Nonferrous metals

2025-2026 Bill 1150: Nonferrous metals - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
S. 1150
STATUS INFORMATION
General Bill
Sponsors: Senator Elliott
Document Path: LC-0243AHB26.docx
Introduced in the Senate on April 28, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Nonferrous metals
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

4/28/2026

Senate

Introduced and read first time (
Senate Journal-page 7
)

4/28/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 7
)

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 1:02 PM