Bill Text: NC S583 | 2013-2014 | Regular Session | Introduced
Bill Title: Metal Theft Statute Amendments
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2013-06-19 - Ch. SL 2013-169 [S583 Detail]
Download: North_Carolina-2013-S583-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
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SENATE DRS85168-MD-66 (03/15)
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Short Title: Metal Theft Statute Amendments. |
(Public) |
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Sponsors: |
Senator Tucker (Primary Sponsor). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to make various amendments to the statutes that regulate secondary metals recyclers.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 66‑420 reads as rewritten:
"§ 66‑420. Definitions.
The following definitions apply in this Part:
(1) Cash card system. — A system of payment that captures
a photograph of a payment recipient and that provides payment in cash or in
a form other than cash.cash and that when providing payment in the
form of cash (i) captures a photograph of the seller at the time payment is
received and (ii) uses an automated cash dispenser, including, but not limited
to, an Automated Teller Machine.
(2) Fixed site. — A 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 nonferrous metals purchaser for a total duration of not less than 364 days.
(3) Law enforcement officer. — Any duly constituted law enforcement officer of the State or of any municipality or county.
(4) Nonferrous metals. — Metals not containing significant quantities of iron or steel, including, but not limited to, copper wire, copper clad steel wire, copper pipe, copper bars, copper sheeting, aluminum other than aluminum cans, a product that is a mixture of aluminum and copper, catalytic converters, lead‑acid batteries, and stainless steel beer kegs or containers. The term shall not include precious metals as defined and regulated in Part 2 of this Article.
(5) Nonferrous metals purchaser. — A secondary metals recycler who purchases, gathers, or obtains nonferrous metals.
(6) Permit. — A permit issued pursuant to G.S. 66‑426(a).
(7) Regulated metals property. — All ferrous and nonferrous metals.
(8) Secondary metals recycler. — Any person, firm, or corporation in the State:
a. That 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."
SECTION 2. G.S. 66‑424(a) reads as rewritten:
"§ 66‑424. Prohibited activities and transactions.
(a) A secondary metals recycler shall not do any of the following:
(1) Operate any business that cashes checks at a fixed site at which the secondary metals recycler purchases regulated metals property.
(2) Purchase nonferrous metals for the purpose of recycling the nonferrous metals, unless the nonferrous metals purchaser possesses a valid permit.
(3) Purchase any central air conditioner evaporator
coils or condensers,condensers that are not attached to a unit,
or catalytic converters that are not attached to a vehicle, except that a
secondary metals recycler may purchase these items from (i) a company,
contractor, or individual that is in the business of installing, replacing,
maintaining, or removing these items.items or (ii) a seller with a
purchase receipt or other proof of ownership. As used in this subdivision, the
term "central air conditioner evaporator coils" shall not include
coils from a window air conditioning system if the coils are contained within
the system itself or a coil from a vehicle condenser.
(4) Purchase any regulated metals property that the secondary metals recycler knows or reasonably should know to be stolen."
SECTION 3. G.S. 66‑421(b)(11) reads as rewritten:
"(b) Records Required. — A secondary metals recycler shall maintain a record of all purchase transactions in which the secondary metals recycler purchases regulated metals property. The record of each transaction shall contain the following information:
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(11) In transactions involving catalytic converters that
are not attached to a vehicle, and central air conditioner evaporator coils or condensers,condensers
that are not attached to a unit, the person delivering the materials shall
place next to that person's signature on the receipt required under subsection
(a) 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. As used in this subdivision, the term "central
air conditioner evaporator coils" shall not include coils from a window
air conditioning system if the coils are contained within the system itself or
a coil from a vehicle condenser."
SECTION 4. This act is effective when it becomes law.
