Nonferrous metals

2025-2026 Bill 5599: Nonferrous metals - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5599
STATUS INFORMATION
General Bill
Sponsors: Reps. W. Newton, Herbkersman and Jordan
Document Path: LC-0242AHB26.docx
Introduced in the House on April 28, 2026
Currently residing in the House Committee on
Labor, Commerce and Industry
Summary: Nonferrous metals
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

4/28/2026

House

Introduced and read first time (
House Journal-page 14
)

4/28/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 14
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
04/28/2026

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION
1.A.
S
ection
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
may
must

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
.
S
ection
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 secondary metals recycler shall maintain a record containing, at a minimum,
the date of purchase, the 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, if available, the seller's photograph, the weight and size or
other description of the nonferrous metals purchased, the amount paid for the
nonferrous metals, 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. If the secondary metals recycler has the seller's photograph on file, the
secondary metals recycler may reference the photograph on file without making a
photograph for each transaction; however, the secondary metals recycler shall
update the seller's photograph on an annual basis. A secondary metals recycler
may use a video of the seller in lieu of a photograph provided the secondary
metals recycler maintains the video for at least one hundred twenty days. A
secondary metals recycler may maintain a record in an electronic database
provided that the information is legible and can be accessed by law enforcement
upon request.

(
3)
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 one year from the date of purchase.

(
4)
A secondary metals recycler shall not enter into a cash transaction in payment
for the purchase of copper, catalytic converters, or beer kegs, which totals
twenty-five dollars or more. Payment for the purchase of copper, catalytic
converters, or beer kegs, which totals twenty-five dollars or more must be made
by check alone issued and made payable to the seller. A secondary metals
recycler shall neither cash a check issued pursuant to this item nor use an
automated teller machine (ATM) or other cash card system in lieu of a check. A
secondary metals recycler shall not enter into more than one cash transaction
per day per seller in payment for the purchase of copper, catalytic converters,
or beer kegs.

(
5)
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 PERMIT TO TRANSPORT AND
SELL NONFERROUS METALS ISSUED PURSUANT TO SECTION
16-17-680
, CODE OF LAWS OF
SOUTH CAROLINA, 1976."

(
6)
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.

(
d)
If the purchaser obtained a
permit to purchase nonferrous metals pursuant to subsection (B), the permit
must be revoked.
The purchaser must give written notice
to the sheriff in each county where the purchaser holds or has held a permit
under this section within ten days of the conviction becoming final. The notice
must include a copy of the conviction order and the purchaser's name, permit
number, and date of conviction. Failure to provide such notice is a separate
violation of this section, and a person who commits a violation 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. However, if the
person intentionally fails to provide such notice with the intent to avoid
detection of the revocation or conviction in order to continue operating as a
secondary metals recycler or to obtain or retain a permit under this section,
the person 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.

(
7) It is unlawful for a secondary
metals recycler to knowingly and intentionally obstruct, interfere with, or
impede an inspection authorized under this section including, but not limited
to:

(
a) failing to maintain records
required by item (2);

(
b) concealing, destroying, altering,
or refusing to produce records or nonferrous metals upon lawful request by law
enforcement or a governmental agency during regular business hours;

(
c) knowingly falsifying, forging, or
providing false information in any record, photograph, video, statement, or
other documentation required under this section.

A

person who violates the provisions of this item is guilty of a felony and, upon
conviction, the person must be fined in the discretion of the court or
imprisoned not more than five years, or both.

(
8)
(
a) A secondary metals recycler who
receives nonferrous metals that he knows, or a reasonable secondary metal
recycler should know, are stolen is guilty of a felony and, upon conviction,
the person must be fined in the discretion of the court or imprisoned not more
than five years, or both. If the purchaser completes the purchase with
reasonable suspicion that the nonferrous metals are likely stolen, the status
remains unresolved, and the recycler fails to comply with subitem(b), the
penalties in item (6)(a) through (c) apply.

(
b) If a secondary metals recycler has
reasonable suspicion during a transaction, the secondary metals recycler shall
not complete the purchase unless the suspicion is reasonably resolved through
additional verification including, but not limited to, contacting the seller's
claimed source or obtaining further documentation. If reasonable suspicion
persists, the secondary metals recycler must:

(
i) place the nonferrous metals on a
self-imposed hold for at least fifteen calendar days, during which the
secondary metals recycler shall notify local law enforcement and the issuing
sheriff in writing of the held items, including a description, seller details from
item (2), and basis for suspicion; and

(
ii) maintain the held items and
related records available for inspection as provided in item (3).

(
c) This item does not create a
general duty to report crimes or investigate suspicions beyond the
verification, self-imposed hold, and notification procedures required by this
section during a transaction.

(
d) For the purposes of this item,
"reasonable suspicion" means the secondary metals recycler has actual knowledge
of facts, circumstances, or indicators that would lead a reasonable secondary
metals recycler to suspect the nonferrous metals are likely stolen. A secondary
metals recycler is deemed to have actual knowledge if the secondary metals
recycler deliberately refrains from learning or confirming such facts,
circumstances, or indicators when the secondary metals recycler has reason to
believe they exist or when a reasonable secondary metals recycler would make
inquiry. Facts, circumstances, or indicators that nonferrous metals are likely
stolen include, but are not limited to:

(
i) visible signs of theft, such as
fresh cut marks, utility or infrastructure engravings, or serial numbers that
appear altered or removed when such signs are reasonably obvious upon routine
inspection;

(
ii) inconsistencies between the
seller's identification, permit, vehicle details, or signed ownership statement
and the nonferrous metals including, but not limited to, the metals appear to
be from a commercial or utility source but the seller lacks documentation as an
exempted entity under subsection (J) or provides implausible explanations;

(
iii) the secondary metals recycler
has received specific, credible notice from law enforcement or from the claimed
owner or victim of the nonferrous metals, or an authorized representative, that
the specific nonferrous metals being offered match or are consistent with
recently reported stolen items, including details such as descriptions,
quantities, markings, serial numbers, or other identifying features.

(
9)
(
a) It is unlawful for a secondary
metals recycler to knowingly, or with reckless disregard as to whether the
transactions are structured to evade, enter into or participate in multiple
cash transactions in payment for copper, catalytic converters, or beer kegs on
the same day or over a short period with the intent to evade the cash
transaction limits or the one-transaction-per-day restriction in item (4). This
includes, but is not limited to:

(
i) splitting a single load or sale
into multiple smaller transactions each totaling less than twenty-five dollars;

(
ii) conducting separate transactions
under different names, vehicles, or associated parties where there is evidence
of coordination or common control; or

(
iii) any pattern of transactions
designed to circumvent the requirement that payments totaling twenty-five
dollars or more must be made by check payable to the seller.

(
b) A person who violates the
provisions of this item 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, if the purchaser has reasonable suspicion that some or all of the nonferrous
metals involved in any one or more of the transactions that constitute the
violation are likely stolen. If reasonable suspicion does not exist with
respect to the nonferrous metals involved in the violation, the penalties in
item (6)(a) through (c) apply.

S
ECTION 2. 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.

S
ECTION 3. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on April 28, 2026 at 12:48 PM