South Carolina H 5599: Nonferrous metals
Status: Referred to Committee on Labor, Commerce and Industry (as of 2026-04-28)
State: South Carolina · Session: 2025-2026 · Bill: H 5599
Sponsors: Herbkersman, Jordan, W. Newton
Bill Text
2025-2026 Bill 5599 Text of Previous Version (Apr. 28, 2026) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 5599 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-17-680, RELATING TO SECONDARY METALS RECYCLERS PERMITS TO PURCHASE NONFERROUS METALS, AND PENALTIES FOR VIOLATIONS, SO AS TO REVISE THE STATUTE TO INCLUDE A REQUIREMENT FOR AFFIRMATIVE DETERMINATIONS OF WHETHER A SECONDARY METALS RECYCLER HAS A PREVIOUS CONVICTION, TO PROVIDE FURTHER POSSIBLE VIOLATIONS WHEN A SECONDARY METALS RECYCLER HAS CERTAIN KNOWLEDGE OF STOLEN NONFERROUS METALS, AND TO PROVIDE PENALTIES FOR THE ADDED OFFENSES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1.A. Section 16-17-680(B) of the S.C. Code is amended to read: (B)(1) A secondary metals recycler shall obtain a permit to purchase nonferrous metals. A secondary metals recycler's employee is not required to obtain a separate permit to purchase nonferrous metals provided that the employee is acting within the scope and duties of their employment with the secondary metals recycler. A secondary metals recycler's employee who intends to purchase nonferrous metals on behalf of the secondary metals recycler at a location other than a fixed site shall have a copy of the secondary metals recycler's permit readily available for inspection. (2) If a secondary metals recycler intends to purchase nonferrous metals at a fixed site or fixed sites, the secondary metals recycler shall obtain a permit from the sheriff of the county in which each of the secondary metals recycler's fixed sites are located. The sheriff may issue the permit to the secondary metals recycler, if the secondary metals recycler: (a) has a fixed site or fixed sites located in the sheriff's county; (b) has not been convicted of a violation of Section 16-11-523 or this section; and (c) declares on an application provided by the sheriff that the secondary metals recycler is informed of and will comply with the provisions of this section. (3) If a secondary metals recycler intends to purchase nonferrous metals at a location other than a fixed site, the secondary metals recycler shall obtain a permit from the sheriff of each county in which the secondary metals recycler intends to purchase nonferrous metals. The sheriff may issue the permit to the secondary metals recycler if the secondary metals recycler: (a) can sufficiently demonstrate to the sheriff the secondary metals recycler's ability to comply with the provisions of this section; (b) has not been convicted of a violation of Section 16-11-523 or this section; and (c) declares on an application provided by the sheriff that the secondary metals recycler is informed of and will comply with the provisions of this section. (4) The South Carolina Law Enforcement Division shall develop the application and permit in consultation with the state's sheriffs and representatives from the secondary metals recyclers' industry. (5) A sheriff maymust investigate a secondary metals recycler's background prior to issuing a permit for purposes of determining if the secondary metals recycler qualifies to be issued a permit. The sheriff must affirmatively determine whether the secondary metals recycler has been convicted of a violation of Section 16-11-523 or this section, and if such a conviction exists, the sheriff must deny the permit pursuant to item (9). (6) A sheriff may charge and retain a two hundred dollar fee for each permit. (7) A sheriff shall keep a record of all permits issued containing, at a minimum, the date of issuance, and the name and address of the secondary metals recycler. (8) A permit is valid for twenty-four months. (9) A permit may be denied, suspended, or revoked at any time if a sheriff discovers that the information on an application is inaccurate, a secondary metals recycler does not comply with the requirements of this section, or a secondary metals recycler is convicted of a violation of Section 16-11-523 or this section. (10) A sheriff shall issue permits during regular business hours. B. Section 16-17-680(D) of the S.C. Code is amended to read: (D)(1) It is unlawful to purchase nonferrous metals in any amount for the purpose of recycling the nonferrous metals from a seller unless the purchaser is a secondary metals recycler who has a valid permit to purchase nonferrous metals issued pursuant to subsection (B) and the seller has a valid permit to transport and sell nonferrous metals issued pursuant to subsection (C). A secondary metals recycler may hold a seller's nonferrous metals while the seller obtains a permit to transport and sell nonferrous metals pursuant to subsection (C). (2) A secon
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