GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 295
AN ACT PROVIDING FOR THE REGULATION OF PURCHASES OF REGULATED METALS PROPERTY BY SECONDARY METALS RECYCLERS IN NORTH CAROLINA.
The General Assembly of North Carolina enacts:
Section 1. G.S. 66-10 reads as rewritten:
"§ 66-10.
Failure of junk dealers of scrap, salvage, or surplus to keep
record of purchases of certain items misdemeanor.
(a) Every person,
firm, or corporation buying brass or copper, or any other metal, or any
rubber, or leather and rubber belts rubber or leather, rubber belts, and
belting, as junk, scrap, salvage, or surplus shall keep a
register and shall keep therein containing a true and accurate
record of each purchase, showing including the description of the
article purchased, the name from whom purchased, the amount paid for the same,
article purchased, the date thereof, of the purchase, and
also any and all marks or brands upon said metal, rubber, or leather
and rubber belts the rubber or leather, rubber belts, and belting. The
said This register and the metal and rubber, and leather and
rubber belts rubber, leather, rubber belts, and belting purchased
shall be at all times open to the inspection of the public. A failure to comply
with these requirements or the making of a false entry concerning such
metals, rubber, the rubber or leather, or rubber belts, or
belting shall constitute a misdemeanor.
(b) Every person, firm
firm, or corporation engaged in the business of buying or dealing in
what is commonly known as 'junk,' scrap, salvage, or surplus, including
scrap metal of every kind, nature or description, glass, waste paper,
burlap, cloth, cordage, rubber, leather, or belting of every kind, or
brass, in addition to the above requirements, requirements under
subsection (a) of this section, shall make and keep a record of the name
and address of the person from whom such junk this scrap, salvage, or
surplus is purchased and the license number, if any, and if there is no
license, a description of the vehicle in which such junk this scrap,
salvage, or surplus is delivered. Any person, firm firm, or
corporation who or which fails to comply with the requirements of this paragraph
subsection shall be guilty of a misdemeanor and upon conviction
shall be fined not in excess of fifty dollars ($50.00) in the discretion of the
court."
Sec. 2. G.S. 66-11 reads as rewritten:
"§ 66-11.
Dealing in certain metals regulated; regulated metals property; purchasing
from minors; violations of section misdemeanor.
Every person, firm, or corporation buying railroad brasses
or any composition metal specially used in the operation of trains, or brasses,
composition metals, or copper or aluminum of the kind or quality used by
manufacturing or power plants or by the communication or electric utility
industry, or any copper, brass or bronze of whatever kind or description, shall
keep a register and shall insert therein a true and accurate record of each
purchase, showing the name, address and driver's license number, the make and
type of vehicle hauling said scrap, together with the license plate number
thereon, of the person from whom purchased, the amount paid for the same, the
date thereof, and also any and all marks or brands upon such metal. Such
records shall be kept at the place of business of the person, firm or
corporation and shall be open to inspection by any law officer. The register
shall be at all times open to the inspection of the public. Any person or
dealer buying or selling metals without complying with this section shall be
guilty of a misdemeanor; and any person making a false entry in such register
shall be guilty of a misdemeanor. Every person, firm, or corporation who shall
buy or receive any such metals from persons under 18 years old, or who shall
buy or receive any such metals after the same have been broken up and the marks
or brands obliterated, shall be guilty of a misdemeanor; and every person
buying, receiving or selling, or offering for sale metals broken into small
pieces, or so broken as to obliterate the marks or brands, shall be prima facie
presumed to have received such metals knowing the same to have been stolen.
(a) Definitions. - As used in this section:
(1) 'Law enforcement officer' means any duly constituted law enforcement officer of the State or of any municipality or county.
(2) 'Regulated metals property' means all ferrous and nonferrous metals.
(3) 'Secondary metals recycler' means any person, firm, or corporation in the State:
a. That, from a fixed location or otherwise, is predominately engaged in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or
b. That has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, by methods including, but not limited to, the processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content of the metals, but not including the exclusive use of hand tools.
(4) 'Fixed location' 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 the secondary metals recycler for a total duration of not less than 364 days.
(b) Records Required. -
(1) A secondary metals recycler shall maintain a record of all purchase transactions in which the secondary metals recycler purchases regulated metals property.
(2) The following information shall be maintained for transactions in which a secondary metals recycler purchases regulated metals property:
a. The name and address of the secondary metals recycler.
b. The name, initials, or other identification of the individual entering the information.
c. The date of the transaction.
d. The weight of the regulated metals property purchased.
e. The description made in accordance with the custom of the trade of the type of regulated metals property purchased.
f. The amount of consideration given for the regulated metals property.
g. The name and address of the vendor of the regulated metals property.
h. The drivers license number or identification card number issued by the Division of Motor Vehicles of the person delivering the regulated metals property to the secondary metals recycler, or, if the person delivering the regulated metals property does not have a drivers license or an identification card issued by the Division of Motor Vehicles, a signed written statement that the delivery person does not have a drivers license or an identification card issued by the Division of Motor Vehicles.
(3) A secondary metals recycler shall keep and maintain the information required under this subsection for not less than two years from the date of the purchase of the regulated metals property.
(c) Inspection of Regulated Metals Property and Records. - During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall have the right to inspect either of the following:
(1) Any and all purchased regulated metals property in the possession of the secondary metals recycler.
(2) Any and all records required to be maintained under subsection (b) of this section.
(d) Cash Transactions. - No secondary metals recycler shall purchase regulated metals property for cash consideration from other than a fixed location.
(e) Right to Restitution. - The court may order a defendant to make restitution to the secondary metals recycler for any damage or loss caused by the defendant arising out of an offense committed by the defendant.
(f) Violations. - Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00), imprisoned for not longer than two years, or both.
(g) Exemptions. - This section shall not apply to purchases of regulated metals property from a manufacturing, industrial, or other commercial vendor that generates or sells regulated metals property in the ordinary course of its business.
(h) Preemption. - A county or municipality shall not enact any local law, ordinance, or regulation regulating secondary metals recyclers or regulated metals property that conflicts with this section, and this law preempts all existing laws, ordinances, or regulations."
Sec. 3. This act becomes effective December 1, 1993, but applies only to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 7th day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives