HomeMy WebLinkAbout5. Licensing of Service ContractorsVillage of Mount Prospect
Community Development Department
MEMORANDUM
TO: DAVID STRAHL, ACTING VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: OCTOBER 6, 2015
SUBJECT: PROPOSED LICENSING OF SERVICE CONTRACTORS
A resident recently approached tl-
such as landscaping companies,
companies and others in order t
provided by the resident outlines
include better protecting residents
damage to property.
e Village requesting that we consider licensing service contractors
driveway sealers, siding and gutter contractors, painters, cleaning
o better regulate problem contractors. The attached information
perceived benefits of licensing these contractors. These benefits
against fraud, poor workmanship and liability for worker injuries or
The Village currently licenses all trades that require building permits and building inspections. None of
the contractors listed above require building permits and therefore Village staff does not inspect any of
those projects or require contractor licenses. Staff does investigate complaints associated with work
completed by these contractors if contacted by a concerned homeowner or neighbor and attempts to
mediate resolutions as appropriate. If violations do exist, staff can issue tickets and utilize the
Administrative Adjudication process to fine contractors, however that happens very rarely.
Staff requested that the Northwest Municipal Conference survey member communities to determine
how many towns "license or register service contractors that are not engaged in the building or
construction trades". Of the 19 communities that responded, seven (Bartlett, Evanston, Des Plaines,
Lincolnshire, Park Ridge, Schaumburg and Wilmette) license landscapers. Administrative Analyst, Alex
Bertolucci, contacted these communities to determine how they enforced the licensing programs and
the results of those discussions are outlined in the attached memorandum authored by Alex.
While staff can appreciate the desire to regulate problem contractors, instituting a licensing program for
these types of contractors could prove challenging due to the nature the of work they are performing
and the limited time that they are at a particular property. In addition, the cost to administer such a
program may not be worth the benefit derived from such enforcement, especially given the limited
amount of complaints that the Village receives.
In an effort to educate homeowners on how to properly go about hiring contractors, the Village provides
a FAQ section on our website and provides links to other sites like the Attorney General's Office that
have a wide range of information on this issue.
Please forward this memorandum and attachments to the Village Board for their review and
consideration at their October 13`h meeting. Staff will be present to answer any questions related to this
matter.
William J. tooney Jr., AlP
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lk Mokint Prospect
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: COMMUNITY DEVELOPMENT DIRECTOR, WILLIAM COONEY
FROM: ADMINISTRATIVE ANALYST, ALEXANDER BERTOLUCCI
DATE: OCTOBER 7, 2015
SUBJECT: LANDSCAPE CONTRACTOR LICENSE
Purpose
Review municipalities landscape contractor licensing processes.
Background
Staff requested the Northwest Municipal Conference (NWMC) to conduct a survey of
member communities regarding licensing service contractors not engaged in building or
construction trades with specific mention to landscape services (e.g. grounds maintenance,
mowing lawns, trimming hedges, removing leaves and snow removal). The NWMC survey
results are attached.
NWMC Survey Results Summary (Totals do not include Mount Prospect's response):
• 18 municipalities responded to the survey.
0 11 municipalities do not license service contractors including landscapers.
0 7 municipalities do license service contractors; of which one does not
license landscapers (i.e. Lincolnshire).
• Comparable communities data:
o Do not license: Arlington Heights, Buffalo Grove, Hoffman Estates, and
Wheeling.
o License: Des Plaines, Park Ridge, and Schaumburg.
Additional analysis was required to collect information on municipalities' processes to
license landscape contractors and enforce the license. Also, the search for municipalities
that license landscape contractors was expanded beyond the NWMC survey respondents.
Table 1 lists the municipalities included in the additional analysis.
Landscape Contractor License
October 7, 2015
Page 2
Table 1: Municipalities withmmmLandscaper Contractor License �.mm
License
Evanston Schaumburg
Hiqhland Park Des Plaines
w . ................w .......... .............
Lake Forest Morton Grove"
W ImettePark Ridqe_
...Bartlett..........._....................,� Licensee landscapers, but not landscapers
conducting grounds maintenance.
Discussion
There are differences in the type of information landscapers are required to submit to
obtain a license. Six of the nine municipalities in Table 1 utilize a contractor application
that is designed to accommodate any trade (e.g. Paving, Roofing, Landscaper, Plumbing,
etc.). Highland Park and Lake Forest have specific landscaper licensing processes with
landscaper contractor applications.
Highland Park and Lake Forest request the following documents to be submitted with the
application.
• Certificate of General Liability, Automobile Liability, and Worker's Compensation (or
Waiver)
• Photo of Truck Displaying Signage as it appears on the truck (First Time Applicants)
A topic presented from the research is contractor license renewals. Contractor licenses
are generally valid for one year from date of issuance. The main mechanism that insures
contractors renew licenses is the permit application process; however, grounds
maintenance services do not require a permit. Lake Forest and Highland Park address this
obstacle by issuing annual renewal letters to landscape contractors. Evanston processes
their landscaper license like a business license and annually invoices landscape
contractors. The majority of municipalities do not send notices to contractors when their
licenses expire and the landscapers either renew their contractor license timely or when
they are found operating without a license.
The typical enforcement practice is to check for a contractor license during the permit
application process. Grounds maintenance work does not require a permit and
enforcement is a system of responding to resident inquiries and checking landscapers for a
license. It was noted by several municipalities that there are non-compliance issues with
landscapers operating without a license. The landscapers that are non-compliant are
identified and handled through the established license enforcement process.
Landscapers are checked for a license by property inspectors in the field. If a landscaper
is found operating without a license then a citation could be issued or the contractor is
invoiced. Highland Park also has their police officers check landscaper licenses when on
patrol and issue citations. Evanston noted that if they receive a call about a landscaper,
Landscape Contractor License
October 7, 2015
Page 3
then their customer service staff will use any available information including internet
searches to find, contact, and invoice the landscaper if they do not have a license.
The surveyed municipalities stated there is no staff solely dedicated to process or enforce
landscaper licenses. Their customer service or property maintenance staff complete
landscaper license tasks as a part of their regular assignments.
Table 2 presents landscaper contractor license fee data collected from the NWMC survey
and additional analysis.
.....................................
Table i Landscape Contractor Li.�.�.........�.
cense Fees*
Municipality Annual Applicationmmm ^^mm^mm
................................. Fee
�eeem. e ...........www .............. � ....
Evanston** $90 for 1 sc Year/$40 for renewals
�..� www..._.._...... ..._.......�
Highland Park** $100
Lake Forest** $100
Wilmette**...._w..� $75._.
Bartlett^ $50 for single trade/$100 for general
..
Schaumburg ................................ .........
.....$.1..0.8........................._.
Des Plaines^ $50
Park Ridge $50
*Only includes municipalities that license landscapers that
provide ground maintenance services that do not require a permit.
**Municipality specifically assigned fee to landscape contractors.
^ Municipality applies license fee to multiple contractor types.
Conclusion
This research has provided examples of municipalities' processes for licensing landscape
contractors hired for grounds maintenance. These municipalities utilize their existing
contractor or business licensing systems to process landscape contractor licenses. There
are multiple options for license enforcement; however, uniform enforcement may be
challenging due to the nature of grounds maintenance services. Overall, it appears that
the majority of municipalities do not license service contractors and this includes
landscapers conducting work that does not require a permit.
Alexander Bertolucci
Administrative Analyst
AB
c: David Strahl, Acting Village Manager
Consuelo Andrade, Community Development Deputy Director
h:\clko\win\alex projects\projects\landscape_memo_10_06_15.docx
Information Provided by Resident
SERVICE CONTRACTORS
Currently, landscaping companies, driveway sealers, siding and gutter contractors,
painters, cleaning companies, and some additional service companies and contractors are
not required to be registered or licensed in the Village of Mount Prospect.
Requiring all Contractors and Companies to register and/or have a business license
in the Village guarantees:
Safety, Fairness, and Equality
• By registering Service Contractors and Companies we preform our due diligence
requirement to protect the welfare and safety of the residents in the Village of
Mount Prospect.
• Unregistered Contractors and Service Companies typically have no insurance and
no bond, making it tough for consumers and affected neighbors to recover
damages if something goes wrong on a project.
• If a Contractor is not insured, there is no insurance to cover the injured
employee(s).
• Registration would mandate that all Service Contractors and Companies agree to
a code of conduct and guidelines within our Village.
• Hiring Unregistered Contractor or Service Companies encourage unfair
competition against registered Contractors or Service Companies because they do
not have to pay the same fees.
The Legitimacy of a Contractor
• Residents would be able to confirm with the Village of Mount Prospect that this
Service Contractor or Company has registered, and is licensed, bonded and is
insured.
• Agreeing to the code of conduct and providing valid business and contact
information would guarantee legitimacy.
• After registering the Service Contractor or Service Company, they could be given
a vehicle sticker to verify their registration within the Village. Making it easy for
the resident to verify registration and the police department when necessary.
• Entering all Service Contractor and Service Companies into a database would
allow residents to choose reputable service providers. This would also help
residents avoid home scams and fraudulent service Contractors and Companies.
SERVICE CONTRACTORS
Enclosed Attachments:
Contractor License Application
Surprise Sweep for Unregistered Contractors Turns Up Numerous Violations
Washington Joins Multi -State Sting Targeting Illegal Construction Activities
Illinois AG warns against home repair scams in wake of tornadoes
Home Invasion in Unincorporated Deerfield and Fifth Scam Suspect Charged (Men
scammed elderly man on roof repairs.)
VILLAGE OF MOUNT PROSPECT
Mount ProspectVILLAGE
SOUTH EMERSON STREET
MOUNT PROSPECT, IL 60056
(847) 870-5675 phone
(847) 870-6620 fax
CONTRACTOR LICENSE APPLICATION
INSTRUCTIONS:
Please Type or Print clearly and complete ALL portions of the application
Business Legal Name
Business Address (Po Box not acceptable)
City/State/Zip Code .......
Billing Address (If Different Than Above)
City/State/Zip Code
Business Phone Business Fax
Business Email
Type of Contractor (check one): ❑Alarm ❑ General ❑Landscape ❑ Plumbing
❑ Signs ❑ Electrical ❑ HVAC ❑ Masonry
❑ Roofer Other
FOR VILLAGE USE:
NEW CONTRACTOR
ExlsTiNG/RE:NEWAL
LICENSE #
DATE ISSUED / /
FEE $50,00
STATE LICENSED PLUMBERS, FIRE
ALARM, FIRE SPRINKLER & ROOFERS
PAY NO FEE
AMOUNT PAID $
CHECK #
Drivers License Attached?
❑ YEs ❑ No ❑ N/A
State License Attached?
❑ YES ❑ No ❑ N/A
State Registration Attached?
❑ YES ❑ No ❑ N/A
City Registration Attached?
❑ YES ❑ No ❑ N/A
Plumbers, Roofers, Alarm, and Sprinkler Contractors MUST attach a copy of your State License - (Plumbers 058 or "J" number)
l of Chicago* or State License Number
(ATTACH COPIES)
Plumbers MUST also provide a copy of their current State Plumbing Contractor Registration - (055 Number)
State Plumbing Contractor Registration _. mmm _ . ........ ..... (ATTACH COPY)
Electricians MUST provide a copy of a current City Registration - (ATTACH COPY)
OWNERSHIP TYPE AND CONTACT INFORMATION (Physical Address must be used, a Post Office Box is not acceptable)
❑ If Sole Ownership, list information for the sole owner/operator and provide Drivers License Number
Drivers License Number (Must attach copy of State Issued Identification)
❑ If Corporation, list information for the President or Chief Financial Officer and provide Illinois Business Tax ID Number
Illinois Business Tax ID Number
First Name: M.I. Tact Naptic• Date of Birth:
Residence Address City/State/Zip Code
Residence Phone Email
SURETY BONDS AND CERTIFICATES OF INSURANCE ARE NOT REQUIRED
*Plumbers only
-Please Complete and Sign Below -
BACKGROUND
Have any of the persons listed ever been convicted of a felony? ❑ Yes ❑ No
If yes, please explain in box below.
Has the applicant ever had any license issuance or renewal refused or revoked by any state, other municipality, governing body or licensing
authority? If yes, please explain in box below. ❑ Yes ❑ No
Explanation:
ACKNOWLEDGEMENT
T have read and understand the following statement: ❑ Yes ❑ No
BY ACCEPTING A PERMIT FROM THE BUILDING DIVISION, YOU ARE ENTERING INTO A CONTRACT WITH THE
VILLAGE OF MOUNT PROSPECT THAT REQUIRES YOU TO FOLLOW THE CONSTRUCTION SITE MAINTENANCE
GUIDELINES (ORD. 5536,1/17/06) AND FOLLOW OUR TREE PROTECTION PLAN (CODE SEC 9.716). THE VILLAGE CODE
CAN BE ACCESSED ON-LINE AT WWW.MOUNTPROSPECT.ORG BY SELECTING "VILLAGE CODE" FROM THE LEFT SIDE
OF THE SCREEN.
I DO HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION HAS BEEN FURNISHED BY ME AND
TO THE BEST OF MY KNOWLEDGE IS CORRECT. I UNDERSTAND THAT ANY UNTRUE, INCONSISTENT OR MISLEADING
INFORMATION SHALL BE CAUSE FOR THE REFUSAL TO GRANT OR THE REVOCATION OF ANY CERTIFICATE GRANTED
PURSUANT TO THIS APPLICATION. I FURTHER CERTIFY THAT BY APPLYING IN WRITING FOR A CERTIFICATE TO
OPERATE IN THE VILLAGE OF MOUNT PROSPECT I HAVE READ AND UNDERSTAND MY OBLIGATIONS UNDER
APPROPRIATE VILLAGE ORDINANCES RESPECTIVE TO THE CERTIFICATE(S) FOR WHICH I AM APPLYING. I FURTHER
CERTIFY THAT IF ANY OF THE FOREGORING INFORMATION, INCLUDING THE STATUS OF THE STATE LICENSE,
CHANGES DURING THE COURSE OF THE CERTIFICATE YEAR I WILL NOTIFY THE VILLAGE, IN WRITING, WITHIN SEVEN
(7) DAYS OF SUCH CHANGE.
Signature Printed Name
Title Date
HMUILTorms & Applications\2014 Form Updates\2014 CL Application. docx
iurpnse sweep for unregisterea comractors turns up numerous viotauom
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mtp //lm wa.gov/News/zu13/prl3UJl4a.asp
5601 102 54r00 IIL..V 0 a�1". ti,G )IuV
Surprise ep for unregist,,ered contractors tuirnS Lip
numerous o s
More sweeps to come throughout Washington
Tumwater — Hiring unregistered contractors is risky for homeowners and encourages unfair
competition against registered contractors. That's why the state Department of Labor & Industries
(L&I) is launching a fourth year of sweeps to find contractors who are breaking the rules.
A recent two-day sweep in Walla Walla found four contractors who either were unregistered or who
had hired unregistered contractors. Each was cited by L&I for unregistered contracting, an infraction
that carries a fine of up to $5,000.
During surprise sweeps, multiple inspectors team up for the checks in selected communities on
Friday and weekend days and evenings. That's in addition to their regular work paying unannounced
visits to construction sites year-round to check whether contractors are registered.
More sweeps are planned throughout the state in the coming months.
"We hope these surprise sweeps send a message to all unregistered contractors who try to beat the
system," said Elizabeth Smith, who directs L&I Fraud Prevention & Labor Standards. "We're not just
looking for violators during normal business hours. L&I could be at any job site at any time, any day of
the week — so don't even try working if you're breaking the rules."
Unregistered contractors typically have no insurance and no bond, making it tough for consumers to
recover damages if something goes wrong on a project.
Legitimate contractors support sweeps
"L&I's surprise sweeps help level the playing field for the contractors and subcontractors in our
association," said Jeff Losey, executive director of the Home Builders Association of Tri -Cities. "All of
our members are licensed, bonded and insured. Unregistered contractors don't pay those costs, and
can submit lower bids for jobs from unsuspecting consumers."
All too often, consumers encounter problems when hiring unregistered contractors.
"We get the phone calls from people who went with someone who wasn't licensed," said Losey, whose
group is based in Kennewick. "There's not much we can do except refer them to the resources and
members listed on our website for their next project."
of 2 9/23/2015 10:07 AN,
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Contractors with no workers' comp insurance
In the Walla Walla sweep in April, inspectors visited 16 job sites, where they checked 33 contractors,
two plumbers and an electrician. The inspectors issued seven citations, including three plumbing
infractions, which carry a fine of up to $i,000.
The inspectors also referred six contractors to L&I's workers' comp audit program; three of those
contractors had no insurance to cover employees injured on the job. In addition, inspectors referred
six contractors who owe money to L&I to the department's collection program, and referred one
contractor to the department's workplace safety program.
State law requires general and specialty contractors to register with L&I, which confirms they have
insurance and a bond, and meet other requirements.
'& jt.am lm to I �� o hf xii bitildillft ttt"'rf"rno c tti.g, �i o to a �ti'i�,
For mediainforma-tion: Debby Abe, L&I Communications, 360-902-6043,
ebbv.a_be(�Lni.wa. o�-
Connect with L&I: ace <'a£ti� �-�+_
- T tter ��i.c�e
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A recent two-day sweep in the Walla Walla area found four contractors who either were unregistered
or who had hired unregistered contractors. Each was cited with unregistered contracting, an
infraction that carries a fine of up to $5,000.
The inspectors also found contractors who had no insurance to cover employees injured on the job,
and others that appeared to be violating a workplace safety rule or owed L&I money for past
violations.
State law requires general and specialty contractors to register with L&I, which confirms they have
insurance and a bond, and meet other requirements.
µPo n°IPu ni+niv
® Washington State Dept_ of Labor i£ Industries. Use of this site is subject to the laws of the state of Washington.
of 2 9/23/2015 10:07 M.
Washington Joins Multi -State Sting
Targeting Illegal Construction Activities
July 21, 2015
A multi -state sting that included the Department of Labor & Industries (L&I) turned up more
than 40 cases of illegal construction activity or advertising in Washington state.
L&I issued six infractions for unregistered contracting, 13 for plumber certification violations
and 22 for construction -related advertising violations.
Nine -state sting zaps unregistered contractors
L&I found the violators June 15 to 26 as part of a national sting to deter illegal construction
activity. The National Association of State Contractors Licensing Agencies coordinated the
operation. Nine states that belong to the association participated: Arizona, California, Florida,
Nevada, Rhode Island, South Carolina, Texas, Utah and Washington.
"We want contractors who are breaking the law to know that we're out there looking for them,"
said Elizabeth Smith, who directs L&I Fraud Prevention & Labor Standards. "Together with our
counterparts in other states, our goal is to protect consumers by cracking down on unregistered
contractors and assuring a level playing field for the legitimate ones."
In Washington, teams of L&I inspectors found many of the violators during unannounced
"surprise sweeps" at construction sites in Kennewick, the Bellevue -Kirkland area, the Olympia
area, Vancouver and several other Clark County communities. Staff inspected 257 active
construction sites, where they checked 547 contractors, electricians and plumbers to make sure
they were registered or certified, and were following construction -related laws.
Besides issuing infractions for contractor registration and plumber certification violations,
inspectors referred 23 contractors to L&I's workers' compensation audit program for possible
violations. They referred 44 contractors who owe money to L&I to the department's collection
program.
Online searches for illegal activity
Along with visiting construction sites, L&I searched the Internet for Washington violators.
L&I's Detection and Tracking Unit reviewed 145 electronic advertisements, mainly Craigslist
ads, and issued 22 advertising -related violations. The law requires construction contractors to be
registered to advertise.
State law requires general and specialty contractors to register with L&I, which confirms they
have insurance and a bond, and meet other requirements. Electricians and plumbers must be
certified by L&I. L&I works year-round paying unannounced visits to construction sites and
searching for unregistered contractors online.
Source: Washington Department of Labor & Industries
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Home Invasion in Unincorporated Deerfield
On September 17, 2015 at approximately 7:2013M, Lake County Sheriffs Deputies were dispatched to a
home invasion in the 1100 block of Inverrary Lane, in unincorporated Deerfield. When Sheriffs Deputies
arrived, they learned the victim's juvenile son was playing with another juvenile outside their residence in
the 1100 block of Inverrary Lane. Three male black individuals arrived in an unknown type vehicle. Two
of the three male individuals forced the two juveniles inside the victim's residence at gunpoint.
Once inside the victim's residence, the two subjects (seen in attached photo) forced the adult victim and
two juvenile victims to the ground. They then forced the adult victim to surrender $5000SC and
approximately $10,000 worth of jewelry, while they held the victims at gunpoint. All three subjects then
fled in their unknown -type vehicle. No injuries were sustained by the victims in the home invasion.
The investigation continues through the Lake County Sheriffs Office Criminal Investigations
Division. Anyone able to identify the two subjects in the attached photo is asked to call Sheriffs
Detectives at 847-377-4250 or Lake County Crime Stoppers at 847-662-2222.
Fifth scniii sitspect charged
By MkIlad Smothers
............................. . ...................... -
Pekin Rmily 'FiRnes reporter
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SCRAP COLLECTORS
The Village of Mount Prospect and Republic Services offer a widely comprehensive garbage N
collection program. o
W
• Republic Services collects lawn care equipment, microwave ovens, mattresses, o
box springs, bicycles, snow blowers, shovels, barbeque grills, plumbing fixtures,
furniture, carpet rolls, and swing sets for no additional fee.
• Electronics can be dropped off at Public Works on Wednesdays from loam to
12pm.
• Residents can schedule for their refrigerator to be picked up by ComEd. ComEd
will pick up refrigerators for free and will send the resident a $50 check.
• Residents can also contact Republic Services to collect white goods (appliances)
for a small additional fee.
Scrap Collectors offer an optional service for residents with white goods. However, the Village
of Mount Prospect has no regulations in place for Scrap Collectors.
Scrap Collectors should register and/or have a business permit.
• Registration and/or a business permit would require Scrap Collectors to provide
valid business and contact information.
• Registration and/or a business permit also ensure fairness, safety, and equality for
all Scrap Collectors by having them agree to rules of conduct.
A city sticker could be given to Scrap Collectors when they have registered. This
would help police and residents identify legitimate Scrap Collectors in our
Village.
Registration and/or business permits would help limit metal theft.
• Metal theft is an enticing means of quick cash since the value of scrap metal has
increased.
• The Legislature of Illinois passed a bill creating a task force to find solutions for
metal theft, which goes into effect January 1, 2016.
• The state of South Carolina requires individual Scrap Collectors who sell metal to
obtain a local business permit free of charge from the local sheriff's office. This
requirement helps keep residents safe and reduce metal theft.
• South Carolina also has put together a Scrap Collectors database for business
permit verification by police and scrap Processors/Dealers. This would be a good
1
SCRAP COLLECTORS
resource for our Village, Police Department, and Sheriff's Office. Processors/
Dealers would have a "Read Only" copy for verification for permits.
Scrap Collectors should have hours of operation.
• Within our Village, refuse and recycling cannot be placed on the curbside before
4:30pm the day before garbage collection. Scrap Collectors should have regulated
hours of operation just as Republic Services is required to have.
• Reasonable hours of operation for Scrap Collectors could be 4:30pm — Spm the
day before regular scheduled refuse pick-up.
• This would ensure that Scrap Collectors do not interfere with regular garbage
collection, and would not continually frequent a residential area causing a
nuisance, or violate the rights of residents to the quiet and peaceful enjoyment and
security of their homes and yards.
• Another option might be to list registered and/or business permit issued Scrap
Collectors on the Village website, so residents can schedule specific pick-up
times.
Regulation would also protect the Village of Mount Prospect and its residents.
• Regulation would ensure that Scrap Collectors do not dismantle refuse on
residential property via the rules of conduct. They would be required to take the
complete and entire item with them.
• Regulation would also ensure that Scrap Collectors are insured and bonded, just
as contractors are required to be within our Village.
• Regulation protects the Village and residents from liability claims by mandating
that Scrap Collectors be insured. Currently, if a Scrap Collector is injured while
collecting curbside refuse, he could hold the Village or resident responsible in a
lawsuit.
• Regulation could also define which garbage container or location on the city
property that Scrap Collectors would be able to collect from.
• Regulation could also define which vehicles are appropriate for carrying this
classification of weight and the correct procedures in securing items.
Enclosed Attachments:
Legislator: Limit Metal Theft By Setting Up Task Force July 24, 2015
Scrap Metal Laws By State — Illinois
Scrap Metal Dealers in South Carolina Must Now Obtain A Business Permit
2
SCRAP COLLECTORS
Captain James White — S. Carolina Nonferrous Metals Business Permits and Bill
Get A Rebate - COMED
Legislator: Limit Metal Theft By Setting Up
Task Force
By Camille Phillips • Jul 24, 2015
After receiving approval from both the Illinois House and Senate, a bill to form a task force to
find solutions for metal theft has been signed into law by Gov. Bruce Rauner. It goes into effect
on January 1, 2016.
In a statement Rep. Jay Hoffman, D -Swansea announced Friday that he would be a member of
the task force.
Original story from February 15, 2015:
Illinois Rep. Jay Hoffman, D -Swansea, has introduced a bill to form a task force of metal theft
experts. Together they would work to find long-term solutions. He introduced a similar bill last
year that passed in the House but not the Senate.
Hoffman said he is sponsoring the bill because of an increase in metal theft recently in the Metro
East — everything from copper lines on utility poles to air conditioner coils and carburetors.
"This legislation would bring law enforcement officials, legislators, representatives from the
Illinois Public Utility, rural electric cooperatives and insurance companies to come up with
solutions and stop this record high amount of copper theft," Hoffinan explained.
Illinois's metal theft laws were revised in 2013 to require scrap metal dealers to keep records of
who sells them materials and forbidding cash sales for items worth more than $100.
But Hoffinan says the laws aren't working.
"So what we're trying to do is figure out how we can better communicate 'between scrap metal
dealers, law enforcement, public utilities and residents so that we can provide for means of
catching these folks," Hoffman said.
Some scrap metal dealers have said that too much regulation makes it difficult for them to earn a
living. They've also questioned how much good a task force would do since the group would
talk about changes instead of making changes.
Hoffman has said that the task force would make policy recommendations and he would then act
on those recommendations.
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STATE OF SOUTH CAROLINA
_ - -: ,�-P-E-R-MfT----TOT'RAiYSPOR'i--ANI 3'SEi
j APPLICANT INFORMAMN!
Nacre:
Iddress: City: State: Zip:
Phone Number: Alternate Phone Number:
Drivee -s License or identification Number:
Date of 66:-th: Height: Weight: Nair Color. Eye Color.
VEHICLE INFORMATION
Year: Make: Model: Color:
Tag Number: State: VIN Number:
Registered Oamer:
Address: City., State: Zip:
section 16-17-680 ( C )( 1) states that anyone who wants to transport or sell nonferrous metals to a secondary metals recyder shall
obtain a permit to transport and sell the nonferrous metals.
Section 16-17.680 (C) (2) states that a resident of south Carolina or an entity located in South Carolina shall obtain a permit from the
sheriff of the county in which the person resides or has a secondary residence.
Section 16-17-00 ( C) ( 8 ) states a permit is valid statewide and expires on the person's birth date on the second calendar year after the
calendar year In which the permit Is Issued, or, if the permitted Is an entity, the permit expires on the date of issuance on the second
calendar year after the calendar year in which the permit is issued. .-
Section 16-17-M ( D) ( 1 ) states it Is unlawful to purchase nonferrous metals in any amount for the purpose of recycling the nonferrous
metals from the seller unless the purchaser is a secondary metals recycler who has a valid permit to purchase nonferrous metals and the
seller has a valid permit to transport and sell nonferrous metals.
.don 16-17.680 (E) (1) states that it is unlawful to sell nonferrous metals In any amount to a secondary metal resyder unless the
secondary metal recycler has a valid permit to purchase nonferrous metals issued and the seller has a valid permit to transport and sell
nonferrous metals.
Section 16-11-523 ( 8 ) states that it Is unlawful for a person to willfully and maliciously cut, mutilate, deface, or otherwise injure any
personal or real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals in any amount.
8y signing below, i acknowledge and understand that i must comply with all local, State, and. Federal Laws at all times. While a partial
fist of relevant laws are listed above, I understand that it is my responsibility to familiarize myself and comply with all laws at all times.
i
- SIGNATURE
DATE
OFFICE USE ONLY
PERMIT NUMBER:
County of Issue: --- R-ICHLA ND
3hotograph:
issuing Agency: RICHLAND COUNTY SHERIFF'S DEPARTMENT'
5623 Two Notch Road, Columbia, S.C. 29223
Date Issued:
Date Expires:
Copy of Identification:
Phone: (803) 576-3000
ALL QUESTIOi►!S CONCERNING PERMIT SHOULD BE DIRECTED TOWARD TIME ISSUING AGENCY
2011-2012 Bill 3660: Nonferrous metals - South Carolina Legislature Online Page 1 of 9
South Carolina General Assembly
119th Session, 2011-2012
Download I h i3: in Microsoft Word format
A68, R102, H3660
STATUS INFORMATION
General Bill
Sponsors: Reps_ Ott, Bales, McLeod, Brantley, Battle, Whipper, G.A. Brown, Parker, Anderson, J.M.
Neal, Hodges, Bowers, Hosey, Alexander, Branham, Funderburk, Harrison, King, Dillard, Butler
Garrick and Jefferson
Document Path: 1:\council\bills\swb\51 00cm I l.docx
Companion/Similar bill(s): 732, 4129
Introduced in the House on February 10, 2011
Introduced in the Senate on May 11, 2011
Last Amended on June 2, 2011
Passed by the General Assembly on June 15, 2011
Governor's Action: June 17, 2011, Signed
Summary: Nonferrous metals
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
------------------------------------------------------------------------------
2/10/2011 House Introducea and read first time
2/10/2011 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs
2/10/2011 House Member(s) request name added as sponsor: Dillard, Butler
Garrick
2/10/2011 House Recalled from Committee on Agriculture, Natural
Resources and Environmental Affairs
2/10/2011 House: Referred to Committee on Judiciary
2/23/2011 House Members) request name- removed as sponsor: u'lliard
4/27/2011 House Recalled from Committee on Judiciary
C - _ )
4/28/2011 Scrivener's error corrected
5/4/2011 House Member(s) request name added as sponsor: Jefferson
5/4/2011 House Amended
5/=/2011 House Requests for debate-Rep(s). Brannon, Pitts, Daning, and
Corbin
5/4/2011 House Read second time
5/4/2011 House Roll call teas -93 Nays -6
5/5/2011 House Read third time and sent to Senate
5/5/2011 Scrivener's errorcorrected
5/11/2011 Senate Introduced, read first time, placed on calendar without
reference
5/31/2011 Senate Read second fire
5/31/2011 Senate Roll call Ayes -36
http://www.scstatehouse.gov/sessl19 2011-2012/bills/3660.htm 9/22/2015
2011-2012 Bill 3660: Nonferrous metals - South Carolina Legislature Online
6/1/2011 Senate
6/_/2011 Senate
6/1/2011 Senate
6/2/2011 Fouse
6/2/2011 House
6/2/2011 House
6/15/2011 Senate
6/13/2011 Senate
6/16/2011
6/17/2011
6/22/2011
6/27/2011
Amended {
Read third time and returned
Roll call Ayes -38 YNays-2
Senate amendment amended
Roll call Yeas -79 Nays -34
Returned to Senate with amen,
Concurred in House amendment
Roll call Ayes -39 Nays
Ratified R 102
Signed By Governor
Effective date 08/1'/11
Act No. 68
View the latest i V i `, ;' zf ,rm: ' lo in at the LPITS web site
VERSIONS OF THIS BILL
Page 2 of 9
La House with amendments
)
nts
and enrolled
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
(A68, R102, H3660)
AN ACI' TO AMEND SECTION 16-11-523, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO OBTAINING NONFERROUS METALS UNLAWFULLY,
SO AS TO REVISE THE PENALTIES FOR VIOLATIONS OF THIS PROVISION; TO
AMEND SECTION 16-17-680, AS AMENDED, RELATING TO THE PURCHASE OF
NONFERROUS METALS, PROCEDURES AND REQUIREMENTS FOR PURCHASE OF
NONFERROUS METALS, AND EXCEPTIONS, SO AS TO PROVIDE DEFINITIONS FOR
CERTAIN NEW AND DELETE CERTAIN EXIS'T'ING TERMS, TO PROVIDE THAT A
SECONDARY METALS RECYCLER, SHALL OBTAIN A PERMIT TO PURCHASE
NONFERROUS METALS FROM THE SHERIFF OF THE COUNTY IN WHICH A
SECONDARY METALS RECYCLER'S FIXED SITE IS LOCATED, TO PROVIDE THAT
CERTAIN PERSONS WHO WANT TO TRANSPORT OR SELL NONFERROUS METALS
TO A SECONDARY METALS RECYCLER SHALL OBTAIN A PERiMIT TO TRANSPORT
AND SELL NONFERROUS METALS FROM THE SHERIFF OF THE COUNTY IN WHICH
THE PERSON RESIDES OR IS LOCATED, TO PROVIDE THAT IT IS UNLAWFUL TO
OBTAIN A PERMIT FOR THE PURPOSE OF TRANSPORTING OR SELLING STOLEN
NONFERROUS METALS AND TO PROVIDE A PENALTY, TO REVISE THE PROVISION
THAT PROVIDES THAT IT IS UNLAWFUL TO PURCHASE NONFERROUS METALS
FROM A PERSON WHO IS NOT A HOLDER OF A RE'T'AIL LICENSE BY PROVIDING
THAT THIS PROVISION APPLIES TO THE PURCHASE OF NONFERROUS METALS
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FOR THE PURPOSE OF RECYCLING THEM FROM A SELLER WHO IS NOT A
HOLDER OF A RETAIL LICENSE, AN AUTHORIZED WHOLESALER, CERTAIN
CONTRACTOR, OR CERTAIN UTILITY, PLUMBING, ELECTRICAL, OR CLIMATE
CONDITIONING SERVICE PROVIDER UNDER CERTAIN CIRCUMSTANCES, TO
REVISE THE PROVISION THAT REQUIRES A SECONDARY METALS RECYCLER TO
MAINTAIN A RECORD OF PERSONS WHO HE PURCHASES NONFERROUS METALS
FROM, TO PROVIDE THAT A SECONDARY METALS RECYCLER SHALL PURCHASE
COPPER, CATALYTIC CONVERTERS, AND BEER KEGS BY CHECK, TO PROVIDE
THAT A SECONDARY METALS RECYCLER SHALL DISPLAY PROMINENTLY A SIGN
AT HIS FIXED SITE THAT PROVIDES THE CONDITIONS THAT MUST BE MET BY A
SELLER BEFORE HE MAY PURCHASE NONFERROUS METALS FROM THE SELLER,
TO PROVIDE NEW AND DELETE CERTAIN PRIOR PENALTIES FOR VIOLATIONS OF
PROVISIONS OF THIS SECTION, TO PROVIDE THAT THIS SECTION PREEMPTS
LOCAL ORDINANCES AND REGULATIONS GOVERNING THE TRANSPORTATION OF
CERTAIN NONFERROUS METALS, AND DELETE THE PROVISION THAT PROVIDES
THAT THIS SECTION SHALL NOT PREEMPT THE ABILITY OF A POLITICAL
SUBDIVISION TO ENACT ORDINANCES OR REGULATIONS PERTAINING TO
ZONING OF BUSINESS LICENSE FEES; AND TO REPEAL SECTION 16-17-685
RELATING TO THE UNLAWFUL TRANSPORTATION OF NONFERROUS METALS.
Be it enacted by the general Asse�ubly of the State of South Carolina:
Unlawfully obtaining nonferrous metals
SECTION 1. Section 16-11-523 of the 1976 Code, as last amended by Act 273 of 2010, is further
amended to read:
"Section 16-11-523. (A) For purposes of this section, 'nonferrous metals' means metals not
containing significant quantities of iron or steel, including copper wire, copper 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.
(B) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure
any personal or real property, including any futures or improvements, for the purpose of obtaining
nonferrous metals in any amount.
(C) A person who violates a provision of this section is guilty of a:
(1) misdemeanor, and, upon conviction, must be fined in the discretion of the court or imprisoned
not more than three years, or both, if the direct injury to the property, the amount of loss in value to
the property, the amount of repairs necessary to return the property to its condition before the act, or
the property loss, including fixtures or improvements, is less than five thousand dollars; or
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more
than ten years, or both, if the direct injury to the property, the amount of loss in value to the property,
the amount of repairs necessary to return the property to its condition before the act, or the property
loss, including fixtures or improvements, is five thousand dollars or more.
(D)(1) A person who violates the provisions of this section and the violation results in great bodily
injury to another person is guilty of a felony and, upon conviction, must be imprisoned not more than
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fifteen years. For purposes of this subsection, 'great bodily injury' means bodily injury which creates a
substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
(2) A person who violates the provisions of this section and the violation results in the death of
another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty
years.
(E) A person who violates the provisions of this section and the violation results in disruption of
communication or electrical service to critical infrastructure or more than ten customers of the
communication or electrical service 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.
(F)(1) A public or private owner of personal or real property is not civilly liable to a person who is
injured during the theft or attempted theft, by the person or a third party, of nonferrous metals in any
amount.
(2) A public or private owner of personal or real property is not civilly liable for a person's injuries
caused by a dangerous condition created as a result of the theft or attempted theft of nonferrous metals
in any amount, of the owner when the owner of personal or real property did not know and could not
have reasonably known of the dangerous condition.
(3) This subsection does not create or impose a duty of care upon a owner of personal or real
property that would not otherwise exist under common law."
Purchase, sale, and transportation of nonferrous metals
SECTION 2. Section 16-17-680 of the 1976 Code, as last amended by Act 26 of 2009, is further
amended to read:
"Section 16-17-680. (A) For purposes of this section:
(1) 'Fixed site' 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 sixty-four days.
(2) 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.
(3) '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.
(4) '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.
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(B) A secondary metals recycler shall obtain a permit to purchase nonferrous metals from the sheriff
of the county in which each of the secondary metals recycler's fixed sites are located. The sheriff shall
issue the permit to the secondary metals recycler if the secondary metals recycler:
(1) has a fixed site located in the sheriffs county; and
(2) declares on a form provided by the sheriff that the secondary metals recycler is informed of and
will comply with the provisions of this section.
The sheriff may charge and retain a two hundred dollar fee for the permit. The sheriff shall keep a
record of all permits issued pursuant to this subsection containing, at a minimum, the date of issuance,
and the name and address of the permit holder. The permit is valid for twenty-four months.
(C)(1) A person or entity other than a holder of a retail license, an authorized wholesaler, a
contractor licensed pursuant to Article 1, Chapter 11, Title 40, or a gas, electric, communications,
water, plumbing, electrical, or climate conditioning service provider, who wants to transport or sell
nonferrous metals to a secondary metals recycler shall obtain a permit to transport and sell nonferrous
metals from the sheriff of the county in which the person resides or the entity is located. If the person
is not a resident of or the entity is not located in South Carolina, the person or entity shall obtain a
permit to transport and sell nonferrous metals from the sheriff of the county in which the secondary
metals recycler purchasing the nonferrous metals is located. The sheriff shall issue the permit to the
person or entity if the:
(a) person resides or the entity is located in the sheriffs county, or, if the person is not a resident of
or the entity is not located in South Carolina, secondary metals recycler purchasing the nonferrous
metals is located in the sheriffs county; and
(b) person or entity declares on a form provided by the sheriff that the person or entity is informed
of and will comply with the provisions of this section.
The sheriff may not charge a fee for the permit. The sheriff shall keep a record of all permits issued
pursuant to this subsection containing, at a minimum, the date of issuance, the name and address of
the permit holder, a photocopy of the permit holder's identification, the license plate number of the
permit holder's motor vehicle, and the permit holder's photograph. The permit is valid for twelve
months. If a person or entity only wants to sell or transport nonferrous metals a maximum of two
times in a twelve month period, the person or entity can obtain a forty-eight hour permit from the
applicable sheriffs office pursuant to this subsection, except that the person only needs to call the
sheriffs office, provide the required information, and obtain a permit number. A person or entity only
may request such a permit two times in a twelve month period.
(2)(a) it is unlawful for a person to obtain a permit to transport and sell nonferrous metals for the
purpose of transporting or selling stolen nonferrous metals.
(b) A person who violates a provision of this subitem 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.
(D)(1) It is unlawful to purchase nonferrous metals in any amount for the purpose of recycling the
nonferrous metals from a seller who is not a holder of a retail license, an authorized wholesaler, a
contractor licensed pursuant to Article 1, Chapter 11, Title 40, or a gas, electric, communications,
water, plumbing, electrical, or climate conditioning service provider, unless the purchaser is a
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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 shall maintain a record containing, at a minimum, the
date of purchase, name and address of the seller, a photocopy of the seller's identification, a
photocopy of the seller's permit to transport and sell nonferrous metals, if applicable, 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 the seller 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.
(2) A secondary metals recycler shall purchase copper, catalytic converters, and beer kegs by check
alone.
(3) A secondary metals recycler shall prominently display a twenty -inch by thirty -inch sign in the
secondary metals recycler's fixed site that states: 'NO NONFERROUS METALS, INCLUDING
COPPER, MAY BE PURCHASED BY A SECONDARY METALS RECYCLER FROM A
SELLER UNLESS THE SELLER IS A HOLDER OF A RETAIL LICENSE, AN AUTHORIZED
WHOLESALER, A CONTRACTOR LICENSED PURSUANT TO ARTICLE 1, CHAPTER 11,
TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, A GAS, ELECTRIC,
COMMUNICATIONS, WATER, PLUMBING, ELECTRICAL, OR CLIMATE CONDITIONING
SERVICE PROVIDER, OR THE SELLER PRESENTS THE SELLER'S VALID PER -MIT TO
TRANSPORT AND SELL NONFERROUS METALS ISSUED PURSUANT TO SECTION 16-17-
680, CODE OF LAWS OF SOUTH CAROLINA, 1976.'
(4) A purchaser who violates a provision of this subsection:
(a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than
two hundred dollars nor more than three 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 less
than four hundred dollars nor more than five hundred dollars or imprisoned not more than one year, or
both; and
(c) for a third offense 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.
(E)(1)(a) It is unlawful to sell nonferrous metals in any amount to a secondary metals recycler
unless the secondary metals recycler has a valid permit to purchase nonferrous metals issued pursuant
to subsection (B) and the seller is a holder of a retail license, an authorized wholesaler, a contractor
licensed pursuant to Article 1, Chapter 11, Title 40, or a gas, electric, communications, water,
plumbing, electrical, or climate conditioning service provider, or the seller has a valid permit to
transport and sell nonferrous metals issued pursuant to subsection (C).
(b) A seller who violates a provision of this subitem:
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(i) 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 one year, or both;
(ii) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less
than five hundred dollars or imprisoned not more than three years, or both; and
(iii) for a third or subsequent offense, is guilty of a felony, and, upon conviction, must be fined not
less than one thousand dollars or imprisoned not more than five years, or both.
(2)(a) It is unlawful to purchase nonferrous metals in any amount from a seller who does not have a
valid permit to transport and sell nonferrous metals issued pursuant to subsection (C) with the intent
to resell the nonferrous metals in any amount to a secondary metals recycler using the purchaser's
valid permit to transport and sell nonferrous metals issued pursuant to subsection (C).
(b) A purchaser who violates a provision of this subitem 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.
(F)(1) When 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 ale Subject to the r1UUGe, and l l'u nl 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 fixed site 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 fixed site 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.
(4) A secondary metals recycler who violates a provision of this subsection:
(a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than
two hundred dollars nor more than three 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
less than four hundred dollars nor more than five hundred dollars or imprisoned not more than one
year, or both; and
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(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.
(G)(1) It is unlawful to transport in a vehicle or have in a person's possession in a vehicle on the
highways of this State nonferrous metals of an aggregate weight of more than ten pounds.
(2) Subsection (G)(1) does not apply if:
(a) the vehicle is a vehicle used in the ordinary course of business for the purpose of transporting
nonferrous metals;
(b) the person can present a valid permit to transport and sell nonferrous metals issued pursuant to
subsection (C); or
(c) 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 item (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 item (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 in a vehicle on the highways of this State 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 bili of sale for
nonferrous metals that the person knows to be stolen, the person is guilty of a felony, and, upon
conviction, must be must be fined in the discretion of the court or imprisoned not more than ten years,
or both.
(H) For purposes of this section, the only identification acceptable is a:
(1) valid South Carolina driver's Iicense issued by the Department of Motor Vehicles;
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(2) valid 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.
(1) The provisions of this section do not apply to the purchase or sale of aluminum cans.
(J) This section preempts local ordinances and regulations governing the purchase, sale, or
transportation of nonferrous metals in any amount, except to the extent that such ordinances pertain 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."
Repeal
SECTION 3. Section 16-17-685 of the 1976 Code is repealed.
Savings clause
SECTION 4. 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 5. This act takes effect sixty days after approval by the Governor.
Ratified the 16th day of June, 2011.
Approved the 17th day of June, 2011.
This web page was last updated on Tuesday, December 10, 2013 at 10.19 A.M.
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