documentation as required by this subsection.

(d)    An individual or entity who violates any provision of subsection (I)(2), for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both; or for a second offense, is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.

(e)    Each unlawfully obtained, possessed, or transported used, detached catalytic converter is a separate violation that subjects the individual or entity to a separate charge. Upon conviction, the court may order the individual or entity to pay restitution for the value of the repair and replacement of the catalytic converter or the individual or entity may be held liable as otherwise provided by law. A person in possession of a used, detached catalytic converter without identifying documentation is presumed to be in possession of contraband subject to forfeiture as otherwise provided by law.

(f)    For purposes of this section, a used, detached catalytic converter does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with applicable U.S. Environmental Protection Agency Clean Air Act regulations, as may from time to time be amended.

(3)(a)    It is unlawful for a secondary metals recycler to purchase a used, detached catalytic converter or any nonferrous part of a used catalytic converter unless the secondary metals recycler has a permit from the local sheriff's office, the sale occurs at the secondary metals recycler's fixed site or the sale occurs at the seller's fixed site but only if the seller is a licensed automotive repair service, a licensed demolisher, as defined in Section 56-5-5810, a licensed secondary metals recycler, or a licensed motor vehicle dealer and the purchase is made by a permitted secondary metals recycler who maintains a fixed site within the State, and the following requirements are followed:

(i)        the catalytic converter or nonferrous part was purchased as part of a vehicle; or

(ii)    the catalytic converter or nonferrous part was purchased from a secondary metals recycler, new or used motor vehicle dealer, automotive repair service, motor vehicle manufacturer, vehicle demolisher, or distributor of catalytic converters and a copy of the seller's valid business license is received and maintained by the purchaser at the time of the transaction; or

(iii)    the business selling the catalytic converter or nonferrous part provides a record or receipt showing:

(aa)    the repair order number, when applicable;

(bb)    the date of repair or the date on which the catalytic converter was removed from a vehicle, including the identity of the individual or entity that removed the catalytic converter, when applicable; and

(cc)    the vehicle identification number of the vehicle from which the catalytic converter was removed; or

(iv)    the individual selling the catalytic converter or nonferrous part provides the secondary metals recycler with the following information for the motor vehicle that the catalytic converter was taken from to include all of the following:

(aa)    the name of the person or company that removed the catalytic converter;

(bb)    the name of the person for whom the work was completed;

(cc)    the make and model of the vehicle from which the catalytic converter was removed;

(dd)    the vehicle identification number of the vehicle from which the catalytic converter was removed;

(ee)    the part number or other identifying number of the catalytic converter that was removed; and

(ff)    the certificate of title or certificate of registration showing the seller's ownership interest in the vehicle.

Nothing in this item prevents an out-of-state secondary metals recycler who maintains a fixed site and who complies with all other provisions of this chapter from obtaining, purchasing, or otherwise acquiring a used, detached catalytic converter or any nonferrous part of a used catalytic converter.

(b)    Before each purchase or acquisition of a used, detached catalytic converter, the secondary metals recycler, including an agent, employee, or representative of the secondary metals recycler, must:

(i)        verify, with the applicable documentation that the person transferring or selling the used, detached catalytic converter acquired it legally and has the right to transfer or sell it; and

(ii)    retain a record of the applicable verification and other information required pursuant to subsection (D)(2) and note in their records any obvious marking on the used, detached catalytic converter such as paint, labels, or engravings that would aid in the identification of the catalytic converter.

(c)    A seller of used, detached catalytic converters or any nonferrous metal part of such is subject to the provisions of subsection (C) regarding the permitting of a person or entity to transport and sell nonferrous metals except for an automotive repair service who, in lieu of a permit, may produce a record or receipt showing:

(i)        the repair order number, when applicable;

(ii)    the date of repair or the date on which the catalytic converter was removed from a vehicle, including the identity of the individual or entity that removed the catalytic converter, when applicable; and

(iii)    the vehicle identification number of the vehicle from which the catalytic converter was removed.

(d)    It is unlawful for a secondary metals recycler to fail to collect or retain all required documentation from a seller of a used, detached catalytic converter or any nonferrous part of a catalytic converter as required by this subsection. A secondary metals recycler who obtains all documentation as required by this subsection is exempt from prosecution under this subsection unless they knew or had reason to believe that the documentation provided was false, fraudulent, altered or counterfeit, or knew or had reason to believe that the used, detached catalytic converter or any nonferrous part of a catalytic converter was stolen.

(e)    A licensed secondary metals recycler, who is exempt from the provisions of subsection (I)(2), but who violates a provision of subsection (I)(3):

(i)        for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days;

(ii)    for a second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year, or both; and

(iii)    for a third or subsequent offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both.

(iv)    Each unlawfully obtained or possessed used, detached catalytic converter or part of a used catalytic converter is a separate violation and subjects the secondary metals recycler to a separate charge for each. Any unlawfully possessed used, detached catalytic converter is subject to forfeiture as otherwise provided for by law. Upon conviction, the court may order the secondary metals recycler to pay restitution for the value of the repair and replacement of the catalytic converter or the secondary metals recycler may be held liable as otherwise provided for by law.

(J)(1)    Except as provided in item (2), the provisions of this section do not apply to:

(a)    the purchase or sale of aluminum cans;

(b)    a transaction between a secondary metals recycler and another secondary metals recycler;

(c)    a governmental entity;

(d)    a manufacturing or industrial vendor that generates or sells regulated metals in the ordinary course of its business;

(e)    a seller who is a holder of a retail license, an authorized wholesaler, an automobile demolisher as defined in Section 56-5-5810(d), a contractor licensed pursuant to Chapter 11, Title 40, a real estate broker or property manager licensed pursuant to Chapter 57, Title 40, a residential home builder licensed pursuant to Chapter 59, Title 40, a demolition contractor, a provider of gas service, electric service, communications service, water service, plumbing service, electrical service, climate conditioning service, appliance repair service, automotive repair service, or electronics repair service; or

(f)    a seller that is an organization, a corporation, or an association registered with the State as a charitable organization or a nonprofit corporation.

(2)    An exempted entity listed in item (1) is subject to the provisions of subsection (C)(10), subsection (G)(5), and subsection (I).

A secondary metals recycler shall maintain a record of transactions involving exempted entities listed in item (1) pursuant to subsection (D) and is subject to the penalty provisions of subsection (D)(6). Any item of nonferrous metals acquired from an exempted entity listed in item (1) is subject to a hold notice pursuant to subsection (F)."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 13th day of May, 2021.

Approved the 18th day of May, 2021.

__________


This web page was last updated on June 14, 2021 at 9:29 AM